E-mail Us

Contact Us

Facebook

Twitter

Search
 

Trademark

Cohen Law > Trademark (Page 11)

Trademark Dispute USC vs. USC

The University of Southern California recently emerged victorious in an off-the-field battle with the University of South Carolina. The trademark dispute was over the use of the interlocking “SC” logo, used by both schools. A federal appeals court ruled that Southern California still has the legal ownership of the trademark logo. The two schools have locked horns over the logo since 2002, when South Carolina attempted to federally register their logo. Southern California already had a registered trademark on the interlocking letters, and asserted that the logos were too similar. The Trademark Trial and Appeal Board (TTAB) agreed, and South...

Continue reading

University Trademarks Versus Small Business Trademark: Dakota Micro’s AgCam

Dakota Micro, Inc. is a Geneseo, North Dakota manufacturer of a product called the “AgCam,” a camera that allows farmers to easily monitor farm equipment. By coincidence, students at the University of North Dakota (UND) built a camera to monitor rangeland and crops from space, and also called it the AgCam. As it turns out, UND’s camera didn’t work after it was fired into space with the shuttle Endeavor. Farmers began to doubt the quality of Dakota Micro’s cameras, thinking UND’s “Agcam” was also made by Dakota Micro.When Dakota Micro confronted UND, and asked them to change the name of...

Continue reading

Trademarks for 2010: Clear your Trademark with a Trademark Search First

Why is it so important for you to have your trademark attorney apply for a trademark application? There are many reasons, but before I answer that question, it is even more important to conduct a trademark search first, prior to the adoption of the name you wish to use for your brand or business. Why?Imagine you did not have your trademark lawyer conduct a search, and you just decided to use a name for your new product. Let’s say you have commenced manufacturing the product and packaging for it, so the name you picked is all over the packaging and...

Continue reading

Los Angeles Trademark Lawyers for Sublime File Ex Parte Temporary Restraining Order

Looks like the long-awaited comeback of the remaining Sublime band members isn’t going to go as expected. In a preliminary injunction early this month, on November 3, 2009, Judge A. Howard Matz of the US District Court of the Central District of California granted an injunction against surviving band members, Bud Gaugh and Eric Wilson, to play publically with a new singer under the well-recognized name, “Sublime.” The Plaintiff is the estate of Bradley Nowell, the band’s now deceased lead-singer, objected to the use of “Sublime,” arguing that Wilson and Gaugh aren’t the rightful owners of the name. Judge Matz...

Continue reading

OPRAH TRADEMARK POWER

We have all heard the power of an Oprah Winfrey product endorsement, or the financial windfall that occurs when Oprah puts you on her booklist. So of course having Ms. Winfrey endorse or even review your product, book, or service is a coveted position by any entrepreneur. Oprah is fully aware of the power of her endorsements, so she is making sure that who she endorses must be accurate, protected, and not diluted by fakes claiming that their products were endorsed by her when they were in fact not.So Oprah is getting tough and has filed a federal complaint against...

Continue reading

No Trademark for Pussy

Certain things can be trademarked while other things cannot. Some of the “not” things are certain words or designs that are deemed to be immoral or scandalous under Section (2) of the Lanham Act. For example, remember when Damon Wayans tried to trademark “Nigga” for clothing? That got shut down by the examiner at the USPTO under Section (2).In a recent 27-page decision, the Trademark Trial and Appeals Board (“TTAB” or “Board”) refused registration of the mark PUSSY NATURAL ENERGY in connection with energy drinks on the basis of it being scandalous.Applicant’s attorney of course argued the predictable, that the...

Continue reading

AMERICAN APPAREL DUKES IT OUT WITH LAWYER KEITH FINK

American Apparel has had its share of lawsuits. More recently with Woody Allen after American Apparel posted billboards of Allen without his permission. Now, American Apparel is on the offense against an opposing attorney in an employment litigation.Keith Fink has a reputation as an aggressive employment attorney, typically suing celebrities and others in the entertainment industry. One of Fink’s notable cases is against blogger queen Perez Hilton over the PerezRevenge domain name trademark litigation. Fink represents a former employee of America Apparel that is suing the company’s CEO Dov Charney for sexual harassment.As a preemptive attack, American Apparel has taken...

Continue reading

More Fake Celebrity Twitter Profiles

Fake celebrity Twitter profiles are getting out of control, see my previous post regarding the topic. Now Kanye West is the latest celebrity to be subject to a fake Twitter profile. Some cases regarding the use of a celebrity’s likeness involved the claim of Right of Publicity. California Civil Code Section 3344 prohibits “Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of products, merchandise, goods or services, without such person’s prior consent…” Putting the law aside,...

Continue reading

Google Faces Class Action Lawsuit for Trademark Infringement Over Adwords

On May 11, 2009, a Texas trademark litigation attorney initiated a class action lawsuit against Google, Youtube, AOL, and Turner Broadcasting System for trademark infringement. The Class Representative is a small software company in Marshall, Texas, called Firepond. The jist of Plaintiff’s Complaint alleges that Defendants are infringing Plaintiff’s trademarks by selling Plaintiff’s trademark words in Adwords. For example, “Firepond” is one of the terms that were bid upon by Plaintiff’s competitors. When an individual searches for the term “Firepond” in a Google search, an Adword advertisement of one of Plaintiff’s competitor’s appears at the top of the search. This...

Continue reading