11 July

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Apple Trademark Dispute in China of Xuebao

Posted by Michael

Apple is engaged in yet ANOTHER trademark dispute in China. This time, the lawsuit involves the trademark “Snow Leopard,” which is the name of Apple’s operating system OS X 10.6 released in 2009. Jiangsu Xuebao, a Chinese company, alleges that it owns the Chinese trademark rights for “Xuebao.” You may be thinking, but wait a minute how is that the same as “Snow Leopard.” Well, the Chinese word “Xuebao” literally translates to “Snow Leopard.” Jiangsu Xuebao claims that Apple’s use of “Snow Leopard” confuses consumers because it also makes computer products and now demands about $80,000 from Apple. Back in 1998, Jiangsu...

02 July

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Trademark Infringement of Brave?

Posted by Michael

in Trademark

Disney released yet another mega-blockbuster new animated movie this weekend called “Brave”. To no one’s surprise, the movie scored the top box office spot and has already grossed over $80 million worldwide. Just a few days before the release of Disney’s “Brave,” a company called Phase 4 Films released a low-budget version called “Kiara the Brave.” “Kiara” wasn’t released in theaters, but distributed through iTunes, Amazon, and I even saw it offered on On-Demand service through my TV. Both of the animated films feature a redheaded, adventurous heroine and use a similar plot. So what gives? Lately, there has been a...

25 June

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Hamilton Ventura Trade Dress Infringement Against Stuhrling Original

Posted by Michael

in Trademark

Did any of you moviegoers notice Will Smith’s watch during Men in Black III? Apparently, Will Smith wore the same watch, a “Hamilton Ventura”, in all three of the Men in Black movies. The watch has also graced the wrists of Elvis Presley in Blue Hawaii and Rod Sterling on The Twilight Zone. [caption id="attachment_4823" align="alignleft" width="159"] Hamilton Ventura Watch Image - From Wikimedia Commons, the free media repository[/caption] The Swatch Group Inc., which manufactures Hamilton brand watches, has filed a trade dress and trademark infringement lawsuit against Stuhrling Original LLC for “intentionally copying” the Ventura watch. A product can only receive trade...

20 June

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Havana Club Trademark Dispute with US and Bacardi

Posted by Michael

in Trademark

Cuba and the US are at war…over Rum! Cuba’s state distillery sells the popular rum “Havana Club” in over 120 different countries (distributed through Pernod Ricard, a French company). But entry of Cuba’s delectable national drink is barred into the U.S. because of the embargo. The USPTO did however granted Havana Club International the U.S. trademark rights for “Havana Club.” However, the U.S. Treasury Department’s Office of Foreign Assets Control, which administers and enforces economic and trade sanctions, did not issue a license to the company to make a $200 renewal payment. Thus, a court recently refused the “Havana Club”...

15 June

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No Doubt Lawsuit with Activision Right of Publicity

Posted by Michael

in Copyright

No Doubt enjoyed mainstream success during the 90s with hits like “Don’t Speak” and “Just a Girl.” Last week, the band announced its plans to reunite and release an album this September. The same day that the band shared the news of their planned comeback, a judge gave permission for the band’s lawsuit against video game maker Activision to be heard by a jury. “Hella Good” day for No Doubt. The video game created by Activision, Band Hero, features the band members’ likenesses as video game characters. Players of this video game can select a character that is modeled after a...

12 June

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Google’s Fair Use Defense to Authors Copyright Infringement

Posted by Michael

in Copyright

Last month, Google got the vote for “most popular technology brand,” beating out Facebook, Twitter, and Apple. Google has grown to include its own specialized search tool for Maps, News, Shopping, Videos, etc. A few years back, Google started Google Books and made an agreement with several research libraries to scan books for its Google Books Library Project. It has scanned 12 million books over the course of the project. The website for Google Books describes that you can view a few “snippets” or sentences of copyrighted books and you can fully view a book that is out of copyright. The website...

05 June

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Charlie Sheen Trademark Infringement and Right of Publicity

Posted by Michael

in Copyright

For $250, guests of a New York Gentlemen’s Club could eat sushi off the body of an almost-naked woman in the “Charlie Sheen Room.” At least until Sheen’s lawyer sent the Cheetahs Gentlemen’s Club a cease and desist letter threatening a lawsuit for millions, which the club complied with. The “Charlie Sheen Room” featured Sheen’s name and images. It sounds a little creepy, but hey, to each his own. The president of the company owning Cheetahs, Sam Zherka, denied that it used Sheen’s name to promote the business. Rather, he says that the strip club used the name for comical effect...

02 June

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Gucci Trademark Infringement Against Guess

Posted by Michael

in Trademark

After three years, the Gucci v. Guess trademark infringement battle finally ended earlier this month when Gucci received a settlement of $4.7 million in damages (Gucci initially demanded $221 million). The judge’s words: “Over the past three years, the parties have put in countless hours and spent untold sums of money, all in the service of fashion — what Oscar Wilde aptly called ‘a form of ugliness so intolerable that we have to alter it every six months.’” Ever since the end of the case, the web has been abuzz with talk about what this decision means for future trademark disputes...

30 May

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Ipad Chinese Proview v. Apple Trademark Update

Posted by Michael

in Trademark

So what’s new in Proview vs. Apple? If you remember from our earlier blogs, since late 2011 the two companies have engaged in a trademark dispute over the iPad name. Proview Technology, a now bankrupt Chinese manufacturer, registered the trademark “iPad” in 2001. Apple released the iPad in 2010 and states that it purchased the rights to the “iPad” trademark in 10 countries from Proview in 2009. Apple paid Proview around $55,000 for purchasing the trademark, but Proview later demanded $10 million for Apple’s use of the name “iPad” in China. Proview says that it still retains the right to the...

16 May

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Top Trademark Firms Cohen IP Law Group, P.C.

Posted by Michael

in Trademark

We are proud to announce that Michael N. Cohen of Cohen IP Law Group, P.C. has again ranked in the 2012 edition of Intellectual Property Today magazine survey for its Top Trademark Law Firms. The law firms are ranked according to the number of U.S. trademark registrations issued in 2011 where the firm or attorney is listed as the legal representative on the registration. This is the third year in a row that Cohen IP Law Group, P.C. has received this honor. Cohen IP Law Group, P.C. is a premier boutique intellectual property law firm specializing in complex trademark prosecution and...

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