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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

Competing fitness clubs in trademark battle over being NAKED

Posted on February 29, 2008
The ?Naked Cowboy? isn?t the only ?naked? trademark dispute going on these days.DB 85 Gym Corp. (?DB85?) is the owner of David Barton Gym, a luxury health club and spa with locations in New York City, Miami, and Chicago. DB85 also owns the registered word mark LOOK BETTER NAKED (for hats and activewear goods and for health club services) which was registered on August 5, 1997, and which claims first use in commerce back to June 1992...

Nuvio file trademark infringement lawsuit against Garmin over NÜVIFONE

Posted on February 28, 2008
Various news stories reported on the press release issued today by Nuvio Corp. (?Nuvio?), an internet telephone company based in Overland Park, Kansas, announcing that it had filed a trademark infringement lawsuit against GPS maker Garmin Ltd. (?Garmin?)...

Chicago Cubs go after clubs watching Wrigley Field home games from nearby rooftops

Posted on February 26, 2008
On February 15, 2008, Chicago National League Ball Club, L.L.C., the owner of the Chicago Cubs Major League Baseball team (the ?Cubs?), filed a trademark infringement lawsuit in the U.S. District Court for the Northern District of Illinois against Thomas Gramatis as well as two companies owned and controlled by Gramatis -- Wrigley Rooftops III, L...

Seventh Circuit affirms District Court dismissal of trademark infringement dispute between JAPONAIS restaurant founders

Posted on February 25, 2008
On February 22, 2008, the Seventh Circuit Court of Appeals affirmed a district court?s dismissal of a derivative trademark infringement claim brought by a co-founder of the Chicago restaurant Japonais against his fellow co-founders using the Japonais name and trade dress at additional restaurant locations outside Chicago...

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District Court finds money clip seller liable for Trademark Infringement based on Initial Interest Confusion

Posted on February 21, 2008
What is a blogger to do when there is nothing interesting to blog about? Simple -- link to somebody's else blog posting.The E-Commerce and Tech Law Blog had a post today (link here) about a California district court decision last week finding trademark infringement based on "initial interest confusion" -- a topic of interest to many in trademark circles...

Ninth Circuit amends decision in Jada Toys v. Mattel to apply current dilution law and likelihood of dilution standard

Posted on February 21, 2008
The Ninth Circuit Court of Appeals issued an amended opinion today in the appeal of Jada Toys v. Mattel, Inc., No. 05-55627 (9th Cir. February 21, 2008). For good summaries of the original decision, see blog posts by Seattle Trademark Lawyer and Filewrapper Blog...

A trademark dispute over Cheesecake

Posted on February 18, 2008
On February 13, 2008, Cheesecake Factory, Inc., a New Mexico corporation doing business in New Mexico as ?Dee?s Cheesecake Factory? (?Dee?s Cheesecake?), filed a lawsuit against The Cheesecake Factory, Incorporated (?TCFI?), the owner of the restaurant chain ?The Cheesecake Factory,? in the U...

Yoko Ono speaks out about about LENNON service mark cancellation proceeding

Posted on February 16, 2008
I wrote on Wednesday (blog post here) about the cancellation proceeding initiated by Yoko Ono against Lennon Murphy, a heavy-metal musician who performs under the name LENNON and even registered the mark with the U.S. Patent and Trademark Office ("PTO")...

The Naked Cowboy Sues Over Cartoon M&M Ad Featuring His Likeness

Posted on February 15, 2008
Numerous news stories over the past few days (New York Post, CNN, and MSNBC) summarize very well the trademark infringement lawsuit filed by Robert Burck (better known as "The Naked Cowboy") against Mars, Incorporated, the makers of M&Ms candy, and Chute Gerdeman, Inc...

Yoko Ono seeks to cancel musician's registration of LENNON service mark

Posted on February 14, 2008
TMZ.com reports on the effort by Yoko Ono to stop heavy-metal artist Lennon Murphy from performing her music under the name Lennon.Murphy obtained a registration for the mark LENNON (for musical sound and video recordings and for entertainment services in the nature of live musical performances and providing online performances and information) on January 21, 2003 (claiming first use in commerce back to June 1997)...

