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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

Hearts on Fire Sues Blue Nile in another sponsored link ?adword? trademark dispute

Posted on June 27, 2008
On June 20, 2008, Hearts on Fire Company, LLC (?HOF?), the company behind the ?Hearts On Fire? diamond (a/k/a The World's Most Perfectly Cut Diamond) (pictured above), filed a trademark infringement lawsuit against Blue Nile, Inc. (?Blue Nile?), an online retailer of certified diamonds and jewelry, in the U...

Partial Victory for The Naked Cowboy in lawsuit over M&M cartoon ad

Posted on June 25, 2008
I?m a few days late on the district court decision (news reports here, here, and here) by Judge Denny Chin of the U.S. District Court for the Southern District of New York dismissing in part the lawsuit filed by Robert Burck (a/k/a ?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...

Court denies motion to dismiss Full Sail University?s lawsuit against Texas International Property Associates over its click-through web directory

Posted on June 23, 2008
On June 17, 2008, United States District Judge Joe Fish of the Northern District of Texas refused to dismiss a trademark infringement lawsuit brought by Full Sail, Inc. (?FSI?) against Dauben, Inc. (d/b/a Texas International Property Associates) (?TIPA? or ?Dauben?) arising from Dauben?s registration of the domain name FULLSAILUNIVERSITY...

First Circuit Reverses Lower Court Injunction in the Boston ?Duck Tours? Battle

Posted on June 19, 2008
In a lengthy opinion by the First Circuit Court of Appeals, the court of appeals reversed a district court?s decision granting a preliminary injunction in favor of Boston Duck Tours LP (?Boston Duck?) enjoining Super Duck Tours, LLC (?Super Duck?) from using the term ?duck tour? in its name and using a logo of a duck after finding that the district court committed clear error in finding the phrase ?duck tour? to be non-generic for such sightseeing tours, and thereby according it too much weight in its likelihood of confusion analysis...

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Las Vegas? Cosmopolitan Resort & Casino gets a taste of its own trademark medicine

Posted on June 17, 2008
I?ve previously written on the flurry of trademark infringement lawsuits filed by 3700 Associates, LLC (?3700 Associates?) ? the developer of the troubled Cosmopolitan Resort & Casino in Las Vegas ? against various named defendants (link here), including one prior post (link here) discussing reverse cybersquatting claims against 3700 Associates arising from one of its first cybersquatting lawsuits filed in Nevada which was dismissed for lack of jurisdiction, but subsequently refiled in Florida...

Eleventh Circuit Decision Highlights Importance of Expeditious Prosecution of Trademark Applications

Posted on June 16, 2008
Rebecca Tushnet?s 43(B)log has a good summary (link here) of the Eleventh Circuit Court of Appeals decision in Natural Answers, Inc. v. SmithKline Beecham Corp., Case No. 06-15084 (11th Cir. June 13, 2008) affirming a lower court?s decision granting summary judgment in favor of SmithKline Beecham, the maker of a stop-smoking lozenge named Commit Lozenges, and rejecting trademark infringement and false advertising claims brought by Natural Answers, which at one time sold a stop-smoking lozenge under the name HERBAQUIT...

MGM?s ?The Signature? Condo-Hotel goes after unit owner for trademark infringement

Posted on June 12, 2008
On June 20, 2008, MGM Grand Hotel, LLC (?MGM?) and Signature Condominiums, LLC (?Signature? and together with MGM, the ?Plaintiffs?) filed a trademark infringement lawsuit in the U.S. District Court for the District of Nevada against an individual named Jarrett Curd...

Apple and Podfitness settle trademark infringement dispute over Apple?s IPOD

Posted on June 12, 2008
Looks like Podfitness, Inc. (?Podfitness?) wasn?t fit enough to continue to battle with the almighty Apple, Inc. (?Apple?) and its famed IPOD trademark. Podfitness was sued by Apple on September 21, 2006, for various trademark related causes of action including registered trademark infringement, federal unfair competition, federal dilution, trade dress infringement, cybersquatting, and related state law claims arising from Podfitness? use of certain ?POD? marks, including PODFITNESS, PODFITNESS...

Starbucks fails again to defeat ?Mister Charbucks? even under amended federal dilution law

Posted on June 09, 2008
A district court decision has once again concluded that a family-owned roastery in New Hampshire can sell it dark coffee blend under the name ?Mister Charbucks? or ?Mr. Charbucks?Starbucks Corp., the nation's largest coffee retailer, had filed a lawsuit against Wolfe?s Borough Coffee, Inc...

