Trademark Registration

Ridiculous Trademark Dispute of the Week: The Battle for “YUUUP!”

This week’s article is about an awesome reality show on the A&E television network and some rapper I’ve never heard of who hopefully falls off the face of the Earth sooner rather than later after stirring up this ridiculous trademark dispute.  For those of you who haven’t had the pleasure of watching “Storage Wars,” the show revolves around a bunch of competing auction hunters who bid on the contents of abandoned storage units after having only five minutes to conduct a visual inspection of the unit without being able to go inside and rummage through all of the stuff.  Now, I know that sounds about as interesting as watching someone cook a leg of lamb on the Food Network, but it is actually one of my favorite programs.  I mean, these guys are often risking thousands of dollars on trying to win storage lockers that might end up only containing costume jewelry and broken electronics rather than a safe stuffed with cash or rare antiques.  The best is when one of them thinks they hit the jackpot with a particular item but then later finds out it’s only worth a few bucks.  Call me mean-spirited, but sometimes failure is fun to watch.
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What are the Differences Between Trademarks, Copyrights, and Patents?

Trademark Copyright Patent

It has been my experience over the years that people are generally confused about the differences between trademarks, copyrights, and patents.  The general public tends to use these terms interchangeably as if they’re synonyms.  Well, it is my hope that this brief article will clear up any confusion you might have about these three forms of intellectual property and will allow you to show off to your friends and family about how smart you are.  And I’m not even asking for any credit.
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Trademarkville: A Place Where Zynga Files Lots of Trademark Oppositions

If you’re a fan of online or mobile gaming, then you’re probably very familiar with Zynga.  Zynga has provided people all over the globe with more ways to waste time than probably any other software company in recent memory.  In fact, many of you have probably spent what amounts to months of your life playing such games as “Words with Friends,” “Mafia Wars,” and “Hanging with Friends.”  What’s even more amazing is that Zynga has somehow convinced people to spend their hard-earned dollars on purchasing virtual cash from Zynga in order to progress through wildly popular games such as “Farmville” and “Cityville.”  I’m not kidding.  You actually use your credit card or PayPal account to buy fake money to spend within the game itself.  I don’t know about you, but I would be embarrassed to tell my friends and family that I spent real money developing a virtual farm for the purpose of growing virtual crops and raising virtual animals.  “Hey Dad!  Guess what?  I spent my allowance on a couple of bushels of simulated hay for my virtual horse.”  That would have been the end of my allowance.
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St. Louis Cardinals – 11 Championships. 30 Trademark Registrations.

In honor of the St Louis Cardinals’ unbelievable late season comeback and amazing Word Series victory, I am dedicating this week’s post to looking at the early history of the Cardinals’ trademarks and federal trademark registrations.  You know, especially since neither Fox nor ESPN is going to bring you this type of hard-hitting and eye-opening coverage.  Hey, I’m just filling the void and giving Cardinals fans what they want.
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Does Owning a Federal Trademark Registration Mean I Can’t Be Sued For Trademark Infringement?

Many people assume that once they have a federal trademark registration, they can never be sued for trademark infringement.  Unfortunately, trademark law doesn’t quite work that way.  Even having a trademark registration does not guarantee that you have the right to use your trademark under all circumstances.
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Is Chrysler’s IMPORTED FROM DETROIT Trademark Primarily Geographically Descriptive? One Intellectual Property Thief Thinks So.

If you watched the Super Bowl last February, you may remember the gritty two-minute commercial produced by the Chrysler automobile company featuring rap superstar Eminem driving a brand new Chrysler 200 through the streets of Detroit.  With Eminem’s huge hit “Lose Yourself” playing in the background, the narrator basically talks about how the Motor City is back after suffering many years of declining sales, factory closures, and job losses due to strong competition from foreign auto manufacturers.  At the end of the commercial, the tagline IMPORTED FROM DETROIT is placed prominently above the Chrysler name and logo.  The multimillion dollar spot (which was likely partially paid for with your tax dollars thanks to the federal auto bailout) was well-received by the American public and was widely praised in the media as being one of the best commercials during the Super Bowl.  Although I’m no Eminem or Chrysler fan, I have to admit that the advertisement was very effective, and I must not be the only one seeing that Chrysler now has a website dedicated to the IMPORTED FROM DETROIT tagline, on which it advertises its vehicles and sells a wide range of merchandise and novelties bearing the mark.
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Is APP STORE Generic? The Trademark Battle Between Microsoft and Apple Continues…

This week’s blog post presents a good illustration of (1) the inconsistency of the Trademark Office, and (2) why I continue to believe that Apple’s APP STORE “trademark” is as generic as the day is long.

