Posts in Trademark

Fraud Leads to Lost Trademarks and Patents

Today you can hardly do a search on any search engine on the topic patents or trademarks without stumbling across an ad from LegalZoom.com, or one of the other numerous companies that promise to prepare and file patent or trademark applications on your behalf.  On September 15, 2008, the United States Patent & Trademark Office issued new rules that should have…

Comparative Advertising: Mac vs. PC

Personally, I think the PC VS Mac commercials are right on. The thought that Microsoft would put out a product that requires their users to potentially need to purchase all new software and hardware components for their PCs is rather baffling. The fact that they are willing to budget hundreds of millions of dollars to advertise a product that does not work nearly as well as it should and is not compatible with most software and hardware currently on the market, is almost surreal.

Second Life Avatar Receives Trademark

Jennifer L. Fessler, an associate at the intellectual property law frim Grossman Tucker Perreault & Pfleger, PLLC, was recently successful in obtaining a trademark for a client for a Second Life® (SL) avatar.  The US Trademark Registration 77110299, which received approval on November 11, 2008, relates to the Aimee Weber avatar that has become identifable with the virtual world content services provided…

Branding With Dale Jr. Sells Amp

As the NASCAR Sprint Cup Seriescomes to a close Dale Earnhardt Jr. finds himself in 10th place and has no chance to win the Cup.  While he has had another solid year this year, finishing in the top 5 in 10 races and in the top 10 in 16 races, his fans are likely a bit disappointed and already rooting…

“Out of the Closet” Trademark Settlement

AIDS Healthcare Foundation (AHF) the largest AIDS organization in the US and operator of the popular and award winning fundraising “Out of the Closet” thrift store chain in California and Florida, has reached agreement to resolve the issue of trademark infringement with the operator of a private, for-profit Alaska consignment shop of the same name that was cited by Republican…

Trademarks Create Valuable Assets

Earlier this month Activision filed a trademark registration for “Guitar Hero Modern Hits.”  Guitar Hero is the massively popular video game that allows you to try and keep up with the music and play like a legend.  According to Wired, 90% of children surveyed want Guitar Hero for Christmas.  So obviously it makes sense for Activision to file trademak applications…

Red Bull Wins Trademark Lawsuit

The Wet nightclub, a popular Chicago bar, was ordered to pay over $500,000 in damages after people working undercover for Red Bull ordered drinks that mixed Red Bull with vodka but were served another energy drink.  The act of serving a less expensive energy drink and telling customers it was Red Bull undoubtedly caused damages to Red Bull.  Whenever any product is being…

Dick’s Sporting Goods Acquires Maxfli

Several news outlets are reporting that Dick’s Sporting Goods has acquired the Maxfli brand from Adidas’ TaylorMade golf unit.  In at least one particular news report from the Pittsburgh Tribune Review it was reported that Dick’s Sporting Goods purchased the trademark.  While this is likely descriptive enough for everyone to know what happened, I figured I would take this opportunity…

McDonald’s Burgers & Burger King Fries

I would love to open up my own business selling McDonald’s Burgers and Burger King Fries. But such an endeavor would probably be so costly to “do it my way.” But I have to give Joey credit. He’s quite innovative for an 11 year old boy.

Subway… More Meat? Right!

Who would not want to buy a sub or sandwich that looks like the subs that are shown on the Subway website, or those that are shown on their popular TV commercials? But who among us has ever received a sub or sandwich from Subway that looks anything like those that they promote in their advertising? I know that I have never once seen a sub like those. Simply said, based on my experiences it is my belief that Subway advertising is laughably misleading.

Chuck Norris Sues Penguin Group

On December 21, 2007, Chuck Norris sued Penguin Group in the United States Federal District Court for the Southern District of New York over a book they published in November 2007 titled The Truth About Chuck Norris: 400 Facts About the World’s Greatest Human. Norris is also suing author Ian Spector who runs several websites that promote the book. The basis for the book and the websites are mythical rumors.