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Trademark Law

Las Vegas Trademark Attorney

Covers a wide variety of trademark issues, especially in Las Vegas and the 9th Circuit.
By Ryan Gile

Post Frequency: 2.1/day

Last Entry: May 24, 2010 at 14:15:00

Logo History of "The Big Game"

Posted on January 29, 2009
It?s that time of the year again ? when a trademark attorney?s fancy turns to stories of the National Football League?s SUPER BOWLŽ brand championship football game. It?s almost become a perennial favorite trademark story to write about the NFL?s aggressive efforts to quash third party use of the SUPER BOWL mark in connection with the sale of third party goods or the commercial hosting of parties to watch ?The Big Game...

Sammy Hagar files lawsuit against CABO WABO licensee

Posted on January 28, 2009
I always find it interesting when a lawsuit seemingly flies under radar screen of the press -- until one reporter writes a story about it and suddenly the news is everywhere (or perhaps reporters, like bloggers, sometimes don?t have time to investigate stories so we simply report other reporter?s stories)...

Trader Joe?s Reaches Settlement Over ?Trader John?s?

Posted on January 26, 2009
Looks like the trademark dispute between Trader Joe?s Co. and Gristedes Foods Inc. (previously blogged here) over the latter company?s planned use of the name ?Trader John?s? in connection with a chain of grocery stores appears to have been settled.On January 22, 2009, the parties sent a joint letter to the court requesting that the temporary restraining order entered by the court on January 14, 2009, be extended an additional 10 days while the parties work out the details of a settlement agreement which apparently had been reached in principle on January 15, 2009...

Utah Company Goes After Counterfeit ?Male Chastity? Belts

Posted on January 23, 2009
You learn something new every day.On January 21, 2009, A.L. Enterprises, Inc. (?ALE?), a Nevada corporation doing business in Price, Utah, filed a lawsuit in the U.S. District Court for the District of Utah against Latitudes International (?Latitudes?), a company based in Scarborough, Ontario, Canada, and Latitudes? manager, Gordon Douglas...

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Who do you think of WHEN YOU THINK OF MOUSE PADS?

Posted on January 21, 2009
On January 20, 2009, Las Vegas-based Time's Up, Inc. (?Time?s Up?), which specializes in making various types of promotional mouse pads, filed a trademark infringement lawsuit against a Georgia-based promotional products company named ActNow Media, Inc...

Mr. President vs. Mr. Fluffy

Posted on January 20, 2009
On a day when everyone is thinking about the Inauguration of Barack Obama, thanks to The TTABlogŽ, all I can think about is Mister Fluffy.

Prilosec's New Heartburn Mascot Looks Familiar

Posted on January 17, 2009
Anybody else think that Burnie Abdominal Arsonist, the "flame character" in the new PRILOSEC OTC commercials, looks like the Kool-Aid Man?

American Idol goes after Texas Strip Club Over ?Stripper Idol?

Posted on January 14, 2009
I feel like I should have a write-up about the trademark infringement lawsuit filed by the company behind ?American Idol? against Palazio Men's Club, an Austin, Texas strip club that hosts a weekly amateur stripping contest that the club promotes as ?Stripper Idol...

Silly Company! TRIX are for . . . chips?

Posted on January 13, 2009
At least that is the position that General Mills IP Holdings II, LLC, the intellectual property holding company for General Mills which owns numerous trademark registrations for the mark TRIX, is taking in an opposition filed with the Trademark Trial and Appeal Board...

Trader Joe?s Sues New York Grocery Chain Over Trader John?s

Posted on January 10, 2009
Earlier this week (link here), I wrote about the Larry Flynt?s nephews being sued because they distributed an adult movie under the company name Flynt Media Corporation. Their logic was that they have every right to use the name ?Flynt? as a business name because its their name...

Monster Cable and Monster Mini Golf Reach Amicable Resolution to Trademark Battle

Posted on January 07, 2009
Like many other blogs, I previously wrote (link here) about the trademark infringement battle between Monster Mini Golf and Monster Cable Products, Inc.Yesterday, the ?Stop the Bully? webpage created by Monster Mini Golf after being embroiled in a trademark dispute with Monster Cable reported that the parties reached an amicable resolution to their dispute ? with Monster Cable dropping the lawsuit and the opposition against Monster Mini Golf thereby allowing Monster Mini Golf to proceed with registering its mark MONSTER MINI GOLF...

