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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

Local Las Vegas companies in a trademark feud over ?Appliance Doctor?

Posted on October 08, 2009
The Las Vegas Sun ran a story today (link here) about a dispute between two appliance repair businesses in the Las Vegas valley using the name ?Appliance Doctor? to identify their businesses. Samuel and Mary Gravino, the owners of Applicance Doctor LLC, filed a lawsuit on Tuesday in Clark County District Court against a company operating as ?The Appliance Doctor of Las Vegas? owned by Ken and Melissa Jagmin...

Nevada District Court rules that ?The Rat Pack? is Generic in connection with ?Rat Pack? tribute shows

Posted on October 01, 2009
I previously posted (link here) about the trademark infringement lawsuit brought by TRP Entertainment, LLC (?TRP?) ? the production company behind the ?Rat Pack? tribute show ?The Rat Pack is Back? playing at the Plaza Hotel and Casino in Downtown Las Vegas and which owns the registered trademark for THE RAT PACK IS BACK ? against BC Entertainment, Inc...

Potential Buyer of ?Crazy Horse Too? Strip Club Wants ?Crazy Horse 3? To Change Its Name

Posted on September 25, 2009
How many times has a client wanted to buy a strip club that was seized by the federal government as part of a racketeering and tax evasion investigation into the club?s owner -- Rick Rizzolo, who had reputed ties to organized crime families -- but was worried that the ?reputation and goodwill? (those in Las Vegas will understand why I put those words in quotes) of the club would be diluted by another strip club that opened up in the meantime by a third party using a similar mark to identify its strip club? (I know, another one of those cases)...

Fish & Richardson Files Foreclosure Action to Let the World Know ?Who?s Your Daddy?

Posted on September 15, 2009
Fish & Richardson, the powerhouse intellectual property law firm, filed an action in federal district court against Who's Your Daddy, Inc. (?WYD?) in order to foreclose on security interests the firm obtained on several trademark registrations owned by WYD for the mark WHO?S YOUR DADDY (including their apparent signature product, energy drinks, as well as for such products as cosmetics, jewelry, sunglasses and CDs, and ?adult sexual aids?) See Fish & Richardson, P...

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Blogging Hiatus

Posted on September 05, 2009
As regular readers have probably noticed, I have not been posting as frequently or as substantively lately. Pre-trial work on top of all of the usual ongoing client matters that arise on a daily basis has been the major cause of the slowdown.And with a trial beginning the day after labor day that is scheduled to last several weeks as well as various other upcoming court filing deadlines, the slowdown is certainly going to continue throughout most of the month of September...

Federal Circuit Clarifies Trademark Fraud

Posted on September 01, 2009
In what will certainly be the most talked about court decision of 2009 for trademark practitioners, the Federal Circuit reversed the Trademark Trial and Appeal Board?s decision in Bose Corp. v. Hexawave, Inc., 88 USPQ2d 1332 (T.T.A.B. 2007), which found that Bose had committed fraud when it filed a renewal for goods that it no longer sold under the mark WAVE...

Another example of what happens when you don?t consult a trademark attorney

Posted on August 27, 2009
I stumbled across five interesting intent-to-use trademark applications today for the following marks: KING OF POP NEVERLAND BILLIE JEAN MOONWALK THE JACKSON THREE Each of the applications, filed in July, recite 13 different classes of goods ? each of which consists of a laundry list of goods in that class...

Ninth Circuit Tackles Trademark Tacking in ?O'? Trademark Dispute

Posted on August 26, 2009
The Ninth Circuit addressed the unique issue of trademark tacking in affirming a lower court?s decision on a trademark lawsuit between two companies that produce clothing aimed towards participants of motor cross racing. See One Industries, LLC v. Jim O?Neal Distributing, Inc...

Anytime Fitness Sues Las Vegas Franchisee

Posted on August 21, 2009
On August 20, 2009, Anytime Fitness, Inc. (?Anytime Fitness?) filed a lawsuit in Minnesota Federal District Court against Las Vegas residents Lawrence Fagan and Linda Fagan and several of their Nevada limited liability companies (Rainbow Fitness, LLC; Fort Apache Fitness, LLC; and Blue Diamond Fitness, LLC) for breach of contract and trademark infringement...

