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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

Toy Maker Seeks Declaratory Judgment That ?Boogie Board? is Generic for ? Guess What?

Posted on June 16, 2009
Wham-O's BOOGIEŽ body boardHong Kong based toy company Manley Toys, Ltd., the maker of the BANZAI line of water toys including a water slide with a Banzai ?boogie board? (pictured below), filed a declaratory judgment action against Wham-O, Inc., the owner of the registered trademark BOOGIE (for body boards), after receiving a cease and desist from Wham-O over the use of the term ?boogie board?...

Pardee Homes Sues Beazer Homes over SMART LIVING

Posted on June 10, 2009
On June 8, 2009, Nevada and SoCal home builder and real estate developer Pardee Homes filed a trademark infringement lawsuit against home building competitor Beazer Homes in the U.S. District Court for the District of Nevada. See Pardee Homes v. Beazer Homes USA Inc...

The owner of that popsicle is Monte?Del Monte.

Posted on June 08, 2009
Rebecca Tushnet managed to combine two of my favorite topics?naked licensing and James Bond?into a single post about Del Monte?s attempts to distance itself from one of it's popsicles rembling the naked torso of current JAMES BOND 007 actor Daniel Craig...

ICANN?s Proposed Uniform Rapid Suspension Program For Fighting Cybersquatters

Posted on June 05, 2009
ICANN's Implementation Recommendation Team (?IRT?) issued a report on May 29, 2009, which recommends the implementation of a new type of domain name proceeding that trademark owners could pursue in order to go after cybersquatters cheaper and faster. The proceeding is tentatively called the Uniform Rapid Suspension System (?URS?) and the IRT is recommending that it be mandatory for all new generic Top Level Domains (gTLDs)...

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Incorp and Legalzoom Settle Trade Libel Lawsuit

Posted on June 04, 2009
I previous wrote (link here) about the lawsuit filed by Incorp Services, Inc., (?Incorp?), a company that helps parties form corporations and other business entities throughout the United States and which also offers registered agent services for business entities nationwide, filed a lawsuit against Legalzoom...

My new favorite TTAB website - TTAB ACROSS THE BOARD

Posted on June 03, 2009
Over this past weekend, I stumbled across TTAB ACROSS THE BOARD. This may be old news for some, but I had never heard of it and I think the website is a must-know for TTAB practitioners ? and will soon become their favorite TTAB related website (with the exception of TheTTABlogŽ of course)...

Psion Agrees to Surrender NETBOOK Registered Trademark

Posted on June 02, 2009
Back in February, Intel Corp. filed a declaratory judgment action against Psion Teklogix, Inc. seeking a declaration that Psion?s registered trademark NETBOOK is generic for laptop computers (previously blogged here). The action was filed after Intel (along with numerous other well-known names like Dell, HP, and Best Buy) received a cease and desist letter from Psion...

Ozzy Osbourne Files Lawsuit Against Anthony Iommi Over BLACK SABBATH Trademark

Posted on June 01, 2009
Multiple news sources (Reuters, E! Online, Entertainment Weekly) reported over the weekend on the lawsuit filed last week in the U.S. District Court for the Southern District of New York by Ozzy Osbourne against his Black Sabbath band partner Anthony Iommi over ownership of the BLACK SABBATH mark...

Software Maker Files Declaratory Judgment Action The Naked Cowboy

Posted on May 28, 2009
Bloomberg reports that European mobile phone software maker Gameloft has filed a declaratory judgment action against Robert Burck, better known as ?The Naked Cowboy? (the self-appointed most famous ?busker? in New York City), in the U.S. District Court for the Central District of California...

Software Maker Files Declaratory Judgment Action Against The Naked Cowboy

Posted on May 28, 2009
The Naked CowboyBloomberg reports that European mobile phone software maker Gameloft has filed a declaratory judgment action against Robert Burck, better known as ?The Naked Cowboy? (the self-appointed most famous ?busker? in New York City), in the U...

