Armstrong Foundation Sued
Posted on May 10, 2008
Filed Under Trademarks | Leave a Comment
An Oklahoma man has sued the nonprofit foundation created by Lance Armstrong for patent infringement over black and yellow dog collars showing the “LiveStrong” logo.
Chris Ohman claims that the Lance Armstrong Foundation’s collars violate a December 2007 patent filed by Chris Ohman for a “pet collar with an embossed slogan for encouraging charitable contributions,” according to court papers filed April 30 in an Oklahoma federal district court.
In September 2007, the Lance Armstrong Foundation sued the Animal Charity Collar Group alleging trademark infringement for the group’s selling of Ohman’s yellow pet collars imprinted with slogans such as “BarkStrong” and “PurrStrong.” After the foundation filed suit, Ohman filed for the patent that he now alleges is being violated.
Adidas Wins Trademark Dispute
Posted on May 7, 2008
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German footwear company, Adidas AG, has won $305 million in damages from Topeka-based Collective Brands Inc., which operates Payless and Stride Rite shoe store chains. Collective Brands called the award “excessive.” Naturally, Adidas is happy with the result. ”The three-stripes are paramount to the Adidas brand, and a very strong and popular brand symbol globally,” spokeswoman Anne Putz wrote in an e-mail. “It is very satisfying for the three stripes to be recognized as a strong trademark after the court heard detailed evidence over more than three weeks.”
The dispute involved Adidas’ three-stripe logo.
BMS to Sell Unit
Posted on May 3, 2008
Filed Under Business of TMs, General, Pharmaceuticals | Leave a Comment
My former employer, Bristol-Myers Squibb Co., has announced it is selling its ConvaTec unit for $4.1 billion to two private equity firms: Nordic Capital and Avista Capital Partners. ConvaTec had been Bristol-Myers’ ostomy and surgical equipment.
Apparently, cash will be used to help finance Bristol-Myers’s strategy to shift its focus to biopharmaceuticals.
Indication of Origin?
Posted on April 30, 2008
Filed Under International, News | Leave a Comment
Three islanders from Lesbos — home of the ancient poet Sappho, who praised love between women — have taken a gay rights group to court for using the word lesbian in its name.
One of the plaintiffs said Wednesday that the name of the association, Homosexual and Lesbian Community of Greece, “insults the identity” of the people of Lesbos, who are also known as Lesbians.
“My sister can’t say she is a Lesbian,” said Dimitris Lambrou. “Our geographical designation has been usurped by certain ladies who have no connection whatsoever with Lesbos,” he said.
The three plaintiffs are seeking to have the group barred from using “lesbian” in its name and filed a lawsuit on April 10. The other two plaintiffs are women.
The Battle Goes On…
Posted on April 19, 2008
Filed Under Descriptiveness, Technology, Trademarks, USPTO | 1 Comment
In the latest round of conflict between Facebook founder, Mark Zuckerberg, and his former classmate, Aaron Greenspan, Greenspan is challenging Zuckerberg’s right to use the trademark FACEBOOK.
The quibble is less about ownership of the trademark and more a reply to the imaginary billionaire’s legal SWAT team. They have been putting the frighteners on Greenspan’s memoir, in what he alleges is an attempt to suppress its contents.
Check out the Petition to Cancel here.
Ben vs. Yoko
Posted on April 18, 2008
Filed Under Amusing, Copyrights, Entertainment, Fair Use, First Amendment | Leave a Comment
Apparently the producers of “Expelled: No Intelligence Allowed” have “incurred the wrath” of Yoko Ono for using 25 seconds of the song “Imagine” in their movie, “Expelled: No Intelligence Allowed,” which opened today.
Categorizing the issue as a First Amendment issue, we presume that they intend to inform us that they consider it to be a fair use issue.
QuikSilver Wins ROXY Battle
Posted on April 18, 2008
Filed Under Litigation, Trademarks | Leave a Comment
On Wednesday, Quiksilver Inc. announced it had won a 6 year trademark battle against Kymsta Corp.
The decision stems from a 2002 lawsuit Quiksilver brought against Kymsta, which makes women’s clothing under the Roxywear, Roxywear by Roxanne Heptner and Roxywear by Roxx brands. Quiksilver also sells clothing under the brand name ROXY.
Kymsta has 18 months to phase out its use of Roxywear, Roxywear by Roxanne Heptner and Roxywear by Roxx. Thereafter, it cannot use the marks.
Gucci Wins TM Battle in China
Posted on April 17, 2008
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According to Chinese state television, Gucci has won a trademark copycat lawsuit against a Chinese shoemaker, the state media said Tuesday, helping the luxury goods maker’s battle in a country where knockoff designer gear is widely available.
Senda Group was ordered to pay Gucci 180,000 yuan (US $26,000) in compensation for infringing on the Gucci trademark featuring an interlocking “GG,” according to the ruling handed down Monday by the People’s Court of Shanghai Pudong District.
This is a good success in a country known for rampant counterfeiting.
Court Tackles Metatags…Again
Posted on April 16, 2008
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Axiom Worldwide acknowledged that it used two of North American Medical Corp.’s registered trademarks—the terms “Accu-Spina” and “IDD Therapy,” references to treatments for back pain—as meta tags for its own Web site.
According to the 11th Circuit opinion by Judge R. Lanier Anderson III, a computer user who entered the trademarked terms into a Google search would turn up Axiom’s Web site as the second most relevant search result. Google also provided the searcher with a brief description of Axiom’s site that included and highlighted the trademarked terms.
“This, of course, is misleading to the consumer because Axiom is not related in any way to NAM, nor does Axiom distribute or sell the products of NAM,” wrote Anderson, joined by Judge Susan H. Black and Senior Judge James C. Hill.
Despite this language, the court vacated the lower court’s injunction. Nonetheless, the court’s language could have implications for future decisions.
2007 a Record Year
Posted on March 2, 2008
Filed Under Business of TMs, International, Trademarks, WIPO | Leave a Comment
According to the World Intellectual Property Organization (WIPO), 2007 was a record year for international trademark filings. According to the organization, 39,945 international trademark applications were filed in 2007.
Applicants from Germany, for the 15th consecutive year, led the list of top filers, followed by users in France, the United States of America (USA) and the European Community (EC). China remained the most designated country in international trademark applications reflecting increasing levels of trading activity by foreign companies in China.
Filings from U.S.-based applicants increased by 18.8% (9.4% of all filings) - making the U.S. the third top filer of WIPO applications in 2007.
Top country filers were:
1. Germany
2. France
3. U.S.A.
4. Italy
5. Switzerland
6. Benelux
7. China
8. U.K.
keep looking »