Blog

‘IPelton® blog’ Category

Trademarks from the Maryland Craft Beer Festival

Posted by ipelton on: July 30th, 2014

Guest post by: Associate Nick Santucci

On Saturday, May 31st, 2014, the Brewers’ Association of Maryland hosted the 9th Annual Maryland Craft Beer Festival, a gigantic party with awesome food, fun, rock and roll, people, and BEER. It all went down at Carroll Creek Park in downtown Frederick, Maryland. The venue was picturesque, along an old canal running right through the center of town. Hundreds attended because they love beer, but I attended because I love beer and beer trademarks.

The Brewers’ Association of Maryland (BAM for short), is a non-profit trade association of local brewers formed to advocate for the growth of Maryland breweries. It feels good to support the local brewers, not only because they are enriching my life with delicious beer, but also because many have abandoned the normal nine-to-five and took significant risks to do what they love – brew beer. It’s inspiring. The festival is an important event for BAM, with all profits going directly to BAM’s coffers to help start-up breweries and advocate for brewer-friendly legislation.

My V.I.P. ticket entitled me to a BAM tulip beer tasting glass, ten beer tokens, and early access to limited edition beers. I promptly filled my glass. The brewers at the festival came up with some really creative brand names. Creative branding is extremely valuable to low-tech industries like beer brewers because it is the only protectable intellectual property they can create. You can’t patent or copyright a beer recipe, but you can trademark the brand name. Here are some of my favorite names from the festival:

By 3 P.M. the festival was “hopping” and I was hungry. Luckily for me, there was plenty of food to choose from, and I chose a fried catfish sandwich and onion rings from JB Seafood of Middletown, MD. The food was fresh and delicious.

Catfish and beer were not the only attractions at the festival. Live bands kept us entertained all day, and rock and roll sounds great after a couple good beers. Speaking of music, I stumbled across a gentleman who makes custom cigar-box and short scale guitars from scratch (except for the humbuckers). His operation is called CrocBite Guitars, and I give him props for boldly selecting and using an arbitrary/fanciful brand name. Oh yeah, his guitars are beautiful:

Clipboard02Clipboard01

According to CrocBite Guitars, “the humbuckers are made by a guy in Germany.”

The 9th Maryland Craft Beer Festival was a great success, and I recommend doing yourself a favor by checking out every event that BAM organizes. I recommend it even more so if you are a trademark aficionado, like myself. It’s almost as if all Maryland brewers are naturally creative branding experts. Pro tip: take the “BAM Bus” and leave your car at home.

Leason Ellis continues fight against trademark scammers

Posted by ipelton on: July 29th, 2014

The good folks from the firm of Leason Ellis have continued litigating against select companies that send solicitations to trademark owners.

From the Leason & Ellis website:  

OUR CASE AGAINST PATENT & TRADEMARK AGENCY MOVES FORWARD

Posted on 10 July 2014

In a decision dated July 2, 2014, the United States District Court for the Southern District of New York denied a motion to dismiss our claim for false advertising against Patent & Trademark Agency LLC and Armens Oganesjans. Among other things, our complaint alleges that defendants mail confusing “reminder” notices to trademark owners that appear to be government-issued and falsely state that the owners’ trademarks are about to expire. These notices are actually solicitations, which defendants distribute to mislead trademark owners into using defendants’ services. See http://goo.gl/i68JlT for a copy of the decision.

To read more on this matter, including the Memorandum Decision, see:

Leason Ellis LLP

Recent Client Trademark Registrations LXIX

Posted by ipelton on: July 28th, 2014

The following is another update of recent 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]