Arnold Sues Sara Lee Over SANDWICH THINS

Posted on August 19, 2009
Arnold Products, Inc. (?Arnold?), a company known for its premium bread products (and which is part of the Bimbo Bakeries USA company), filed a trademark infringement lawsuit against Sara Lee Corporation (?Sara Lee?) in the U.S. District Court for the Southern District of California...

ICAAN Delivers Death Knell to Domain Tasting

Posted on August 14, 2009
ARS Technica reports on the ?end of domain tasting? after the implementation of ICAAN?s most recent excessive cancellation penalty of $6.75 per withdrawn domain name. ICAAN?s report on the results of its new policy can be downloaded here.

Not-so-wise trademark application for WISE LATINA

Posted on August 10, 2009
It never ceases to amaze me how events in the news will drive enterprising individuals to file for trademark protection on some phrase that has captured the public's attention with visions of grandeur of having an exclusive monopoly on said phrase (typically in connection with using the phrase on a t-shirt)...

Pepsi Loses Motion for Preliminary Injunction Against Coke?s Energy Drink Ads

Posted on August 06, 2009
I previously wrote (link here) about the false advertising lawsuit filed in U.S. District Court for the Southern District of New York by Stokely-Van Camp, Inc. (owned by Quaker Oats which is controlled by PepsiCo Inc.) ? the maker of the Gatorade energy drink ? against The Coca-Cola Co...

Court Preliminarily Enjoins U.S. Government's Seizure of Items Bearing MONGOLS Membership Mark

Posted on August 04, 2009
Pamela Chestek?s Property, Intangible blog provides an update on the Mongols trademark saga (previously blogged here) that dominated the headlines last October when, after the government seized the registered collective membership mark MONGOLS as part of a U...

Woman Sues Sirius-XM over SUNDAY BAROQUE

Posted on July 31, 2009
The Connecticut Post reports (link here) on the trademark infringement lawsuit filed by an Ohio woman named Suzanne Bona-Hatem against satellite radio company Sirius-XM over the use of the mark SUNDAY BAROQUE for a radio music show featuring guess what kind of music which can be heard on guess what day of the week?Bona-Hatem?s ?Sunday Baroque? show is a four-hour syndicated Sunday morning program which is broadcast to over 90 stations and heard in over 30 states to an audience of 2...

AAA loses UDRP action to obtain AAA.net

Posted on July 29, 2009
DomainNameWire reports on the UDRP divided panel decision denying the request by the American Automobile Association, Inc. (?AAA?) to obtain the domain name www.aaa.net. (HT: DefendMyDomain.com). See The American Automobile Association, Inc. v. QTK Internet c/o James M...

New York Federal Court Grants Preliminary Injunction in JAPONAIS Trademark Dispute

Posted on July 24, 2009
I have previously written (link here) about the ongoing dispute between Roy Tuccillo and Geisha NYC, LLC (?Geisha NYC?) over the restaurant name ?Japonais? (the ?JAPONAIS mark?). In short, Geisha first opened its ?Japonais? restaurant in Chicago in 2003...

Las Vegas Tropicana Hotel & Casino Files Nevada State Court Declaratory Relief Action to Keep Using the TROPICANA Name

Posted on July 22, 2009
Las Vegas Sun reporter Steve Green reports (link here) on the brewing internal battle over the TROPICANA name.It is a complicated story arising from the bankruptcy and reorganization of the company that owned Tropicana casinos in Las Vegas, Atlantic City, and throughout the United States and involving the competing interests of two different credit facilities...

Incorp Services Sues Nevada Corporate Services for False Advertising

Posted on July 20, 2009
I previously wrote (link here) regarding the lawsuit filed by Incorp Services, Inc., (?Incorp?), a corporate formation company which also offers registered agent services for business entities nationwide, against Legalzoom.com over some allegedly false statements being made by Legalzoom representatives about Incorp?s registered agent services...

Wynn Resorts Files Declaratory Judgment Action Over XS

Posted on July 14, 2009
On July 13, 209, Wynn Resorts Holdings, LLC (?Wynn Resorts?), the sole member of Wynn Las Vegas, LLC, which owns and operates the Wynn Las Vegas casino hotel and resort, filed a declaratory judgment action against NYLO Hotels, LLC (?NYLO?), in the U.S...

Rosetta Stone Files Adword Infringement Lawsuit Against Google

Posted on July 13, 2009
After going after several third parties for purchasing Rosetta Stone?s trademarks as Google Adwords (see prior blog posts here and here), Rosetta Stone decided to go straight to the source and join the bandwagon of Google Adword trademark infringement lawsuits by filing its own action against Google in Virginia District Court over Google?s use and sale of Rosetta Stone?s trademarks as Google Adwords to third parties...

