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Trademark Law

Las Vegas Trademark Attorney 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

Recent Entries: 312

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Caribbean Crème files trademark infringement lawsuit against Krispy Kreme over ?Caribbean Kreme?

Posted on April 22, 2008
Caribbean Creme's smoothie machineOn April 21, 2008, Caribbean Crème, Inc. (?CCI?), a St. Louis, Missouri-based company that produces and sells equipment to make a fruit smoothie by the name ?Caribbean Crème,? filed a trademark infringement lawsuit against Krispy Kreme Doughnuts, Inc...


Energy Drink Maker Wins Preliminary Injunction Against Rival Based on Trade Dress Infringement

Posted on April 21, 2008
On April 14, 2008, a Michigan federal district court judge granted the motion for preliminary injunction brought by Innovation Ventures, LLC d/b/a Living Essentials (?Living?) against rival energy drink maker N2G Distributing, Inc. and Alpha Performance Labs (together ?N2G?) based on trade dress infringement by N2G of Living?s distinctive product packaging while rejecting Living?s claims for trademark infringement...


Cost Plus World Market and World Market Center settle trademark dispute over WORLD MARKET

Posted on April 18, 2008
I previously wrote (link here) about the trademark infringement lawsuit filed by Cost Plus World Market against the Las Vegas-based World Market Center over the mark WORLD MARKET CENTER. See Cost Plus Management Services, Inc. et al v. World Market Center Venture, LLC, Case No...


Planet Hollywood sues to stop local Las Vegas music band from using the name SUNSET STRIP

Posted on April 17, 2008
On April 16, 2008, OpBiz, LLC (?OpBiz?), the owner and operator of the Planet Hollywood Resort & Casino (?Planet Hollywood?) in Las Vegas, filed a trademark infringement lawsuit in the U.S. District Court for the District of Nevada against The Production Group, LLC (?TPG?) and its managing member, Glenn Medas, and Shay/Chambers, LLC d/b/a M/C Productions (?MC Productions?) and its managing member David Michael Chambers...


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Harry Potter and the Disappearing Trademark Infringement Claims

Posted on April 16, 2008
In the trial of the lawsuit filed by J.K. Rowling and Warner Bros against RDR Books over its planned publication of the ?Harry Potter Lexicon? (a print version of the free-of-charge Harry Potter Lexicon fan website - http://www.hp-lexicon.org/ - created by Steven Vander Ark), so much of the media attention has focused on the copyright infringement claims that I was beginning to wonder when the parties would get around to the ?good stuff? ? namely, the claims for trademark infringement and unfair competition that were part of the original and amended complaint...


NIKE goes after MIKE

Posted on April 15, 2008
Another one for the category ?What was this applicant thinking??Nike, Inc. (?Nike?), owner of several registrations for the mark NIKE (for footwear and clothing), filed an opposition today against an individual named Scott Nelson who filed a Section 1(b) intent-to-use trademark application to register the mark MIKE (for various clothing)...


What?s in a name? Ask Roscoe and Patsy.

Posted on April 13, 2008
It was quite a week for restaurant name trademark disputes.Earlier this week, I wrote (link here) about a North Carolina pancake house that was doing business under the name ?It?s Hop?n? that was sued for trademark infringement by IHOPOn Thursday, the big story (here and here) was about the Los Angeles-based chicken and waffles chain ?Roscoe's House of Chicken 'n Waffles? (?Roscoe?s?) The restaurant chain filed a trademark infringement lawsuit against the owner of ?Rosscoe's House of Chicken and Waffles? (?Rosscoe?s?) in Chicago (two ?S??s and the word ?and? instead of an ampersand), for infringement of its service mark ROSCOE'S HOUSE OF CHICKEN N WAFFLES (pictured below)...


A JUICY trademark dispute

Posted on April 10, 2008
On April 4, 2008, Juicy Couture, Inc., the owner of several trademark registrations on the mark JUICY and other variations, filed a trademark infringement lawsuit against Lime Blue, LLC (?Lime Blue?), the owner of the website http://www.juicycampus.com/, in the U...


Two big players give two small business owners lessons in trademark infringement

Posted on April 09, 2008
Two stories in the news yesterday showcase the perils in which small businesses often find themselves when they get crosswise with big companies with powerful trademark portfolios. The first story (link here) is about Ken Litvack, the founder of NavQuest ? a website that helps boat owners create their own ocean navigational charts...


A Trademark Two-for-Tuesday for Eleventh Circuit appeals: Use of trademark in Metatags upheld as infringement

Posted on April 08, 2008
In addition to the Eleventh Circuit?s decision late last week regarding the mark ANGEL FLIGHT (discussed here), there was another trademark related decision published yesterday by the Eleventh Circuit Court of Appeals in a case involving trademark infringement arising from the use of trademarked terms in website metatags...


