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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

The Naked Cowboy Settles Trademark Infringement Lawsuit with Mars Incorporated

Posted on November 08, 2008
I?ve previously written (here and here) about the trademark infringement lawsuit filed by Robert Burck, better known as ?The Naked Cowboy,? against Mars Incorporated, the maker of M&Ms candies, over an M&M ad featuring a cartoon M&M guitar-playing street performer wearing a cowboy hat, boots, and underwear ? all reminiscent of Burck?s alter ego...

Tabasco Maker Sues Sailboat Charter Business For Trademark Infringement

Posted on November 06, 2008
As an avid user of TabascoŽ sauce, I relish any opportunity to write about my favorite hot sauce and its famous (although some would say infamous) trademark. I previously wrote about the controversial history of the TabascoŽ trademark here.On November 4, 2008, McIlhenny Company (?McIlhenny?), the owner of the famed TABASCOŽ brand, filed a lawsuit against an individual named Colby D...

Sprinkles Cupcake Denied Preliminary Injunction Against Famous Cupcakes (On Technical Grounds)

Posted on November 04, 2008
I previously wrote (link here) about the trademark infringement lawsuit filed by California cupcake maker Sprinkles Cupcakes against rival cupcake maker Famous Cupcakes over Sprinkles? registered "nested circle design" for "bakery goods." The news reports out yesterday (link here) report that U...

Hershey Wins TRO Against Furniture Company Based On Trade Dress Dilution

Posted on October 30, 2008
Hat Tip to Marty Schwimmer for posting the complaint filed by Hershey Company (?Hershey?) against Art Van Furniture (?Art Van?), a Michigan furniture company over its use of the above picture on its furniture trucks as well as the somewhat surprising decision by the court to grant a temporary restraining order on the basis of dilution...

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Sarasota Realtor?s MLS Domain Name Transferred by Network Solutions Despite Filing of Lawsuit

Posted on October 28, 2008
I previously blogged (here) about the lawsuit filed by Sarasota Realtor Marc Rasmussen in an effort to keep his domain name http://www.thesarasotamls.com/ following a split decision by an arbitration panel which ordered his domain name to be transferred to the Sarasota Association of Realtors (?SAR?)...

Las Vegas Sun Article Highlights MONGOLS Trademark Seizure and Controversy

Posted on October 24, 2008
As a follow-up to my own blog writeup yesterday (link here), Las Vegas Sun reporter Abigail Goldman wrote a nice article (and I'm not just saying that because yours truly is quoted therein) that ran in today's Las Vegas Sun (link here) about the U.S. Government's seizure of the MONGOLS trademark earlier this week and controversial plan to begin seizing any clothing bearing such mark...

Court Orders Mongols To Give Up Clothing Bearing Government Seized Trademark

Posted on October 23, 2008
The trademark story du-jour was the decision by a California district court judge to issue an broad injunction order which essentially prevents members of the Mongols Motorcycle Club ("Mongols") from wearing any clothing bearing the Mongols? trademarked logo...

American Airlines Pursues Another Trademark Infringement Lawsuit Over Keywords

Posted on October 22, 2008
Eric Goldman writes on his Technology & Marketing Law Blog about the new lawsuit filed by American Airlines against Yahoo! And Overture (dba Yahoo Marketing Services) over ?keyword? advertising. See American Airlines, Inc. v. Yahoo! Inc. et al, Case No...

Budweiser wins preliminary injunction against Buttwiper dog toy

Posted on October 21, 2008
Anheuser-Busch, Inc. (?Anheuser-Busch?), the famed brewer of ?Budweiser? beer, brought a lawsuit for trademark infringement, unfair competition, and trademark dilution against VIP Products LLC (?VIP?) over VIP?s beer bottle-shaped dog squeeze toy called ?Buttwiper...

Sarasota REALTOR Files Federal Lawsuit To Keep MLS Domain Name

Posted on October 17, 2008
Inman New ran an article yesterday (link here) about a Sarasota real estate agent who filed a federal lawsuit in the U.S. District Court in for the Eastern District of Virginia in September in order to keep his domain name www.thesarasotamls.com. See Rasmussen v...

Producer of ?Little House on the Prairie? Sues Kansas Museum for Trademark Infringement

Posted on October 15, 2008
Several news outlets reported yesterday (here and here) on the lawsuit filed in the U.S. District Court for the Central District of California by Friendly Family Productions, LLC (?Friendly?) ? the production company behind the NBC television series Little House on the Prairie ? against Little House on the Prairie Inc...