  • MEMTEST86 – Computer software for computer memory diagnostics
  • Trademark image - Advertising and marketing services; advertisement services for others on display systems; providing display advertising services for businesses
  • PRMS – 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
  • JERSEY’S BEST HOT DOGS – Mobile food cart services featuring hot dogs and sausages
  • LIFEFONE – Security system composed of medical alarms that allow individuals to send emergency signals automatically to a central monitoring station to summon medical aid when necessary
  • INLAND EMPIRE WEIGHT LOSS -Providing weight loss program services; Weight management services, namely, providing weight loss and/or weight maintenance programs
  • THEORIE – Hair care products, namely, shampoo, conditioner, hair mask, serum, dry shampoo, protectant, hairspray, hair paste
  • PHIL’S PROFIT POINTS – Downloadable podcasts, pre-recorded CDs, video disks and downloadable audio files in the field of business and entrepreneurs
  • SYMCO & CO – Business consulting services in the field of business growth, business strategy, marketing, and business management
  • QUEEN CITY – Cutlery; hunting knives; pocket knives; tactical knives; military knives; sharpening stones
  • PHOTOCROWD - providing online forums for discussion and electronic bulletin/message boards for transmission of messages among users in the field of general interest; providing on-line electronic bulletin boards for transmission of messages among computer users concerning personal photographs; Chat room services for social networking; Providing an online community for photographers for the purpose of allowing users to upload, post, view, download, edit, evaluate, share and store photographs; website featuring technology that allows users to post, upload, download, edit, share, and store photographs; Computer services, namely, creating an on-line community for registered users to engage in social networking
  • LOGISCLOULD – Providing temporary use of on-line, non-downloadable software for accessing, managing, and using business and consumer software applications for customer relationship management, billing, invoicing, time tracking, bookkeeping, note taking, document sharing, instant messaging, electronic messaging, calendars, shared database access, database management, word processing, project management, and collaboration; application service provider (ASP) featuring business and consumer software applications for customer relationship management, billing, invoicing, time tracking, bookkeeping, note taking, document sharing, instant messaging, electronic messaging, calendars, shared database access, database management, word processing, project management, and collaboration
  • Trademark image – Providing an online community for photographers for the purpose of allowing users to upload, post, view, download, edit, evaluate, share and store photographs; website featuring technology that allows users to post, upload, download, edit, share, and store photographs; Computer services, namely, creating an on-line community for registered users to engage in social networking
  • UTILITIES YOU NEED FOR HEADACHES YOU DON’T – Computer software for management and review of electronically stored evidence, demonstratives, transcripts, courtroom time keeping and evidence presentation, all in the field of litigation support
  • ZOMBIE PRINCESS -  dolls; toy figures
  • Trademark image - Computer software in the field of transportation and regulation, namely, software for tracking and organizing records for drivers, vehicles, fleets, and cargos using location services for the purposes of planning, scheduling, monitoring, registering, and maintaining fee and tax records for transportation assets and parts thereof; Computer software technical support services in the nature of troubleshooting of computer software problems, updating of computer software, and data aggregation related to the aforementioned services, all in the field of transportation fleet management and regulation; computer software development in the field of transportation and regulatory records management
  • ROYAL FLORA – Herbal supplements for intestinal cleansing to maintain balanced flora, excluding maca root powder and camu-camu
  • DREAM CREST – Towels, bed sheets, table linens, bed blankets, bed spreads, shower curtains, curtains, shower drapes, cheese cloths, shop towels, bar mop towels, dish rags; duvet covers; comforters
  • EGO -Retail store services featuring entertainment products, namely, movies, electronic books, musical and audiovisual works, provided via the internet and other computer and electronic communication networks; electronic transmission and streaming of digital media content for others via global and local computer networks
  • Trademark image - Stew; plantain chips

 

 

I have noticed more retail stores lately with customized unique door handles.

For example, REI has a climibing axe handle. Dunkin Donuts had handles made of the letter “D.” See photos below.

REI HANDLE photo

Dunkin Door Handle photo

I predict that this is a new wave of non-traditional trademarks. Look for more stores to use such custom handles to mark and accessorize their brand. And look for more trademark applications featuring such handles. In the USPTO records, I could find just one, from The Gelateria Ice Cream. Dessert. Lounge, Inc.:

Trademark image

Registration No. 3066979

 

Related post: A new slogan: THE NONTRADITIONAL TRADEMARK LAWYERS

Virgin America’s non-traditional trademark: lighting

Posted by ipelton on: July 23rd, 2014

Virgin America is a great and fun airline (check out the safety video below). One thing that differentiates them from competitors is lighting. Yes, lighting.  Check out these photos I took:

Embedded image permalink

VIRGIN AIR photo 1

VIRGINA AIR photo 2

It seems clear to me that Virgin America has a non-traditional trademark featuring the purple lighting. I’m not aware of any other airlines using interesting lighting of any color, are you? When customers see these purple lights, do they associate it with the services of Virginia America? I sure do.

While a trademark application for the lighting has not been filed with the USPTO, Virgin America could potentially assert common law rights to the lighting. Of course, a trademark registration would be extremely beneficial in protecting the mark and if needed to enforce it against any potential infringers.

Related post: Trademark protection for lighting, sounds, texture, scents, motion and other non-traditional trademarks.