Larry Flynt Sues Nephews for Trademark Infringement and Dilution

Posted on January 07, 2009
Flynt Publications Building in Beverly Hills, CaliforniaThe LA Times and AP reported on the trademark infringement lawsuit filed by Hustler Magazine publisher Larry Flynt on Monday against his nephews, Jimmy Flynt II and Dustin Flynt, over their decision to start their own adult film distribution company named Flynt Media Corporation...

Harrah?s Sues Indiana Strip Club Over ?Horseshoe? Trademark

Posted on January 05, 2009
On December 30, 2008, Harrah's License Company, LLC ? the IP holding company for Harrah's Operating Company, Inc., the owner and operator of over 38 casinos worldwide ? filed a lawsuit against Indiana resident John Mattingly in the U.S. District Court for the Southern District of Indiana...

A ?Kool? False Advertising Lawsuit

Posted on December 29, 2008
On December 23, 2008, two companies associated with the famed singing group ?Kool & the Gang? (The Name Vault, LLC and Gang Touring, Inc., together the Plaintiffs) filed a false advertising and unfair competition lawsuit against the Las Vegas Sands Corp...

Verizon Announces $33.2 Million Cybersquatting Default Judgment

Posted on December 24, 2008
Several news sources (WSJ.com and Dow Jones Newswire) reported on the $33.2 million default judgment obtained by Verizon Communications Inc. against OnLineNIC, Inc. for alleged cybersquatting. See Verizon California Inc. et al v. OnLineNic Inc., Case No...

Viacom Files UDRP Action to Obtain JACKASS.com

Posted on December 22, 2008
p align="center"a href="http://2.bp.blogspot.com/_k9mUv3KvFh0/SVBxTg6VIsI/AAAAAAAABVU/admVrKKgrnY/s1600-h/jackass.jpg"img id="BLOGGER_PHOTO_ID_5282846942971634370" style="WIDTH: 190px; CURSOR: hand; HEIGHT: 200px" alt="" src="http://2.bp.blogspot.com/_k9mUv3KvFh0/SVBxTg6VIsI/AAAAAAAABVU/admVrKKgrnY/s200/jackass...

VISA wins again against eVISA on trademark dilution claim under TDRA standard

Posted on December 19, 2008
p align="center"a href="http://1.bp.blogspot.com/_k9mUv3KvFh0/SUw-reb9uuI/AAAAAAAABVE/ULM7OTgbfUE/s1600-h/800px-VISA_Logo_svg.png"img id="BLOGGER_PHOTO_ID_5281665379624401634" style="WIDTH: 200px; CURSOR: hand; HEIGHT: 126px" alt="" src="http://1.bp.blogspot...

Black Sabbath Co-Founder Files Trademark Infringement Lawsuit Against Live Nation Over Sales of Unlicensed ?Black Sabbath? Merchandise

Posted on December 17, 2008
p align="center"a href="http://1.bp.blogspot.com/_k9mUv3KvFh0/SUmS-Vc4DAI/AAAAAAAABUk/-YNPoC_Ie4I/s1600-h/BlackSabbath_patch.jpg"img id="BLOGGER_PHOTO_ID_5280913637676420098" style="WIDTH: 400px; CURSOR: hand; HEIGHT: 207px" alt="" src="http://1.bp.blogspot...

SCRABULOUS case S E T T L E D

Posted on December 16, 2008
The lawsuit filed by Hasbro, Inc. against the makers of the widely popular Facebook game SCRABULOUS (previously blogged here and here) has been voluntarily dismissed by Hasbro. See Hasbro, Inc. v. RJ Softwares, Rajat Agarwalla, and Jayant Agarwalla, Case No...

On break until December 17th

Posted on December 10, 2008
I'm taking a brief vacation from blogging about the always entertaining world of trademark law. I expect to return sometime next week.Meanwhile, enjoy this little bit of nostalgia courtesy of the Los Angeles Intellectual Property Trademark Attorney Blog, which wrote about a trademark and copyright infringement lawsuit by the Bagdasarian Productions, LLC ? the company which owns the intellectual property associated with ?Alvin and the Chipmunks? ? against a company putting out an unlicensed chipmunk ?tribute? album by the so-called ?Chipper Three...

