Archive for April, 2009

Program Note

Monday, April 27th, 2009

Please note that, for some reason, the blog does not render very well in Internet Explorer.  (Thank Microsoft, not us.)  However, it renders correctly in every other Window-based browser.  Therefore, we recommend viewing the blog in Firefox, Safari or Google Chrome if you are using Windows.  Any questions, let us know.

CETAPHIL Success

Monday, April 27th, 2009

cetaphilWe are pleased to have been able to assist our client, Galderma, overcome a refusal from the USPTO claiming that the specimen submitted along with the application did not match the drawing.

After a first refusal and a response, a second, final refusal and Request for Reconsideration and a Notice of Appeal, the Examining Attorney finally withdrew the refusal.

You can view the file here.

Wikipedia Takes Legal Action

Sunday, April 26th, 2009

Wikimedia, owner of the WIKIPEDIA trade- or service mark, has threatened to take action against the owner and user of WIKIPEDIAART.ORG.  It seems that most commentators are doubtful about Wikimedia’s chances of success based on a Wikiepedia entry.

Octomom Seeks Trademark for … Well … OCTOMOM

Saturday, April 25th, 2009

Nadya Suleman, aka Octomom, has filed a trademark application for the mark OCTOMOM, ensuring her ability to make money from her moniker.

Her applications cover entertainment in the nature of on-going television programs in the field of reality shows in Class 41, disposable diapers in Class 16 and dresses; pants; shirts; textile diapers in Class 25.

You can access information about her application here and here.

Beware: She may have competition here.

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Liz Claiborne Loses Infringement Motion

Friday, April 24th, 2009

Yesterday, McKool Smith announced a partial summary judgment award in favor of its client against fashion house Liz Claiborne.

The court’s ruling may be found here.

The Big “O”

Friday, April 24th, 2009

Oprah Winfrey has started a little feud.  With Mutual of Omaha.  Apparently, though I was aware of it, Oprah uses (or used) the phrase the “Aha Moment,” for what goods or services I am not really sure.

Mutual of Omaha has been using the phrase “Official Sponsor of the Aha Moment” in its advertising for a few weeks or months now.

And Oprah doesn’t like it.

Just a few days ago, Oprah’s lawyers fired off a cease and desist letter to Mutual of Omaha demanding they shut down their plans to run a gigantic advertising campaign with the slogan, "Official sponsor of the aha moment."

In the letter, sent April 21, Oprah’s peeps claim they have the rights to the "Aha Moment" slogan and they threatened to sue because O doesn’t want Mutual to mislead her fans into thinking she’s associated with them.

But Mutual of Omaha is fighting back with a lawsuit, claiming that even if Oprah had trademark rights to the phrase, she "abandoned" those rights by failing to "police their alleged mark" when other businesses used it in the past.

New York Yankees Seek to Silence Steroid Critic

Tuesday, April 14th, 2009

The New York Yankees Partnership has opposed three (3) applications filed by our clients, Steven Lore and IET Products & Services, Inc.  Lombard & Geliebter LLP is pleased to be representing Mr. Lore and IET.

You may read the complete press release here.

Boutique Firms See Resurgence

Monday, April 13th, 2009

According to Bloomberg.com, corporatations are dropping high-priced Wall Street law firms in favor of mid-size and boutique firms (like us) who, most agree, offer far more value for the cost.

This is something we’ve known for a while.  Unfortunately, it took a global recession for the corporate to realize this.