02 February

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Apple’s Ipad Runs Into Fujitsu’s Trademark Application

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With all the buzz last week over Apple’s new iPad, a significant detail may have been overlooked. Apparently, Fujitsu has been manufacturing and selling their own Fujitsu “iPad” for more than 8 years. The Fujitsu device isn’t an Apple knockoff, but rather a different kind of pad, a Windows point-of-sale tool for retailers. But it’s also called the iPad, and Fujitsu actually applied for a trademark in 2003. Initially Fujitsu’s application was abandoned in view of an existing application for “ipad” from a company called Mag-Tek! The original iPad, it seems, was a kind of pin-entry pad made by a...

01 February

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Trademark Dispute USC vs. USC

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in Trademark

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...

26 January

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

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in Trademark

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...

20 January

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

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in Trademark

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...

21 November

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

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in Litigation, Trademark

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...

13 October

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LOS ANGELES COPYRIGHT ATTORNEY FILED LAWSUIT AGAINST CHRIS ROCK

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in Copyright, Litigation

A complaint and later filed Ex Parte Application for Temporary Restraining Order (TRO) was filed against Chris Rock and HBO to prevent the release of Rock’s film, Good Hair, in the Central District of Los Angeles. Plaintiff Regina Kimbell, has already written and produced a documentary entitled My Nappy Roots, which explores the social and cultural issues surround black hair care.Kimbell claims that Rock invited her to the Paramount lot and asked her to bring a copy of her film with the intention helping her with it. But rather, Rock was really looking for research and help himself with his...

16 September

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Annie Leibovitz Is Having Copyright Issues

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in Copyright

Celebrity photographer Annie Leibovitz nearly lost the copyrights to her famous photography as a result of her default on a $24 million loan. Art Capital Group (“ACG”), the lender, sued Leibovitz back in July due to breach of contract of their agreement. As collateral, Leibovitz used her real estate assets and the copyright to every photograph she has ever taken.ACG estimated that the value of her intellectual property is approximately at $40 million in addition to $40 million in her real estate.Luckily for her, she was granted an extension to repay the $24 million and ACG seems to be in...

27 August

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OPRAH TRADEMARK POWER

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in Trademark

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...

06 August

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Pitching Your Invention to Toy Companies

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in Patent

Patenting toys is a hot area for many inventors, and can be very lucrative as well. You should always have a patent issued prior to pitching it to the toy reps otherwise you have no protection. In the very least you should have a pending patent application filed. In some rare cases, a toy company, typically smaller toy companies, will sign your non-disclosure agreement (NDA), but don’t count on it.When it comes to pitching and selling, and who to go to, it just really depends what industry you are in and if you have a winner of a product. I...

19 July

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Now is the Time to Invent and Patent

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in Patent

Companies have started to change their attitudes about accepting outside idea submissions from lone inventors. In the past, many companies instituted policies rejecting any outside idea submissions and instead relied on their internal R&D departments to come up with new products. Many of these companies did so to avoid potential patent infringement or other IP claims.However, with the change in the economy, many companies are cutting back in their R&D budgets, so they are realizing that accepting outside ideas to buy or license is more cost effective. A prime example is Procter & Gamble, where Greg Swartz of Arizona, a...

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