Las Vegas? World Market Center embroiled in another trademark battle over WORLD JEWELRY CENTER

Posted on February 13, 2008
After my lengthy post yesterday, I am opting for a more succinct post today.I previously wrote about the lawsuit between the Las Vegas-based World Market Center (?WMC?) and Cost Plus World Market over the mark WORLD MARKET CENTER (link here). That post was based on an article authored by Las Vegas Business Press writer Valerie Miller...

Tenth Circuit affirms district court decision favoring 1-800-SKI-VAIL against Vail Ski Resort Owner

Posted on February 12, 2008
On February 7, 2008, a divided three judge panel of the Tenth Circuit Court of Appeals upheld a district court?s decision in favor of Vend-Tel-Co, Ltd. and Eric A. Hansen (together, ?VTC?), the owner of the vanity phone number "1-800-SKI-VAIL," in a service mark infringement lawsuit brought by Vail Associates, Inc...

Agri Beef subsidiary wins summary judgment of no infringement in trademark infringement lawsuit brought by Allen Brothers over AB mark.

Posted on February 08, 2008
On March 8, 2006, Allen Brothers, Inc. (?Allen Brothers?) filed a trademark infringement lawsuit in the U.S. District Court for the Northern District of Illinois against AB Foods LLC (?AB Foods?) alleging that AB Foods? use of the mark ?AB? in connection with the sale of meat products infringed Allen Brothers common law trademark rights to the ?AB? mark in connection the same goods in violation of §43(a) of the Lanham Act (15 U...

No Risqué evidence to be found in trademark infringement lawsuit over RISQUE VIDEO

Posted on February 06, 2008
On February 5, 2008, Risque Video, Inc. and Top Ten Video, Inc. filed a trademark infringement lawsuit in the U.S. District Court for the Eastern District of Pennsylvania against Super Video Plus, Super Video Plus of Blackwood, and Gary Koobrick (together ?Koobrick?)...

Second Circuit affirms lower court decision of no trademark infringement by American Express over ?MY LIFE. MY CARD.?

Posted on February 04, 2008
The Second Circuit handed down a per curium decision today which underscores the distinction between copyright and trademark law. See American Express Co. v. Goetz, Appeal No. 06-2184 (2nd Cir. February 4, 2008) (per curiam). A copy of the decision can be downloaded here...

NFL remains aggressive over SUPER BOWL while Patriots go for 19-0 THE PERFECT SEASON

Posted on February 02, 2008
Every year as the date of the Super Bowl draws near, it has become a perennial favorite topic in the trademark law arena to discuss the National Football League?s (?NFL?s?) notoriously aggressively enforcement of its SUPER BOWL trademark.Numerous stories in the past (see, e...

The TTAB?s insane decision to uphold Vanity Fair?s opposition against Vanity Insanity

Posted on January 31, 2008
John Welch?s write-up on The TTABlog reminds us that when it comes to dealing with the TTAB, ?We're not dealing with the real world here.?He summarizes the "insanity" behind the decision by the Trademark Trial and Appeal Board ("TTAB") to sustain oppositions filed by Vanity Fair magazine against pro se applicant Kelly C...

Trivia game maker sues Sony over Buzz! video game

Posted on January 30, 2008
The internet was buzzing (pun intended) today about the news of a trademark infringement lawsuit filed by a Carlsbad, California-based electronic trivia game company against Sony, the maker of a series of trivia video games for the Sony PlayStation 2 under the name ?Buzz!? Nearly all of the news reports of the lawsuit cite back to an article from Gamespot...

Vegas Condo-Hotel Management Company Sues Donald Trump for $1 Billion

Posted on January 29, 2008
On January 26, 2008, Nights at Vegas, Inc. (?NAV?), a Vegas-based real estate property management company, filed a lawsuit against Donald Trump, Trump Ruffin LLC, and Trump Ruffin Tower I LLC (together ?Trump?) seeking declaratory relief of non-infringement of trademarks as well as $1 billion in damages for alleged anti-trust violations, false promotion, and unfair competition...

Lulu dismisses trademark infringement lawsuit against Hulu

Posted on January 27, 2008
As expected, the trademark infringement lawsuit between Lulu and Hulu (previously blogged here and here) has apparently been settled with no monetary compensation changing hands. Bob Young, the outspoken founder of Lulu, apparently decided last month to dismiss the lawsuit voluntarily after Hulu representatives indicated to the court that it would not compete in the same arena as Lulu (namely, the business of distributing self-published works online)...