Think Computer Agrees to Drop Cancellation Petitions Against FACEBOOK

Posted on May 27, 2009
WebProNews reported that the dispute between Facebook, Inc. (?Facebook?) and Think Computer Corporation (?Think Computer?) over the trademark FACEBOOK had been resolved with a confidential settlement agreement. In April 2008, Think Computer filed a cancellation petition with the Trademark Trial and Appeal Board to cancel Facebook?s trademark registration for the mark FACEBOOK...

Cartier files (and later withdraws) trademark lawsuit against Apple over ?Fake Watch? iPhone App

Posted on May 23, 2009
Trademark litigation watchers are well aware of Cartier's aggressive protection of its ?TANK? line of watches (created by Louis Cartier in 1917, who was supposedly inspired by the Renault tanks that Cartier saw during World War I). I previously wrote (link here) about one such lawsuit Cartier filed against Donna Karen...

Another Quacky Lawsuit Involving Duck Tours

Posted on May 20, 2009
I previously wrote here about the ongoing dispute between two amphibious tour operators battling over use of the term ?duck tour? in connection with amphibious tours. Now comes news of another amphibious tour company?s lawsuit against a competing amphibious sightseeing tour company ? only this one involves the ?quack? sound of a duck...

GunBroker.com Seeks Declaratory Relief Against Heckler & Koch and the Trademark Enforcement Efforts of Continental Enterprises, Inc.

Posted on May 18, 2009
On May 14, 2009, GunBroker.com, LLC (?GunBroker?), the owner of the website www.GunBroker.com, filed a declaratory relief action against Heckler & Koch Inc. (?H&K?), the U.S. subsidiary of the German firearm manufacturer Heckler & Koch, GmbH, in the U...

Texas Court Finds Domainer Texas International Property Associates Liable for Cybersquatting

Posted on May 15, 2009
District Court Judge Ed Kinkeade of the Northern District of Texas dealt a defeat to domain name company Texas International Property Associates while giving a cybersquatting victory to Hoerbiger Holding AG (?Hoerbiger?). The court dismissed with prejudice all of TIPA?s causes of action against Hoerbiger and granted summary judgment in Hoerbiger?s favor on its counterclaim of cybersquatting...

Andre Agassi and Steffi Graff Play Doubles Match Against Cybersquatters

Posted on May 13, 2009
Andre Agassi & Steffi GraffLooks like Andre Agassi and Steffi Graff have finally decided to go after their .COM domain names nearly 8 years after the names were registered by other parties. And as long as they are taking legal action, why not go after the registrants of their names with the ...

The Cupcakery Sues Former Employee for Trademark Infringement

Posted on May 08, 2009
On May 5, 2009, The Cupcakery, LLC (?The Cupcakery?) filed a trademark infringement lawsuit against Sift: A Cupcakery (?Sift?) and owner Andrea Ballus in the U.S. District Court for the District of Nevada. See The Cupcakery, LLC v. Ballus et al, Case No...

Iron Maiden Sues Over Comic Book Name

Posted on May 06, 2009
Iron Maiden's Eddie the Head Daily Breeze reports on the trademark infringement lawsuit filed by the heavy metal group Iron Maiden against the creators of a comic book entitled ?Iron and the Maiden? (pictured below) and promoted on the website http://www...

Las Vegas Entertainer Danny Gans Dies at 52

Posted on May 01, 2009
Las Vegas mourns the shocking and untimely death of modern Vegas legend Danny Gans. (Wikipedia). Gans reportedly died in his sleep sometime around 3 a.m. this morning. News accounts of his passing are posted on KVBC and TMZ. He was 52.The cause of death is currently unknown and Gans had no reported health problems...

Two Las Vegas Adult Film Companies Battle Over ?Deep Throat?

Posted on April 29, 2009
On April 24, 2009, a company named Arrow Productions Ltd. (?Arrow?) filed a trademark and copyright infringement lawsuit against VCX, Ltd. (?VCX?) and its owner David Sutton. See Arrow Productions Ltd. v. VCX, Ltd. et al, Case No. 09-cv-00737 (D. Nev...

