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Archive for April, 2015

Reminder: Meet the Bloggers at #INTA15 on Monday night

Posted by ipelton on: April 29th, 2015

The eleventh annual edition of “Meet the Bloggers” will be held this Monday night, May 4th, from 8-11 pm at Henry’s Pub & Restaurant, 618 Fifth Avenue, San Diego, CA 92101 (see map).

Co-hosting the event this year, along with me, are:

Property, intangible Pamela Chestek  
IP Fridays Rolf Claessen & Kenneth Suzan  
Likelihood of Confusion Ron Coleman  
Ant-like Persistence blog & host of E-TrademarksandMadrid-Llistservs Carl Oppedahl  
IPelton blog Erik Pelton  
The Legal Satyricon Marc Randazza  
The Trademark Blogand @leasonellis Marty Schwimmer  
The TTABlog John L. Welch  

Please RSVP here so that we know to expect you.

More details here: http://www.meet-the-bloggers.com/

Trademark Lawyer’s Guide to San Diego for #INTA15

Posted by ipelton on: April 27th, 2015

Next week, thousands of trademark professionals from around the world will descend upon San Diego for the annual meeting of INTA.

We offer this guide to many of the major sites and activities around San Diego, through our trademark perspective. Because this guide is for use with the INTA® (Registration No. 1914028) conference, we have, of course, included information regarding interesting trademark registrations!

– Erik Pelton

Trademark Lawyer’s Guide to San Diego

In recent months, much has been made of Taylor Swift filing several dozen trademark applications for a variety of phrases and song titles. See stories in Rolling Stone (Taylor Swift Trademarks ‘This Sick Beat’ and Other ‘1989’ Phrases), Forbes, Time and other news sources.

Swift’s phrases and terms can potentially function as trademarks – if they are used to identify the sale of goods or services. In other words, using them as song or album titles, or as the chorus in songs, does not establish any trademark rights.

Ms. Swift is not the first musician to file for a lot of trademark registrations. Michael Jackson (and now his estate) own more than 300 current and old applications and registrations, including BAD, KING OF POP, THRILLER, and BILLIE JEAN. Elvis’ estate owns dozens (see my post, “The King” of trademarks: fun #Elvis trademarks on his 80th birthday | THE KING, GRACELAND, ELVIS HAS LEFT THE BUILDING and more). Steve Miller recently filed for FLY LIKE AN EAGLE, SPACE COWBOY, and more (see @TimberlakeLaw post here).

But who is the music world’s king of trademarks? Not Elvis or Michael Jackson, but Jimmy Buffett. Buffett’s Margaritaville Enterprises owns more than 100 pending application, and more than 225 current registrations at the USPTO.

Mark Image

His registrations include the following (click marks for USPTO records):

as well as a very interesting registration for the configuration of lighting fixtures in the shape of a sliced citrus fruit!

Trademark image

Hillary Clinton campaign files to protect logo and trademarks

Posted by ipelton on: April 22nd, 2015

Ten days ago, Hillary Clinton officially announced her run for president in 2016. Along with the announcement, her campaign unveiled a new logo design.

The Hillary logo was panned by many.  It certainly does not resonate the way Obama’s logo did.

Trademark image

Regardless of whether we like the logo, Hillary’s campaign was wise to apply to register the trademarks with the USPTO the day after the announcement. They smartly filed separate applications in black and white and color for more protection, along with an application for the wording HILLARY FOR AMERICA.  Even if they never become registered, the applications could be valuable during the campaign to help control or stop unauthorized uses of the logo as well as potential applicants for trademarks using her name and/or logo.

The campaign filed on April 13, 2015, to register the following trademarks in connection with political campaign services and a variety of products  (click marks for USPTO records):

Note that I have not yet found any other 2016 campaign filings from any of the other announced candidates.