If you’ve been diligent about following the world’s greatest trademark blog, you may remember that I wrote an article back in July 2010 about Apple’s attempt to federally register the phrase APP STORE.  To refresh your memory, Apple’s trademark application was initially rejected by the Trademark Office on the basis that APP STORE is merely descriptive of an online store that sells software applications.  After submitting arguments and an enormous amount of evidence (over 500 pages), the trademark examining attorney responsible for reviewing the application was persuaded that the highly descriptive trademark APP STORE had acquired sufficient distinctiveness and secondary meaning in the minds of consumers to be eligible for federal registration.  However, during the publication period, the Microsoft Corporation filed an opposition against Apple’s application on the basis that APP STORE is generic for an online store that offers software applications and, therefore, is legally incapable of identifying and distinguishing Apple’s services from those of its competitors.  The opposition between Microsoft and Apple is still pending and, according to the records, Apple has recently requested that an oral argument on Microsoft’s Motion for Summary Judgment be scheduled by the Trademark Trial and Appeal Board.  As of today, it does not appear that Apple’s request has been granted.
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St. Louis Trademark Dispute: Are MANGIA ITALIANO and MANGIA MOBILE Confusingly Similar Trademarks?

I have to thank my girlfriend Karen for bringing this tasty St. Louis trademark dispute to my attention earlier this week.  The plaintiff in the case is a restaurant located in the Tower Grove neighborhood of St. Louis by the name of Mangia Italiano.  According to various local news reports (see here and here), Mangia Italiano has been continuously using the trademark MANGIA ITALIANO in connection with an Italian restaurant for nearly three decades.  Mangia Italiano was actually one of the first restaurants I tried when I moved to St. Louis in 2002 since it was only about a mile from my apartment.  Unfortunately, pretty much everything about it sucked and I’ve never been back since.  I strongly advise you to stick to The Hill district of St. Louis if you want some decent Italian food.  Let me recommend Cunetto House of Pasta and Zia’s.
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Trademark Registration Happenings: Is Red Robin Becoming a Trademark Bully?

Red Robin Trademark

This week’s post combines my two of my favorite things in life: burgers and trademarks.  Red Robin is a casual family-friendly dining chain known primarily for its “gourmet” burgers and bottomless steak fries.  It also offers a wide variety of salads, chicken sandwiches, soups, wraps, and appetizers.  I’ve eaten at Red Robin on numerous occasions and I almost always order the delicious “Burnin’ Love Burger,” which consists of a cayenne-seasoned beef patty topped with salsa, fried jalapenos, pepperjack cheese, lettuce, tomato, and chipotle mayo served on a jalapeno-cornmeal kaiser roll.  Sometimes, if I’m really hungry, I’ll add a second hamburger patty to that bad boy and maybe ask for a small refill on the fries.  So, if you ever notice that I haven’t uploaded new blog posts for a few weeks straight, it’s likely safe to assume that I either suffered a massive coronary or am dealing with debilitating heartburn.  Either way, it was worth it.
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Trademark Registration Tip: What is a Request for Reconsideration?

As I have written about previously, it is very common to receive a communication from the Trademark Office within 3-4 months after submitting your trademark application.  This communication is referred to as an “office action,” and it is basically a document that informs you of the status of your application.  The office action will raise one or more issues that need to be addressed before the trademark examining attorney will allow your trademark application to proceed to publication.  If you fully and properly address each issue to the satisfaction of the trademark examining attorney, then your application moves along in the registration process.  If your response is inadequate or lacking in some manner, then the trademark examining attorney will send out a second office action making the refusal to register your trademark FINAL.  This is where a Request for Reconsideration comes into play.
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