Mary Kay Cosmetics Sues Yahoo Over ?Yahoo Shortcuts? Feature In E-mails

Posted on July 09, 2009
Both Mediapost and TheDomains have stories today about the trademark infringement filed by Mary Kay Cosmetics against Yahoo. See Mary Kay Inc. v. Yahoo! Inc., Case No. 09-cv-01278 (N.D. Tex. July 6, 2009).The crux of the complaint is over the ?Yahoo Shortcut? feature of Yahoo?s e-mail services whereby certain keywords in a particular user?s yahoo e-mail are highlighted and by scrolling the cursor over the text of the keywords a pop-up window appears which contains the search results generated by that particular term as searched through various types of integrated searches including Yahoo?s basic web search, HowStuffWorks...

Las Vegas Review Journal Article Spotlights Local Man?s Trademark Battle in England

Posted on July 07, 2009
This makes two posts in a row regarding trademark battles outside of the United States.The Las Vegas Review Journal ran a story today (link here) about Las Vegas exporter Panch Prasad whose company, U.S. International Trading Corp., is the owner of the DuBarry brand of cosmetics which it purchased in 1997...

James Bond fails again to defeat DR. NO European Union trademark application

Posted on July 06, 2009
While my primary focus is typical on news and decision related to U.S. trademark law, I?m making a exception given that the subject matter of this ongoing Community Trade Mark dispute involves James Bond.Danjaq LLC (?Danjaq?), the company which owns all of the intellectual property rights associated with the famed JAMES BOND movie franchise, has lost another round in its ongoing opposition battle against a German Company seeking to register the mark DR...

Re/Max Files Cybersquatting Lawsuit Against Las Vegas Real Estate Agent

Posted on July 02, 2009
Steve Green of the Las Vegas Sun reported today (link here) on a cybersquatting and trademark infringement lawsuit filed by RE/MAX International, Inc. (?Re/Max?), against Cristine Rosa Lefkowitz and her corporation, C. Rosa, Inc. (?Defendants?). See RE/MAX International, Inc...

Nevada District Court Clarifies Nevada Limitations Period for Laches Presumption

Posted on June 29, 2009
A Nevada District Court has clarified that, for purposes of determining whether the presumption of laches applies in a trademark infringement lawsuit filed in Nevada, the applicable statute of limitations period is four years. See Aristocrat Technologies, Inc...

Chicago?s SUPERDAWG Files Trademark Infringement Against NYC?s SUPERDOG

Posted on June 26, 2009
Chicago's SuperdawgThe Chicago Tribune reported earlier this week on the lawsuit filed by the owner of Chicago?s famed SUPERDAWG restaurant (pictured above) against a New York man, Danny Omari, doing business under the SUPERDOG. See Superdawg Drive-In, Inc...

Eighth Circuit Overturns Lower Court?s Laches Decision in CRISTAL Trademark Infringement Lawsuit

Posted on June 25, 2009
The relatively new-on-the-block Minnesota Law, Technology & Intellectual Property Blog reports on the decision by the Eighth Circuit Court of Appeals overturning a lower court?s decision dismissing a trademark infringement lawsuit on the basis of laches...

GIRLS GONE WILD Sues Wireless Companies Over GIRLS GONE MOBILE

Posted on June 24, 2009
Xbiz reports (link here) on the trademark infringement lawsuit filed last week in the U.S. District Court for the Central District of California by the companies behind the GIRLS GONE WILD brand (Mantra Films, Inc. and GGW Marketing, LLC) against several wireless carriers (including AT&T and Verizon) and mobile phone content providers for using the mark GIRLS GONE MOBILE to promote ?adult themed entertainment products? such as downloadable videos, photos, and wallpaper of ?youthful women...

Bellagio Loses Bet on Specimen of Use for DUNES mark for Casino Services

Posted on June 18, 2009
The TTABlog� writes today (link here) on the Trademark Trial and Appeal Board?s decision affirming the PTO?s refusal to allow Bellagio, LLC, the MGM-Mirage subsidiary which owns the Bellagio Hotel & Casino, to register the mark DUNES for ?casino services? based on a specimen of use showing the mark on a slot machine (pictured below)...

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