Battle of the Wolfgangs Part II ? The ?other? Wolfgang Strikes Back

Posted on June 06, 2008
I previously wrote here about the lawsuit filed by Wolfgang Puck against Wolfgang Zwiener over the latter?s use of the name ?Wolfgang?s Steakhouse by Wolfgang Zwiener? in connection with Zwiener?s recently opened Beverly Hills steakhouse which is close in proximity to Puck's own Beverly Hills steakhouse restaurant, Cut...

Sweet Leaf Tea files declaratory judgment of noninfringement against maker of SweetLeaf Stevia sweetener

Posted on June 04, 2008
The Austin Business Journal ran an article today (link here) on a lawsuit filed by the Sweet Leaf Tea Company (?Sweet Leaf Tea?), a producer of a line of ready-to-drink teas marketed under the name Sweet Leaf Tea, against United American Industries, Inc...

Tenth Circuit affirms dismissal of trademark infringement lawsuit by LDS Church critic against parody website

Posted on June 03, 2008
The Tenth Circuit Court of Appeals affirmed a lower court decision denying claims of trademark infringement, unfair competition, and cybersquatting by an organization critical of the Church of Jesus Christ of Latter-day Saints (LDS Church). See Utah Lighthouse Ministry v...

Trademark Battle Between the Wolfgangs

Posted on May 30, 2008
BusinessWeek ran an article today (link here) in the Small Biz section of its website written by Stacy Perman entitled ?Wolfgang Puck vs. Wolfgang Zeiener? discussing the recent trademark infringement lawsuit filed by Wolfgang Puck in Los Angeles Superior Court against Wolfgang Zwiener, the owner of ?Wolfgang?s Steakhouse by Wolfgang Zwiener...

U.S. Supreme Court denies Rosenruist-Gestao Petition for Writ of Certiorari

Posted on May 27, 2008
The U.S. Supreme today denied the petition for writ of certiorari filed by Rosenruist-Gestao E Servicos LDA in its appeal of the Fourth Circuit?s decision holding that a foreign corporation (Rosenruist-Gestao) can be compelled to answer a Rule 30(b)(6) deposition subpoena issued pursuant to 35 U...

District Court finds ?Victor?s Little Secret? likely to tarnish, but not blur, the famous VICTORIA?S SECRET mark under the TDRA

Posted on May 24, 2008
For trademark practitioners, the words ?Victor?s Little Secret? means so much. This particular mark, used by Victor and Cathy Moseley over eight years ago as the name of their Elizabethtown, Kentucky adult retail store, led to a trademark battle with Victoria?s Secret (?V Secret?) that went all the way up to the U...

Computer Company Sues Apple and CBS over MIGHTY MOUSE computer mouse

Posted on May 21, 2008
On March 20, 2008, Man & Machine, Inc. (?M&M?), a Maryland-based computer accessories provider, filed a trademark infringement lawsuit Apple, Inc. (?Apple?), CBS Corporation, and CBS Operations Inc. (?CBS Operations?) over the word mark MIGHTY MOUSE to identify a computer mouse...

Is a trademark battle brewing over KNUT?

Posted on May 19, 2008
There is an interesting trademark battle possibly brewing for fans of the famed polar bear cub KNUT (pictured above).Knut was born at the Berlin Zoo in December 2006. After Knut was born, Knut?s mother rejected and abandoned the newly born cub. The Berlin Zoo had not had a polar bear cub survive past infancy in more than 30 years, so zookeepers opted to raise him...

American Red Cross receives relief from Johnson & Johnson trademark lawsuit

Posted on May 17, 2008
The New York Times reported today (link here) on the federal court decision late Wednesday in the trademark infringement lawsuit between Johnson & Johnson (?J&J?) and the American National Red Cross (?ARC?) over the famous "Red Cross" symbol. See Johnson & Johnson v...

PTO revises proposed rules for Requests for Reconsideration of a Final Office Action in Trademark Cases

Posted on May 14, 2008
On April 28, 2008, the U.S. Patent and Trademark Office ("PTO") withdrew its previous proposal (link here) to amend the Rules of Practice in Trademark Cases to require a request for reconsideration of an examining attorney?s final refusal to be filed through the PTO?s Trademark Electronic Application System (??TEAS??) within three months of the mailing date of the final action...