Cosmopolitan Loses "Reverse" Cybersquatting Claim But Trademark Infringement Claims Move On

Posted on October 13, 2008
I?ve previously written (here and here) about the lawsuits filed by 3700 Associates, LLC (?3700 Associates?) ? the owner of the troubled (but still under construction) ?The Cosmopolitan Resort & Casino? condo-hotel project in Las Vegas, Nevada ? against a Florida domainer in a case that epitomizes reverse cybersquatting while at the same time exploring the boundaries of trademark law by claiming that a ?web directory? website (those websites featuring a multiple click-through links) constitutes use in commerce for purposes of causes of action for trademark infringement and unfair competition (click here for previous blog entry on this type of trademark infringement litigation)...

The Epic Battle Over the Patsy's Restaurants Comes To A Bitter (but Fair) End

Posted on October 10, 2008
I previously wrote (link here) about the long running dispute between Patsy's Pizzeria and Patsy's Italian Restaurant in New York City. On September 9, 2008, U.S. Magistrate Judge Ramon E. Reyes, Jr. issued a 72-page decision dealing with a flurry of post-verdict motions filed by each of the parties following the jury verdict earlier this year which found there was a likelihood of confusion between the two names...

In the trademark world, its all about timing.

Posted on October 08, 2008
As noted by Marty Schwimmer's Trademark Blog, it didn't take long for some enterprising individual to turn John McCain's questionable choice of words in reference to Barack Obama at last night's second Presidential debate into what could turn into a nice little business (for a few news cycles anyway)...

Plaza Hotel & Casino loses lawsuit to stop Plaza Las Vegas

Posted on October 08, 2008
I previously wrote (link here) about the lawsuit between Tamares Group (?Tamares?) ? the owner of the Plaza Hotel & Casino in Downtown Las Vegas ? against the El-Ad Group, Ltd. (?El-Ad?), the owner of New York?s famed ?Plaza Hotel? over the rights to the name ?Plaza? for a hotel-casino in Las Vegas...

Ron Riley Responds to Dozier Internet Law with Declaratory Judgment Action

Posted on October 06, 2008
I previously wrote (link here) about the ?trademark infringement? lawsuit filed by Dozier Internet Law PC which essentially was a diatribe against well-known ?patent expert? Ronald Riley (along with various other arguably-defamatory comments protected, of course, from claims of defamation by the litigation privilege) with some weak allegations of trademark infringement thrown in at the end which were directed at shutting down Riley?s Dozier-gripe site www...

Master P Sued by Pepe Jeans over ?P?

Posted on October 03, 2008
A London jeans company named Pepe Jeans London LLC has filed a trademark infringement in the U.S. District Court for the Southern Distirct of New York against Percy Miller, Inc., the company through which famed gangsta rapper turned mulit-millionaire businessman Master P (real name Percy Miller) is producing his P...

Exclusive Licensee of Red October Candy Loses Trademark Infringement Lawsuit Against Importer

Posted on October 01, 2008
An appropos court decision to start off this first day of October.A New York district court has ruled against a U.S. importer of several well-known Russian candy brands who sued a competitor importing the same candy brands for trademark infringement. The court concluded that the company lacked standing to sue for registered trademark infringement and concluded that the importer?s sale of goods, because they were genuine goods, were protected by the exhaustion doctrine from claims of false designation of origin...

Ninth Circuit Decision Broadens Scope of Civil Penalty for Counterfeit Goods Bearing Registered Trademarks

Posted on September 29, 2008
The Ninth Circuit concluded that U.S. Customs can impose a civil penalty on importers who import merchandise bearing a counterfeit mark of a registered trademark even though the owner of the registered mark does not manufacture or sell the same type of merchandise imported...

Pennsylvania Law Firm Sues Domainer Company Using Firm?s Name to Host Web Directory Sites

Posted on September 26, 2008
On September 22, 2008, the Pennsylvania law firm of Hourigan, Kluger & Quinn, P.C. (?HKQ?) filed a trademark infringement and cybersquatting lawsuit in the U.S. District Court for the Middle District of Pennsylvania against Domain Discreet, a Canadian company (based on its phone number since its whois record lists an address in the remote Portugal island of Madeira) in the business of domaining (buying and selling domain names like real estate - its inventory of domain names reportedly is in excess of 300,000 domain names and growing)...