Eleventh Circuit affirms lower court decision in favor of Georgia group on use of ANGEL FLIGHT mark

Posted on April 08, 2008
The Eleventh Circuit Court of Appeals last week reaffirmed a lower court?s decision upholding a Georgia organization?s senior rights to use the mark ?Angel Flight? in Georgia, Alabama, South Carolina, Mississippi, North Carolina, and Tennessee. The court also upheld the lower court?s decision to cancel a trademark registration for the mark ?Angel Flight? on the basis that it was acquired through fraud...


Contentious trademark opposition over MONTE CARLO spills over into federal court

Posted on April 04, 2008
On March 28, 2008, Société des Bains de Mer et du Cercle des Etrangers à Monaco (?SBM?), a société anonyme Monegasque organized under the laws of the Principality of Monaco, filed a trademark infringement lawsuit against MGM Mirage, Inc. (?MGM Mirage?) and Victoria Partners, L...


Motorola Files Counterfeit Lawsuit, Obtains Temporary Restraining and Seizure Order Against Two Las Vegas Trade Show Exhibitors

Posted on April 03, 2008
On April 1, 2008, Motorola, Inc. (?Motorola?) filed a trademark infringement lawsuit against Mocoola Accessories Wholesale, Inc. and Big Apples Accessories, Inc. (together , the Defendants) in the U.S. District Court for the District of Nevada. See Motorola, Inc...


The future of cybersquatting litigation ? battling click-through web directories and typosquatting

Posted on April 02, 2008
The Las Vegas Business Press ran an article today by Valerie Miller entitled ?www.catchusifyoucan.com? (link here) on the current state and future trends of ?cybersquatting? litigation.The article notes that, as common domain names become less available, there are a growing number of companies registering domain names containing common misspellings of other well-known domains (so-called ?typosquatting?)...


USPTO Celebrates Trademarks with National Trademark Expo

Posted on April 02, 2008
"T. Markey"The U.S. Patent and Trademark Office (?USPTO?) is hosting the National Trademark Expo from Thursday, April 10 to Saturday April 12. The Expo is free and open to the public from 10 a.m. to 6 p.m. at the USPTO?s Madison Building atrium, 600 Dulany Street in Alexandria, Virginia...


TTAB upholds opposition based on applicant?s failure to show bona fide intent to use

Posted on March 30, 2008
On March 28, 2008, the Trademark Trial and Appeal Board (the ?Board?) handed down a precedential decision upholding an opposition by L.C. Licensing, Inc., the owner (at the time the opposition was filed) of the word mark ENYCE and mark ENYCE and design (pictured above) both for apparel and headwear, against Cary Berman, the applicant for the mark ENYCE for custom automotive accessories...


Sensient Flavors obtains Temporary Restraining Order against SensoryFlavors

Posted on March 29, 2008
On March 10, 2008, Sensient Technologies Corporation along with one of its subsidiaries, Sensient Flavors LLC (together ?Sensient?), filed a lawsuit in the U.S. District Court for the Eastern District of Missouri again SensoryFlavors, Inc., Performance Chemicals & Ingredients Co...


Portugal-based Rosenruist-Gestao files U.S. Supreme Court Cert. Petition on Fourth Circuit?s Decision to Enforce 35 U.S.C. §24 Subpoena

Posted on March 26, 2008
The TTABlog® posted a copy (link here) of the U.S. Supreme Court Petition for a Writ of Certiorari filed March 20, 2008, by Portuguese Company Rosenruist-Gestao E Servicos LDA (?Rosenruist-Gestao?). See Rosenruist-Gestao E Servicos LDA, fka Rosenruist-Gestao E Servicos Sociedade Unipessoal LDA v...


Trademark 101: Registering domain names as trademarks

Posted on March 24, 2008
I am often asked about whether a domain name can be registered as a trademark.The answer is Yes ? a domain name can be registered as a trademark or service mark with the U.S. Patent and Trademark Office (?USPTO?), subject to certain qualifications (although these qualifications actually apply to non-domain name trademark/service mark applications as well)...


Pro Se Plaintiff Files Some Kind of Trademark Lawsuit Against MySpace

Posted on March 22, 2008
For those of you who get a kick out of reading complaints filed by pro se plaintiffs, check out this lawsuit (link here) that purports to be a trademark infringement lawsuit against MySpace, Inc. (?MySpace?) filed on March 20, 2008, by pro se plaintiff Donnell Mitchell (d/b/a Phenomenon Licensing) (?Mitchell?) in the U...


