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Intellectual Property Law

Seattle Trademark Lawyer

Reports on trademark law developments from Seattle and beyond. Covers trademark infringement, dilution, cybersquatting, right to publicity, domain name disputes, and the like, with an emphasis on happenings in the Seattle area and Ninth Circuit.
By Michael Atkins

Post Frequency: 5.4/day

Last Entry: March 30, 2011 at 00:20:04

Frito-Lay Opposes Roller Derby Skater's Application to Register CRACKERJACK

Posted on April 13, 2009
Remember Starbucks’ TTAB tangle with the Rat City Rollergirls? (See STL posts here and here.) Looks like another roller-rink trademark dispute may get going. Roller derbier Colleen Bell, a/k/a “Crackerjack,” applied to register her nickname as a trademark with the U...

Ninth Circuit Affirms Award of Fees to World Triathlon Corporation

Posted on April 09, 2009
In 2006, the District of Hawaii granted summary judgment in favor of World Triathlon Corporation on its trademark infringement claims against John Dunbar and a number of other individual defendants doing business as the “Hawaiian Ironman Triathlon Organizing Committee...

The Circle-R Symbol Must Be Earned; the Lanham Act Should Punish Misuse

Posted on April 08, 2009
One example of many: The applied-for CarbonZero and Designmark is unregistered but nonetheless displays the Circlce-R symbol. The Circle-R symbol indicates that a mark is federally registered. It’s irksome when parties use it without having met the rigors needed for its lawful use...

"Generic" May Not be the Best Trademark, But It's Not Generic at All

Posted on April 07, 2009
When adopting a new trademark, owners usually run from generic terms. Since generic terms aren’t protectable, the owner of BOWL-brand bowling alleys, for example, won’t make much headway attempting to protect its “brand” against use by competing bowling alleys...

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Cricket and Hipcricket Settle Trademark Infringement Lawsuit

Posted on April 05, 2009
STL’s reported (here) on Cricket Communications’ trademark infringement lawsuit against Hipcricket, as well as the Western District’s denial of Hipcricket’s request to assert a supplemental counterclaim against Cricket (here)...

Mitchell Study on Trademark Litigation: Another Valuable Online Resource

Posted on April 01, 2009
Yesterday, Prof. Kenneth Port of William Mitchell College of Law unveiled the online, searchable Mitchell Study on Trademark Litigation. Here’s how he describes it: “In this study I compile and report on all 2,762 reported cases under the Lanham Act since its inception in 1947 that terminated a trademark law suit...

Court Grants 56(f) Continuance in Bicycle Components False Advertising Case

Posted on March 30, 2009
In Campagnolo S.R.L. v. Full Speed Ahead, Inc., well-known bicycle component manufacturer Campagnolo claims that Woodinville, Wash.-based Full Speed Ahead has made misrepresentations about the stiffness-to-weight ratios of the parties’ bicycle cranksets...

Ninth Circuit Affirms Trademark Infringement Fees Award

Posted on March 29, 2009
On March 24, the Ninth Circuit affirmed the District of Nevada’s award of attorney’s fees to the plaintiff trademark owner in Invision Production & Media Services, Inc. v. Glen J. Lerner Legal Services. This is the second time the court has considered the issue...

Court Dismisses Three Individuals from Suit Over "Copycat" Theater Troupe

Posted on March 25, 2009
Promotional graphic from defendants’ Web site Who can forget the Moscow Cats Theatre case? Plaintiffs Yuri and Dimitri Kuklachev sued their former producer, several performance venues (including the Seattle Repertory Theatre), two ticket outlets, and a number of individuals for their alleged involvement in promoting a competing cat show under plaintiffs’ “Moscow Cats Theatre” name...

Embedding Hyperlinks in Court Filings: A Great Leap Forward

Posted on March 24, 2009
I recently received a notice from the Eastern District of Washington’s electronic filing system saying I can now file documents with hyperlinks to other documents within the system. This means I can file a brief that cites to my witness’ declaration and make that testimony accessible with a click...

The "Dawn Donut Rule" Fifty Years Later: Still Relevant Today?

Posted on March 24, 2009
Partner, professor, and philosopher Bob Cumbow explores trademark “use” in a forthcoming article in ABA’s Landslide magazine. In “Use Is the New Protectability, Dawn Donuts Are Still Hot This Season, and Other Trademark Issues,” Bob revisits Dawn Donut fifty years after the Second Circuit decided the case...

Sharp Dissent Over Laches Analysis in Ninth Circuit Trademark Case

Posted on March 22, 2009
In Internet Specialties West, Inc. v. Milon-Digiorgio Enterprises, Inc., the plaintiff owner of ISWest.com alleged that defendant’s use of ISPWest.com infringed its trademark rights. Both parties use their domain names in connection with their competing Internet service provider services...

A Brief History of March Madness: the Trademark

Posted on March 18, 2009
It’s that time of year. Spring’s around the corner, basketball’s on the tube, and many hours of work are about to be wasted. With me off to Vegas in two days, I’m in the throes of March Madness. Big time. So how did “March Madness” come about — as a trademark? The Fifth Circuit provided a pretty comprehensive answer a few years ago in March Madness Athletic Association, LLC v...

Wisconsin's "Live Like You Mean It" Slogan Faces (Misguided) Resistance

Posted on March 17, 2009
Yesterday, Wisconsin announced a new promotional slogan: “LIVE LIKE YOU MEAN IT.” According to an AP story, some trademark owners lost little time criticizing the selection, noting they already have adopted the phrase to promote real estate, clothing, a diet book, and dietary supplements...