Jones Day Continues War on Free Speech by Opposing Amicus Brief in Trademark Infringement Lawsuit Against Blockshopper

Posted on September 25, 2008
Paul Alan Levy provides an update (link here) on the Opposition filed by Jones Day opposing the Motion for Leave to File the Amicus Curiae Brief in Support of Blockshopper.com?s Motion to Dismiss filed by Public Citizen, the Electronic Frontier Foundation, Public Knowledge and Citizen Media Law Project (a brief that has received overwhelming praise among the trademark law community ? its impact evident by Jones Day?s quick action to exhaust any effort to prevent its consideration by the court)...

Wine and Dine Corporation Files (and then Withdraws) $250 million Cybersquatting Lawsuit

Posted on September 22, 2008
This lawsuit makes you wonder ?What do you think really happened??On September 19, 2008, Wine and Dine Corporation filed a $250 million lawsuit against MDNH, Inc., Marchex, Inc. and Brendhan Hight in the U.S. District Court for the District of Nevada...

Weight Watchers Sues Campbell Soup Over Weight Watcher?s POINTS

Posted on September 19, 2008
On September 16, 2008, Weight Watchers International, Inc. (?WWI?) filed a trademark infringement lawsuit against Campbell Soup Company (?Campbell?) in the U.S. District Court for the Southern District of New York. See Weight Watchers International, Inc...

UW settles its trademark infringement lawsuit with Washburn over ?Motion W? mark

Posted on September 18, 2008
I previously wrote (link here) about the trademark infringement lawsuit by the Board of Regents of the University of Wisconsin System (the ?UW?) against Washburn University (?Washburn?) over the latter?s use of a W logo (pictured below) which UW claimed infringed on its so-called Motion ?W? registered trademark (pictured above)...

Seventh Circuit reignites AutoZone's trademark infringement claims against OilZone and WashZone

Posted on September 17, 2008
The Seventh Circuit reversed a district court?s decision finding no likelihood of confusion as a matter of law between the large automotive parts retailer AutoZone and an Illinois businessman, Michael Strick, doing business under the service marks Oil Zone and Wash Zone...

Jones Day (Ab)Using Trademark Infringement Lawsuit To Stop Website From Posting Publicly Available Information

Posted on September 16, 2008
I admit that I missed this big trademark story when it was publicized last week.In short, BlockShopper is a website which collects publicly available information on real estate transactions in Chicago, South Florida, Las Vegas, and St. Louis. For certain transactions, the website then goes one step further by linking that information with other publicly available information (e...

Frozen Yogurt Chain Pinkberry Goes After Fro-Yo Competitor Yogiberry

Posted on September 12, 2008
The Maryland Daily Record had an article the other day (link here) on the trademark infringement lawsuit filed in the U.S. District Court of the District of Maryland by Pinkberry, Inc., the company behind the Los Angeles based frozen yogurt chain, against Yogiberry, Inc...

Self-Described Patent Expert Ronald Riley Sued for Trademark Infringement

Posted on September 10, 2008
This is one of those stories that intertwines the worlds of patents, copyrights, and trademarks.Those in the patent world, especially those who follow the subject of patent law reform, know the name Ronald Riley. Riley, who describes himself as an inventor, entrepreneur, patent consultant, and independent inventor advocate, is well known for his comments about the patent system, patent reform, and lawyers representing inventors and large companies (click here for a blog that has chronicled some of Riley's more controversial comments among blogs and other online forums)...

Second Circuit Affirms District Court?s Denial of Relief to General Cigar in COHIBA trademark dispute

Posted on September 08, 2008
As I previously blogged about here, General Cigar and Cubatabaco have been involved in a contentious trademark battle since 1997 over ownership rights to the mark COHIBA for cigars. Cubatabaco filed a cancellation proceeding against General Cigar over the registered mark COHIBA...

Nuvio and Garmin settle trademark dispute over NÜVIFONE

Posted on September 06, 2008
I previously wrote (link here) about the lawsuit between internet telephone company Nuvio Corp. (?Nuvio?) and GPS maker Garmin Ltd. (?Garmin?) over Garmin?s planned sale of the NÜVIFONE phone.The parties apparently reached a confidential settlement and the lawsuit was dismissed earlier this week (Forbes...

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