Recent Client Trademark Registrations LXXVII

Posted by ipelton on: April 21st, 2015

Here is another update of recent Erik M. Pelton & Associates client registrations obtained from the public records so readers can see real  examples of brands and marks which are being protected – and the wide range of variety in brand names, logos, products and services. [Click trademark or logo to open USPTO records in a new window]

  • EXPLORE LOCAL – Mobile software application for providing information in the fields of travel, shopping, discounts, dining, drinking, health, beauty, attractions, and entertainment
  • AWAKENING DYNAMICS – Providing seminars in the field of personal growth featuring energy healing, self-improvement, law of attraction, and spirituality
  • NO BUTT OUT – clothing, namely, shirts
  • IBETIC – clothing, namely, shirts
  • STREET LIGHT KIDS GENERATION – clothing, namely, shirts
  • Trademark image – wholesale distribution of lubricants and fuels
  • LIL’ PHILLY STEAK MELT – Sandwiches
  • BASEMENT WATERPROOFING SPECIALISTS – Basement waterproofing; Cement parging of interior and exterior stone block and concrete foundations; Building construction and repair; Foundation contractor services; Repair of basement walls and foundations; Mold and Mildew Inspection and Remediation; installation and repair of Driveway and Sidewalk Drainage Systems; Stone, Block, Cement, Brick Foundation Structural Repair and Replacement
  • Trademark image   – Hosting of digital content, namely, photographs, files, images, text, audio and video content, on the Internet; Providing online non-downloadable software for uploading and transferring files; Providing temporary use of online non-downloadable computer software for uploading, downloading, accessing, manipulating, editing, indexing, cataloguing, enhancing, posting, displaying, tagging, blogging, streaming, linking, storing, sharing, or printing photos, files, images, graphics, and audio and video files; peer-to-browser photo sharing services, namely, providing a website featuring technology enabling users to upload, view, and download digital photos; hosting of digital content on the Internet
  • IS YOUR BAR CAPABLE? – granola based snack bars
  • FEELING FIT IS DELICIOUS – Granola based snack bars
  • CAPABLE OF SATISFYING THE KID YOU WHILE FUELING THE ADULT – granola based snack bars
  • GLOBALLSTYLES – business consulting services, namely, consulting in the fields of customer relations and sales
  • YOUR UNIQUE MARSHMALLOW – desserts; custom desserts, namely baked marshmallow goods
  • HOW OFTEN DO YOU GET PAID? – bill payment services, namely, automated consumer loan payments
  • Trademark image – insurance agency and brokerage services for property and casualty insurance; insurance agency and brokerage services as a managing general agent for property and casualty insurance; insurance agency and brokerage services including underwriting, claims, risk management, and marketing for property and casualty insurance; insurance agency and brokerage services specializing in professional liability insurance; insurance agency and brokerage services specializing in allied healthcare providers insurance; Insurance agency and brokerage services in the field of professional liability insurance in the fields of behavioral healthcare, psychiatrists and mental health professionals; insurance underwriting services in the field of professional liability insurance in the fields of behavioral healthcare, psychiatrists and mental health professionals; claims adjustment in the field of professional liability insurance in the fields of behavioral healthcare, psychiatrists and mental health professionals; consulting and information concerning insurance in the fields of behavioral healthcare, psychiatrists and mental health professionals; insurance administration in the field of professional liability insurance in the fields of behavioral healthcare, psychiatrists and mental health professionals; insurance claims administration, claims processing and claims management, namely, assessing insurance claims in the field of professional liability insurance for behavioral healthcare professionals, psychiatrists and mental health professionals; insurance services in the nature of loss control management for others in the field of professional liability insurance for behavioral healthcare professionals, psychiatrists and mental health professionals; financial Risk management, financial Risk management consulting, financial Risk management service, namely, financial risk management services relating to healthcare risk management and loss prevention
  • CUT25 – Women’s clothing and clothing accessories, namely, shirts, pants, dresses, shoes, boots, jackets, and scarves
  • DON JOAQUIN GOURMET – tomato sauce; salad dressing; hot sauce, salsa; ketchup; hot pepper spice; alimentary paste, barbecue sauce, milk caramel, Dulce de Leche, chili sauce, picante sauce, alcohol vinegar, natural vinegar, adobo, sazon, marinades and mojo