IRS Field Memo provides guidance for drafting trademark sale agreements

Posted on March 20, 2008
Alvarez and Marsal recently sent out a newsletter (link here) that discussed a December 28, 2007 Internal Revenue Service Field Attorney Advice memorandum addressing a taxpayer?s ultimately unsuccessful attempt to recharacterize a license agreement as a sales agreement for tax purposes...


?Vegas? Magazine Mega-Publisher Sues Connecticut Niche Publisher Over a ?Niche? mark

Posted on March 19, 2008
On March 14, 2008, Niche Media Holdings, LLC (?NMH?) filed a lawsuit against Niche Downtown, LLC and Joseph A. Gazzola (the ?Defendants?) in the U.S. District Court for the District of Nevada. A copy of the complaint can be downloaded here. March 2008 Cover of "Vegas" MagazineNMH is the publisher of such well-known regional magazines as ?Los Angeles Confidential,? ?Ocean Drive,? and ?Vegas? ? those oversized glossy magazines with articles and advertising catering to a high-end luxury market...


The TTABlog finally gets the ®ecognition it deserves.

Posted on March 19, 2008
Congratulations to John Welch of The TTABlog®, who, after an unsuccessful appeal to the institutution to which he has devoted his blogging life, finally got his ® for THE TTABLOG based on acquired distinctiveness under Section 2(f).I've updated the name on my list of blog links -- along with a long overdue ® for Ron Coleman's Likelihood of Confusion® (sorry for the oversight Ron)...


Royal trademark battle over who will be the reigning WINE KING of New Jersey

Posted on March 17, 2008
The ?Real? Wine King?(Photo Credit: Will Bullas)Last Monday, a New Jersey district court judge denied a motion for preliminary injunction brought by the owner of three Northern New Jersey liquor stores named ?Wine King? against a Southern New Jersey liquor store that is also using the name ?Wine King...


Prof. Randazza explains Ornamental Use vs. Trademark Use as only he can

Posted on March 13, 2008
I?ve written previously about trademark applicants who seemingly confuse ornamental use with trademark use. (See prior posts on GIRLICIOUS, the "Smiley Cookie," and ALASKA GROWN.) But I particularly enjoyed reading Prof. Marc Randazza?s own take on this common misunderstanding by trademark applicants in his blog post yesterday (link here) on The Legal Satyricon with respect to the pending intent-to-use trademark application for the mark COCKAHOLIC as well the pending opposition filed by a woman who claims prior user rights for having already used the same mark on T-shirts...


A Trademark Battle of the Brains

Posted on March 12, 2008
Exodus Film Fund I, LLC (?Exodus?), under the name Exodus Film Group, is the producer of an animated motion picture titled ?Igor? scheduled to be released in October 2008. One of the characters created by Exodus in connection with the movie is ?Brian the Brain? (pictured below), described as ?a scientific lab experiment consisting of a brain floating in a jar filled with liquid that sits on top of a base, who is frustrated because the label of the jar reads ?Brian? instead of ?Brain,? hence the name ?Brian the Brain...


Las Vegas Creator of HAREM BODY CHAIN Files Trademark Infringement Lawsuit Against eBay Competitor

Posted on March 07, 2008
On March 4, 2008, Trinity's Jewelry LLC filed a trademark infringement lawsuit in the U.S. District Court for the District of Nevada against Inquisition Tattoo, Inc. and its husband and wife owners, Tatiana Metaxa (aka Tatiana Eivin or Tatiana Metaxa-Rosenfeld) and Michael Metaxa (collectively, the "defendants")...


Motorola loses bid to federally register 911 Hz ?chirp? sound as a trademark

Posted on March 06, 2008
John Welch?s The TTABlog today wrote about one of my favorite subjects ? sound trademarks (see my prior post here regarding a sound trademark registration by Nokia).The Trademark Trial and Appeals Board upheld an opposition filed by Nextel Communications of an application by Motorola to register ?an electronic chirp consisting of a tone at 911 Hz played at a cadence of 25 ms ON, 25 ms OFF, 25 ms ON, 25 ms OFF, 50 ms ON? as a trademark for two-way radios...


Second Circuit rejects Ralph Lauren?s evidentiary appeal in trademark infringement lawsuit against the United States Polo Association

Posted on March 05, 2008
The U.S. Court of Appeals for the Second Circuit yesterday rejected the appeal by the owner of the famed Ralph Lauren brand to overturn a district court decision of non-infringement of three out of four trademarks used by the United States Polo Association...


Second Circuit renders final decision in BUKHARA ?famous marks doctrine? appeal ? Is the U.S. Supreme Court next?

Posted on March 01, 2008
In a decision that will undoubtedly come as no surprise to followers of this case, the United States Court of Appeals for the Second Circuit affirmed a New York district court?s decision to grant summary judgment in favor of the defendants on the issue of unfair competition under New York state law...


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