Fashion Maven Diane von Furstenberg Sues Target for Copyright and Trademark Infringement Over ?Spotted Frog? Design

Posted on January 25, 2008
The media was abuzz today about the lawsuit filed against Target Corp. (?Target?) by Diane von Furstenberg Studio, L.P. (?DVF?), the limited partnership established by Diane von Furstenberg in 1997 to sell her ?signature? line of dresses, over alleged copies of her famed ?wrap dresses? being sold at Target stores...

Company refiles trademark infringement lawsuits against two companies over Bob Marley name and likeness

Posted on January 25, 2008
While I?m not really a fan of the late reggae musician Robert Nesta Marley (aka Bob Marley), a lot of people are and this fame has made the late musician?s name and likeness very valuable to his heirs.A company named Fifty-Six Hope Road Music, Ltd. (?Fifty-Six Hope Road?), a Bahamas International Business Company which is owned and operated by Marley?s 12 children, owns the intellectual property rights to Bob Marley?s name and likeness...

Ninth Circuit gives copier companies second shot at Ikon/GE in complaint alleging false statements, antitrust violations, and racketeering

Posted on January 23, 2008
The Ninth Circuit today reversed a district court decision to grant a motion to dismiss a complaint brought by Newcal Industries, Inc., Pinnacle Document Systems, Inc. and Kearns Business Solution, Inc. (together ?Newcal?) against Ikon Office Solution and General Electric Corporation (together ?IKON?)...

Clint Eastwood files lawsuit over ?The Eastwood? home theater chairs

Posted on January 23, 2008
On January 16, 2008, Clint Eastwood filed a lawsuit in the U.S. District Court for the Central District of California against Palliser Furniture, Ltd, Palliser Furniture Corp. and several John Does (together ?Palliser?) over a line of home theater chairs manufactured and sold by Palliser under the name ?The Eastwood...

A Registered Trademark on CYBERLAW?

Posted on January 21, 2008
Eric Goldman?s Technology & Marketing Law Blog had a good post last Friday (link here) on the recent trademark application filed by a District of Columbia intellectual property attorney named Eric Menhart to register the mark CYBERLAW for legal services...

Play N Trade Franchisor Sues Former Franchisee for Trademark and Trade Dress Infringement

Posted on January 18, 2008
On January 17, 2008, Play N Trade Franchise, Inc. (?PNT?) filed a lawsuit in the U.S. District Court for the District of Nevada against Henry Mangio ("Mangio") and Henrob Inc.(d/b/a Trade n Play). See Play N Trade Franchise, Inc. v. Mangio et al, Case No...

Car Sticker Parody of famous INTEL INSIDE logo

Posted on January 17, 2008
Here is my pick for favorite trademark parody of the year (so far, anyway). I spotted it on the back of car today and it made me laugh (and definitely made me think of Intel?s famous INTEL INSIDE trademark ? although for the record I was not confused by it)...

SCRABBLE makers want to scrabble "Scrabulous"

Posted on January 16, 2008
The hot trademark story du jour was the news that the two toy companies that own the rights to the SCRABBLE game have sent a letter to Facebook, the popular online social networking website, requesting that it remove a popular online application named Scrabulous that resembles the famed board game...

Tobacco company ordered to pay attorney's fees for vexatious trademark infringement lawsuit

Posted on January 15, 2008
I?ve written before (link here) about the aggressiveness of tobacco companies in wielding their valuable trademarks to stop the sale of counterfeit cigarettes.The Rocky Mountain News ran a story yesterday by John Ensslin (link here) about one such action brought by one tobacco company against an Ethiopian immigrant...

Nathan's Famous Hot Dogs in Hot Water Over Over ?NOT DOGS?

Posted on January 14, 2008
On January 4, 2008, Northern Soy, Inc. (?Northern Soy?) filed a trademark infringement lawsuit against Nathan's Famous, Inc. (?Nathan?s?) in the U.S. District Court for the Eastern District of New York. See Northern Soy, Inc. v. Nathan's Famous, Inc., Case No...

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