New England Patriots Lose TTAB Opposition Over 19-0 THE PERFECT SEASON

Posted on April 24, 2009
Followers of John Welch?s The TTABlogŽ are probably familiar with his ongoing series of decisions filed under the category of WYHA (?Would You Have Appealed??). Well, after reading his write-up here on the TTAB?s recent precedential decision in Kraft Group LLC v...

HeinieSniff'n Dog Toy Maker Seeks Declaratory Relief

Posted on April 22, 2009
I previously blogged (link here) about the court decision ruling against VIP Products, LLC (?VIP?) over one of its ?beer? bottle shaped squeaky dog toys. In that case, it was Anheuser-Busch, Inc. (?AB?) which sued VIP over its ?Buttwiper? dog toy (pictured above) and the court granted AB?s motion for preliminary injunction based on likelihood of success on the merits of AB?s trademark infringement claims...

Station Casinos Follows MGM?s Lead in Cybersquatting Lawsuit Against Panamanian Company

Posted on April 21, 2009
The Las Vegas Sun had an article today (link here) about the cybersquatting lawsuit filed by Stations Casinos on April 17, 2009, against a Panamanian company named Smart Answer, S.A. (?Smart Answer?) and a Panamanian resident affiliated with the company named Susana Gonzales...

Amber Alert Creator Files Pro Se $150 Million Trademark Infringement Lawsuit

Posted on April 17, 2009
The Houston Press has an article today about a $150 million trademark infringement lawsuit filed pro se by Bruce Seybert ? the Texas man who helped create the AMBER ALERT system (you can read his story on his website http://www.amberalertcreator.com/) ? against the National Center for Missing and Exploited Children (?NCMEC?) and its president, Ernie Allen...

Dueling OCTOMOM Trademark Applications Filed with the U.S. Patent & Trademark Office

Posted on April 16, 2009
Like most people (at least I would like to think most people), I find the whole OCTOMOM story ridiculous. She has single handedly ruined the name Nadia for me ? a great name which I was going to give to my future daughter until now. I even go out of my way to avoid reading or watching any tabloid stories on Nadya Suleman just so that I won?t play a part in the media frenzy feeding into her octo-ego...

World Market Center Faces Major Setback in Cybersquatting Cases

Posted on April 14, 2009
In December 2008, World Market Center Venture, LLC (?WMC?) filed approx. 11 cybersquatting lawsuits against various defendants. Several of the lawsuits appear to have been directed against registrants of domain names using some variation of the terms ?Las Vegas? and ?Market...

PepsiCo Sues Coca-Cola For False Advertising Over Energy Drink Campaign

Posted on April 14, 2009
Another Pepsi v. Coke battle(Photo Credit: USA George) Reuters and Dow Jones reported today on 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...

uBid Sues GoDaddy for Cybersquatting Over Monetized Parked Domains

Posted on April 09, 2009
On April 6, 2009, Ubid, Inc. (?Ubid?) filed a cybersquatting lawsuit against The Godaddy Group, Inc. and its domain name registrar subsidiary company, Godaddy.com, Inc. (together ?Godaddy?) in the U.S. District Court for the Northern District of Illinois...

My New Favorite Barack Obama Inspired Pro Se Trademark Application

Posted on April 08, 2009
There are no shortage of examples of pro se applicants attempting to capitalize on the popularity of President Barack Obama by filing applications with the U.S. Patent and Trademark Office to register trademarks with the name OBAMA. See IPBlog and PatentlyO for some prime examples...

Bruce Lee Sues Ecko and Leo Valenia?s A.V.E.L.A. Over Clothing Using Lee?s Image

Posted on April 06, 2009
One of the things I like about trademark infringement complaints is the background story you get about famous individuals (albeit stated in lawyer legalese, which fortunately I can understand) ? in this case, Bruce Lee.On April 1, 2009, Bruce Lee Enterprises, LLC (?BLE?) filed a trademark infringement lawsuit against Marc Ecko Enterprises, A...

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