XS v. SX -- Another Energy Drink Battle

Posted on May 13, 2008
This is one of those trademark applications where at first I?m a little surprised the PTO even allowed it to be published for opposition, but then once you know how the PTO searched for conflicting marks, it becomes a little more obvious ? and underscores the importance of the trademark opposition process...

Las Vegas Trademark Attorney Moving to the Las Vegas Intellectual Property Law Firm of Weide & Miller, Ltd.

Posted on May 09, 2008
I am pleased to announce that, effective Monday, May 12, 2008, I will be joining the Las Vegas intellectual property law firm of Weide & Miller, Ltd.Weide & Miller is a full-service intellectual property law firm which prides itself on providing quality legal services in all areas of intellectual property law at affordable rates compared to other large intellectual property law firms...

Battle of "The Rat Pack" Tribute Shows

Posted on May 08, 2008
On May 7, 2008, TRP Entertainment, LLC (?TRP?) filed a trademark infringement lawsuit in the U.S. District Court for the District of Nevada against BC Entertainment, Inc. (?BCE?), Barrie Cunningham, and Ian Hammer (the ?Defendants?). See TRP Entertainment, LLC v...

Exclusive Licensee of ?Rush? Merchandise Rushes to Court to Stop Counterfeiters

Posted on May 07, 2008
On May 1, 2008, a company named Showtech Merchandising, Inc. filed a trademark infringement lawsuit in Nevada District Court against various John Does, Jane Does, and ABC Company. See Merchandising, Inc v. Various John Does, et al, Case. No. 08-cv-00232 (D...

Terraserver sues Microsoft for trademark infringement over Terraserver-USA.com

Posted on May 05, 2008
I?m a little surprised this lawsuit has not received much press yet.On May 1, 2008, Terraserver.com Inc. (?Terraserver?) filed a trademark infringement lawsuit in the U.S. District Court for the Eastern District of North Carolina against Microsoft Corporation (?Microsoft?)...

Barkstrong bites back at Lance Armstrong Foundation over yellow pet collars

Posted on May 03, 2008
Remember BARKSTRONG? The company, through its website http://www.barkstrong.net/, raises money for animal charities by selling yellow pet collars bearing the words BARKSTRONG and PURRSTRONG. In September 2007, the Lance Armstrong Foundation filed a lawsuit in the U...

Owner of ISOFITNESS� exercise system files trademark infringement lawsuit in pro per

Posted on May 02, 2008
I previously wrote (link here) about a pro se plaintiff who filed a trademark infringement lawsuit against MySpace. On April 28, 2008, another trademark owner, Greg Kelly, filed in pro per a trademark infringement lawsuit in the U.S. District Court for the District of Nevada against Tom Morris, Marsha Morris and TM Wellness Inc...

Juicy Couture sues Victoria?s Secret for trademark and trade dress infringement

Posted on April 29, 2008
I previously wrote (link here) about the efforts by Juicy Couture Inc. (?Juicy Couture?), the owner of the mark JUICY (most often recognized on the back side of a skintight terrycloth sweatpants) to stop the owner of the Juicy Campus website from selling clothing emblazoned with the name ?Juicy Campus...

What are the differences between a trademark, service mark, certification mark, collective mark, trade dress, and trade name?

Posted on April 28, 2008
I am asked the questions often enough that their answers are worthy of a blog post.TrademarkA ?trademark? is any word, name, symbol, or device, or any combination thereof, used by a party to identify and distinguish its goods from those manufactured or sold by others and to indicate the source of the goods (even if that source is unknown)...

Finding expert witnesses for trademark cases

Posted on April 25, 2008
Michael Atkins offers some excellent advice on his Seattle Trademark Lawyer blog about finding expert witnesses for trademark cases.One popular online source is the online expert witness directory JurisPro. Other expert witness websites listing the credentials of various trademark experts include ALMExperts...

Federal court judge supports Domino?s Pizza?s right to sell Brooklyn Style Pizza

Posted on April 24, 2008
On April 21, 2008, a U.S. Magistrate Judge for the Eastern District of Texas issued his report and recommendations recommending that the district court grant a motion for summary judgment filed by Domino?s Pizza (?Domino's?) in a trademark infringement lawsuit brought by The Great American Restaurant Company (?Pizzeria?) over Domino?s use of the name ?Brooklyn Style Pizza...

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