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Nikki Siesel
1,042 followers -
Attorney at Law
Attorney at Law

1,042 followers
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Burger King opens its first outlet in India while trademark litigation continues....

Burger King sought a permanent injunction against a number of parties in India for using the BURGER KING mark. A counter claim was filed by the Indian company and it remains unresolved. Reportedly Burger King has maintained a trademark registration in India since 1979. However, common law rights are recognized in India. The case will turn on who used the mark first. The Delhi High Court will decide the case.
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Enormous Trademark Infringement Award of $62 million issued by U.S. District Court in Tampa against U-Haul International...

On September 25, 2014 a jury awarded PODS Enterprises a $62 million award against U-Haul (for trademark infringement) which consisted of $46 million in damages and $16 million in profits. PODS Enterprises was seeking approximately $170 million from the jury. It is not clear whether U-Haul will appeal.
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Five of the Top Intellectual Property Offices Join Together...

The Trademark Offices of the US, European Union, Japan, China, and South Korea have created a cooperation framework to exchange information on trademark related matters. The cooperation framework is known as TM5 and has a supporting website at www.tm5.org. One of the objectives is the improvement of trademark procedures, as well as cooperation and collaboration among the members on trademark issues. 
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The USPTO offers new resources on its website...

The United States Patent & Trademark Office recently added an informative new page to its website. Useful information can be found in connection with trademark prosecutions and also find helpful tips in regard to Cease & Desist letters, as well as infringement actions.
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Monster Beverage Corp. faces lawsuit of 1.2 million filed by Universal Music Group...

The story begins with Monster Beverage Corp. using Beastie Boys songs in a snowboarding video that was uploaded to YouTube. The jury awarded the Beastie Boys $1.7 million for copyright infringement and false endorsement. The story continues with two of Universal's music group units that co-own the music with the Beastie Boys, filed a lawsuit in NY federal court 3 months after the Beastie Boys were awarded the $1.7 million this past Wednesday.
The case is Capitol Records LLC v. Monster Energy Company, U.S. District Court, Southern District of New York, No. 14-cv-7718.
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Can the term TRADEMARK actually be trademarked for apparel?

Apparently, the answer is yes. Tory Burch's former step daughters have done just that by filing two intent-to-use trademark applications with the USPTO. They are seeking to register the term TRADEMARK for retail stores featuring clothing, jewelry, leather goods, bags, and eyewear, and for apparel in International Class 025. Although the application has not yet matured to a registration, it has passed the Examiner's review and publication (the two biggest obstacles in a trademark prosecution). The Burch sisters, now only need to prove that they are using the mark in commerce before the applications will move to registration.
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Nebraska's Creighton University's mark for the BLUE JAYS angers baseball organization

The University applied to the USPTO to register several variations of a design mark of a Blue Jay's head (click the link below to view the marks) in association with athletic apparel. The owner of Toronto's major league baseball team, the Blue Jays has filed a notice of opposition against one of the marks. The grounds are likelihood of confusion with its prior registered marks (one of the 70+ trademarks it owns). It doesn't look like Creighton University will fare well in this battle.
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ALS abandons their trademark application for ALS ICE BUCKET CHALLENGE

Only seven days after the trademark application for charitable fundraising was filed, ALS abandoned the mark (ALS ICE BUCKET CHALLENGE). Some thought it was uncharitable of ALS to deprive other organizations of the opportunity to use the mark and raise funds. Apparently, ALS did not consider the public relation ramifications associated with filing this trademark. It has been reported that ALS was not the first charitable organization to use the term in commerce. If this is the case then, can they make a claim of ownership to a term they didn't create and possibly did not use first?
This in addition to the PR backlash may explain the withdrawal of the trademark application.
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IKEA the victor in a court case, prevailing against a fan site using its trademark...

The U.S. District Court Eastern District of Virginia dismissed a lawsuit filed by an IKEA fan site that was seeking a declaration that it could continue to use the domain ikeafans.com. For seven years the fan site and IKEA maintained an amicable relationship. However, the relationship soured in 2012. It was alleged that the fan site was running ads for competing home furnishing stores. Most corporations will review a fan site on a case-by-case basis to determine if it is fair use. The quickest way to anger a corporation/brand is if the fan site misleads visitors as to an affiliation with the brand or corporation. Here, the ikeafans.com site stepped over a boundary by posting ads for competitors of IKEA.
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Misappropriation of Artwork? Artist sues in NY Federal Court, making claims against Coach and others...

Artist Maya Hayuk sues Coach and pop artist Sara Bareilles and her record labels, Sony Music and Epic Records for copyright infringement for allegedly misappropriating her artwork. The claim is that Coach and Sara Bareilles used the artist's vibrant mural as a backdrop for advertisements and promotional materials without her consent. Click on the link below to the beautiful artwork in question. The suit was filed on August 20, 2014 and the artist is seeking $150,000 in damages from Coach and Bareilles.
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