Eleventh Circuit remands district court decision on attorneys fees for successful defendant

Posted on December 05, 2008
For those following the long running trademark infringement saga between Welding Services, Inc. (?WSI?) and Welding Technologies, inc. (?WTI?), the Eleventh Circuit decided last year that there was no likely confusion between the stylized WSI logo and the stylized WTI logo for welding services and affirmed the district court?s summary judgment in favor of WTI...

Monster Mini-Golf uses eBay to raise money for defense against Monster Cable trademark infringement lawsuit

Posted on December 03, 2008
Techdirt has an interesting article (link here) about a small mini-golf course in Rhode Island that goes by the name Monster Mini Golf that has been embroiled in a trademark infringement lawsuit with Monster Cable Products, Inc. ? the company behind ?Monster? cables and which is well-known for filing trademark infringement lawsuits against other small companies in the U...

Chippendales Fight Over the Inherent Distinctiveness of Famed ?Cuffs & Collars? Uniform

Posted on December 01, 2008
Ron Coleman?s Likelihood of ConfusionŽ beat me to the trademark blog punch with his analysis (link here) of the ex parte appeal filed by the owner of the intellectual property behind the famed Chippendales dancers appealing the USPTO?s final refusal to register its ?unique? apparel configuration (pictured below) as a trademark for "adult entertainment services, namely exotic dancing for women in the nature of live performances" on the basis that the trade dress not inherently distinctive...

New York District Court Denies MGM Mirage's Motion to Dismiss MONTE CARLO Lawsuit

Posted on November 26, 2008
I previously wrote (link here) about the long-running and contentious dispute between Société des Bains de Mer et du Cercle des Etrangers ŕ Monaco (?SBM?), the owner of Le Casino de Monte-Carlo (pictured above), and MGM Mirage, Inc. (?MGM Mirage?) and its subsidiary, Victoria Partners, L...

Taco Bell's Answer to 50 Cent's Trademark Infringement Lawsuit

Posted on November 21, 2008
Yo Yo Yo No Quiero Taco Bell !The trademark infringement story du jour on Thursday was the Answer filed by Taco Bell in the trademark infringement lawsuit filed by Curtis James Jackson, III (better known as the rapper 50 Cent) on July 23, 2008. See Jackson v...

Gallup Survives Motion to Dismiss in Trademark Infringement Lawsuit Against Gallup Pakistan

Posted on November 19, 2008
Gallup, Inc. (?Gallup?), the organization famous for its surveys and public opinion polls, filed a trademark infringement and trademark dilution lawsuit in March against Business Research Bureau and Ijaz Shafi Gilani (the ?Defendants?) over the use of the mark GALLUP...

Jones Day Lives to Fight Another Day In Trademark Infringement Lawsuit Against Blockshopper

Posted on November 18, 2008
Those liberal pleading rules have allowed Jones Day to survive a Motion to Dismiss Under Rule 12(b)(6) for Failure to State a Claim with respect to its trademark infringement lawsuit against BlockShopper, a website which collects publicly available information on real estate transactions, for identifying two law firm associates (Dan Malone and Jacob Tiedt) who purchased some expensive condos as being employed by ?Jones Day? and linking their names to their Jones Day website bios...

Article Highlights Intel?s Aggressive Trademark Enforcement

Posted on November 15, 2008
Back in July, I highlighted (link here) an opposition filed Intel against a company that was seeking to register the mark INTELLEQUITY (an opposition which is still pending with the parties continuing to extend the time for the applicant to answer while the parties engage in settlement discussions)...

Fractional Villas Files Trademark Infringement Lawsuit Against Competing Fractional Ownership Company

Posted on November 14, 2008
On November 12, 2008, Fractional Villas, Inc. (?FVI?) filed a trademark infringement lawsuit against LVPalmsplace, LLC and Las Vegas residents Yvonne Milko and Janet Armkenect (?Defendants?) in the U.S. District Court for the Southern District of California...

First Amendment Protects Grand Theft Auto from Strip Club?s Trademark Infringement Lawsuit

Posted on November 11, 2008
Much has already been written about the Ninth Circuit?s decision in E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc., Case No. 06-56237 (9th Cir. Nov. 5, 2008) finding that the First Amendment protected the makers of the video game Grand Theft Auto from trademark infringement claims brought by the owner of the Los Angeles strip club ?Play Pen? over a depiction of a fictional strip club named ?Pig Pen? in the video game...

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