Archive for March, 2011

Apple Now Takes on “Apps Store”

Thursday, March 24th, 2011

In addition to suing Amazon.com over its launch of App Store, Apple is now taking on the porn world.

According to the article, Apple has sent a cease and desist order to Android-based adult service company MiKandi over its use of the term Apps Store.

[Note:  It seems that MiKandi has acquiesced and changed the name to App Market.  See here.]

Also see here.

Apple is spending lots ‘o $$.

Apple Sues Amazon

Tuesday, March 22nd, 2011

Apple is spending a lot of money in connection with its claimed App Store trademark.  Microsoft has opposed Apple’s trademark application for App Store.

Now Apple has filed a lawsuit against Amazon claiming that Amazon’s use of Amazon Appstore infringes Apple’s App Store.  A copy of the complaint may be found here.

From the complaint:  ”Recently, Amazon has begun improperly using Apple’s APP STORE mark in connection with Amazon’s mobile software developer program.”  ”Amazon has also taken actions which, on information and belief, evidence Amazon’s intent to improperly use Apple’s mark in connection with Amazon’s mobile software download service. Amazon’s present and intended uses are unauthorized and unlawful.”

No offense to Apple, as I write this on my MacBook Pro, but from my perspective, App Store is not particularly distinctive.  ”App” = “application” and “store” = well, “store”.

These cases will prove to be interesting.  However, from a practical perspective, I am not sure how much time and money Apple should spend to protect what is an arguably weak mark – assuming it even functions as a trademark.

[It is interesting to note that the U.S. Patent & Trademark Office refused registration of GREEN APP STORE as merely descriptive.]

Limited Brands v. Summit Entertainment

Tuesday, March 22nd, 2011

In response to a cease and desist letter from Summit Entertainment, the producer of the Twilighht series of films, Limited Brands (parent company of the Bath & Body Works stores) has filed a lawsuit seeking injunctive relief, that is, a declaration of non-infringement.

Summit Entertainment’s cease and desist letter claimed that Limited Brands’ use of the “Twilight Woods” name on one of its Bath & Body Works lines for personal care products.  Bath & Body Works introduced the “Twilight Woods” line in September 2009. It includes body lotion, shower gel, eau de toilette and hand soap. The scent is described as: “Apricot nectar, mimosa petals, and Tuscan cypress combine to create this hypnotic fragrance inspired by a romantic walk in enchanted woods.”

From our perspective, unless B&BW’s products contain blood as an ingredient, Summit is stretching the limits of trademark protection.

Source.

A Dot Com (gTLD) Collapse?

Monday, March 21st, 2011

Unlikely.

Considerations in Naming a Business

Sunday, March 20th, 2011

Richmond Times-Dispatch

U.S. Patent & Trademark Office Records Reveal Visa Concealment

Saturday, March 19th, 2011

Interestingly, the records of the U.S. Patent & Trademark Office have revealed that Visa has made misstatements regarding the vulnerability of RFID chips currently placed in consumer credit cards.

Credit card companies recently contacted denied “electronic pickpocketing” is a legitimate issue for consumers.  However, in 2006, in a Visa patent application, Visa’s director of product development warned that, “unfortunately, due to the wireless nature of the contactless portable electronic devices, it is entirely possible that a contactless reader may be used for surreptitious interrogation (e.g., data skimming).  In addition, it is conceivable that a contactless reader may be developed or modified to generate a much greater RF signal strength and sensitivity and thereby increase the standard range.”

The director went on to describe the RFID cards’ susceptibility to electronic pickpocketing as “a major concern for consumers and businesses alike.”

He also suggested the problem could be solved by a secure sleeve that blocked the RFID signal.

Despite this concession in 2006, credit card companies have not warned consumers of this risk and have denied the risk exists at all.

Interesting that a U.S. Patent & Trademark Office record would catch Visa in such a blatant misstatement.

Source.

Chrysler Sues Local Clothing Store

Friday, March 18th, 2011

Chrysler Group LLC wants a federal judge to halt sales of its “Imported From Detroit” T-shirts or other merchandise in a trademark infringement lawsuit against Detroit retailer Pure Detroit and its co-owners in U.S. District Court.

This week the automaker filed suit against Moda Group LLC, which operates Pure Detroit’s three stores selling Detroit-branded merchandise. Also named in the suit were Moda Group co-owners Kevin Borsay and Shawn Santo.

From the automaker’s perspective, “Chrysler has repeatedly attempted to resolve this matter without involving the court. It has repeatedly asked (Pure Detroit) to stop and has sought to have a portion of defendants’ ill-gotten gains contributed to charity,” the lawsuit states.

“Defendants, however, have refused to stop, have persisted in their intentional infringement and have left Chrysler no choice but to bring this lawsuit to prevent (the retailer) from deceiving and confusing the public and harming Chrysler’s good will.”

The automaker seeks a preliminary injunction and unspecified triple and punitive damages above $75,000 for trademark infringement, deceptive trade practices, unjust enrichment and unfair competition for Pure Detroit’s use of the phrase “Imported From Detroit.” Chrysler sought to trademark the phrase last November in advance of a multimillion-dollar advertising campaign launched during Super Bowl XLV on Feb. 6.

Source.

NJ Hot Dog Restaurant Sues

Thursday, March 17th, 2011

One of New Jersey’s hot dog institutions, Rutt’s Hut, has filed a trademark infringement lawsuit against the owners of Mutt’s Hut, a competitor only 5 miles away.

Rutt’s, which is known for “ripper dogs” fried in fat until the skin rips, claims Mutt’s is trying to capitalize on the 83-year-old restaurant’s reputation.

Mutt’s changed its name from Adam’s Bagel & Deli in January.

Source.

 

NFL Wins Suit Against Florida Casino

Saturday, March 12th, 2011

The NFL won a victory against Jacks or Better LLC after the business repeatedly refused to remove a photo of Jaguars quarterback David Garrard from its web site. The photo illustrated the casino boat’s sports betting.

Jacks or Better LLC, whose casino boat departs from Mayport, Florida and sails off-shore for gambling, agreed to pay $5,000 and not use images of Garrard or any NFL trademarks without first getting written authorization.

This seems a pretty straight-forward case.  You can’t use a famous person’s likeness to market your own services without his permission or compensation.

Source.

 

 

 

The Case That Won’t Die

Wednesday, March 9th, 2011

New petitions continue to be filed seeking cancellation of Pro-Football’s (the owner of the Washington Redskins) REDSKINS trademark registrations.