Ruminating Over Trademark Registrations

Posted on March 16, 2009
A colleague passed on a link to a great post about how it pays to think like a PTO examining attorney. When you’re trying to get your client’s trademark registered, that is. Turns out the post was one of the first in a fine new blog called Registration Ruminations, published by former PTO examining attorney and Virginia solo practitioner Michael Hall...

Losing Seattle Post-Intelligencer Will Hurt Public and Trademark Community Alike

Posted on March 15, 2009
The Seattle P-I: It’ll be a sad day when the printing presses stop. This week may mark the end of the the 146 year-old Seattle Post-Intelligencer, one of two daily newspapers here. The loss of jobs — and, more importantly, the loss of viewpoints — will impoverish our city...

Blogging Slowdown Appears Over

Posted on March 15, 2009
I’m happy to say I’m over the hump. After a trial and trademark law classes three times a week, I’m as ready for spring break as my students. I knew I’d have to slow down my posting a little, but hopefully that’s now behind me...

AdJuggler Obtains Default Judgment in Trademark Case Against Adjog.com

Posted on March 10, 2009
In 2008, AdJuggler, Inc., sued Adjog.com in the Western District for trademark infringement, cybersquatting, and other forms of unfair competition. AdJuggler places online advertisements. It alleged that Adjog.com registered the Adjog.com domain name and began using ADJOG on a Web site in connection with “various services including ad serving and ad serving management and related solutions on the Internet...

Experience Hendrix Sues Company with Alleged Connection to Enjoined Promoter

Posted on March 08, 2009
Experience Hendrix, LLC, has sued HendrixLicensing.com, Ltd., d/b/a Hendrix Artwork, for trademark infringement. The complaint, filed in the Western District on March 5, alleges that HendrixLicensing.com and its owner, Andrew Pitsicalis, sell products under the HENDRIX, JIMI HENDRIX, and HENDRIX ARTWORK word marks, and Jimi Hendrix “headshot” and “signature” design marks...

Laughing Rabbit Settles One Western District Trademark Suit; Files Another

Posted on March 05, 2009

X On Wireless Cries Uncle, Abandons Mark and Settles with Exxon Mobil

Posted on March 03, 2009

Western District Denies Hipcricket's Motion to File Additional Counterclaim

Posted on March 01, 2009

Save the Date for "Meet the Bloggers V" at INTA - Seattle on the Waterfront

Posted on February 25, 2009
The offices of Graham & Dunn, on Pier 70 in lovely Puget Sound:Site of the upcoming “Meet the Bloggers V”!! Doing my best to carry on the tradition started by my betters, STL is proud to host “Meet the Bloggers V” during this year’s International Trademark Association annual meeting — which not coincidentally is being held right here in Seattle...

Seattle Craft Microbrewery Resolves Trademark Dispute by Changing Its Name

Posted on February 24, 2009
Smouha Fabrics’ Lucky Buddha (left) and Laughing Buddha’s beer bottles On Feb. 24, Seattle craft microbrewery Laughing Buddha Brewing Co. announced it has agreed to resolve a trademark dispute with Smouha Fabrics, owner of the Lucky Drink Company of Australia, by changing its name...

Seattle's Gary Locke May Become New Commerce Secretary

Posted on February 23, 2009
Seattle’s own Gary Locke may become Commerce secretary, the AP writes today. That would put Washington’s former two-term Democratic governor in charge of the Patent and Trademark Office. Or at least in charge of the folks who are in charge...

Western District Denies Rose Art's Motion for Award of Fees Following Dismissal

Posted on February 22, 2009
In 2007, PlastWood SRL sued competing toy maker Rose Art Industries, Inc., in the Western District, alleging that many of the structures depicted on the packaging of Rose Art’s Magnetix-branded magnetic construction sets could not be built and collapse under their own weight...

Federal Circuit Reverses $8 Million False Advertising Award in Baden v. Molten

Posted on February 19, 2009
On Feb. 13, the Federal Circuit reversed Western District Judge Marsha Pechman’s denial of judgment as a matter of law in Baden Sports, Inc. v. Kabushiki Kaisha Molten, 541 F.Supp.2d 1151 (W.D. Wash. 2008), relating to the jury’s award of $8,054,579 for false advertising under Section 43(a) of the Lanham Act...

Can Tort Theory Enable Plaintiff to Recover UDRP Filing Fees?

Posted on February 17, 2009
Here’s a novel legal theory: Cybersquatter registers a domain name that infringes the trademark owned by Owner. Owner prevails in a UDRP arbitration and the panel transfers the domain name to Owner. Owner is as whole as the UDRP can make it. But Owner is out the (not insubstantial) amount it paid to file the complaint...

Hendrix Clan Settles Trademark Lawsuit; Plaintiffs Get Injunction and $3.2 Million

Posted on February 17, 2009
Does this mean the parties have made nice? Probably not, but on Feb. 12, the Western District entered a stipulated Supplemental Judgment and Permanent Injunction ending the Hendrix family’s trademark dispute in Experience Hendrix, LLC, v. Electric Hendrix, LLC...

Ninth Circuit Finds "First Publication" Exclusion Applies to Infringement Claims

Posted on February 10, 2009
On Feb. 2, the Ninth Circuit addressed whether the “first publication” exclusion contained in an insurer’s excess insurance policy applied to an insured’s injury arising from a third party’s trade dress claim. Sunset Health Products, Inc...

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