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Titanic trademarks

Posted by ipelton on: April 12th, 2012

The Titanic sank 100 years ago from this weekend.  Want some “titanic” trademarks?

The following are registered with the USPTO [click for USPTO records]:

  •  - museum services; museums
  • - Collective membership services indicating membership in a nonprofit organization for a museum 
  • TITANIC - Refrigerators
  • TITANIC - Jewelry, namely watches and time pieces
  • TITANIC TREASURES - Disposable ticket sets for playing games of chance
  • THE TITANIC AWARDS - Entertainment services, namely, providing a web site featuring photographic, audio, video and prose presentations featuring bad travel experiences
  • TITANIC – cigars
  • TITANIC – mops
  • TITANIC THOMPSON - Clothing, namely t-shirts, sweatshirts, shirts, golf shirts, caps, sun visors
  • TITANIC RESTAURANT AND BUFFET - Cocktail lounge buffets
  • TITANIC ARCADE - Amusement arcades featuring video games
  • TITANIC HOTEL AND CASINO - Leasing of shopping mall space; casinos; entertainment services in the nature of live theater productions, live musical performances, dance performances, magic shows, music concerts and sporting events, namely boxing and wrestling events; hotels, restaurant and bar services; beauty salon services

The Carpathia is the name of the ship that was the first on the scene to help rescue survivors:

  • CARPATHIA - Computer management services, namely, hosting the software, websites and other computer applications of others on a virtual private server; designing, developing, implementing, monitoring for technical purposes and administration of computer systems for others; value-added and/or managed services, namely, hosting the web sites and software applications of others on servers, storage devices and networking equipment belonging to the company; and providing professional services to others to ensure that the design and actual configuration of the servers, storage devices, networking equipment and software applications are compliant with government-issued mandates, industry-defined requirements and industry practices sufficient to achieve and maintain certifications; Monitoring of computer systems for security purposes
  • CARPATHIA CASE - LEATHER, TRAVEL BAGS, TRUNKS, IMITATIONS LEATHER, AND ANIMAL SKIN

 The company that owned the Titanic was called the WHITE STAR LINE:

  • - pending application owned by Carnival for a long list of goods

For more on the Titanic, see Titanic: 100 Years from National Geographic.

Shoe soles and other shoe designs and patterns can be non-traditional trademarks. The Louboutin red soled women’s designer shoesare well known, expensive, and the subject of trademark litigation (for an excellent discussion, see: Duets Blog Louboutin Red-Sole & Surrounding Contrast: An Implied Trademark Limitation).

Here are some other interesting and/or well known shoe patterns, soles, and designs that are registered with the USPTO. Some of them, as you can see, are quite well known [all are registered for footwear products; click images for USPTO records]:

  • Owner: Adidas [Description of Mark: The mark consists of three parallel stripes applied to footwear, the stripes are positioned on the footwear upper in the area between the laces and the sole. The dotted outline of the footwear is not claimed as part of the mark and is intended only to show the position of the mark.]
  • Owner: Prada [Description of Mark: The mark consists of a red stripe placed longitudinally along the middle of the heel of an item of footwear, partly covering the rear of the sole and partly the rear of the item of footwear. Any molding seen on the sole or on the rear part of the item of footwear and/or production characteristic are not part of the mark.]
  • [Description of Mark: The mark consists of a blue rectangular design which is attached to the heel or sole of footwear.]
  • Owner: Vans
  •  Owner: Converse [Description of Mark: The mark consists of Repeating Star Design.]
  • Owner: Converse [Description of Mark: The mark consists of the three dimensional trade dress design of the iconic and classic Chuck Taylor All Star basketball shoe for which the following primary features are claimed: (a) Multi-Patterned Rubber Toe Strip. The rubber toe strip has four layers of bands featuring intricate and distinct patterns of three-dimensional diamonds and lines. (b) Ankle Patch on the Inside Ankle. The round patch design with double dashed line just inside the boundary of the circular patch, with a star in the center. (c) Double Rand Stripes. Two parallel horizontal lines run along the rubber outsole of the shoe. The uppermost contrasting stripe runs along the edge of the rubber outsole around the entire circumference of the shoe, including on the toe cap. The second contrasting stripe appears midway along the rubber outsole and runs from the front edge of the license plate heel tab to the back edge of the rubber toe bumper. (d) Brushed Metal Grommets in Medial Side Arch. Two round brushed steel grommets are placed in a horizontal line above the inside medial arch of the shoe. (e) Brushed Metal Eyestay Grommets. A series of equally-spaced wide, round brushed metal eyestay grommets are part of the lacing system instead of hooks, loops, D-rings, or other holding and lacing mechanisms. (f) Convex Rubber Toe Cap. A raised, protruding rubber toe cap. (g) Double Stitching and Box-Like Stitch Along the Upper. (h) Top Line Collar Throat Shape. The matter shown in broken lines, namely, the license plate heel tab as well as the outline of the shoe along the upper, the tongue, the back edge, the rear panel, and the sole are not part of the mark. The broken lines serve only to show the position or placement of the primary features of the trade dress. The dashed lines indicating the Double Stitching and Box-Like Stitch Along the Upper are part of the mark.]
  • [Description of Mark: The mark consists of the placement of a stripe of light emitting diodes going down the center of the bottom of the sole of women's heeled shoes. The matter shown by broken lines is not part of the mark and only serves to show the position of the mark.]
  •  Owner: Vans [Description of Mark: The mark consists of The mark consists of a stylized checkerboard design positioned around the sidewall on the sole of a shoe. The design of a shoe represented by dotted lines is not part of the mark and only serves to show placement of the mark on the goods.]
  • Owner: Vans [Description of Mark: The mark consists of a three-dimensional configuration of a checkerboard pattern on the entire upper portion of a shoe. The broken lines depicting the outline of the shoe indicates placement of the mark on the goods and are not part of the mark.]
  • Owner: DC Shoes [Description of Mark: The mark is a repetitive design representing the letters "C" and "D" covering some or all of the shoe soles. It may also be described as a pill pattern, as the "C" and "D" are stylized to resemble two opposing semi-capsule forms. The pattern is not limited to a particular portion of the shoe sole and the dotted outline of a shoe is not a part of the mark.]
  • Owner: Nike [Description of Mark: The mark consists of the design of the tread on the sole a shoe. The broken lines show the position of the mark on the goods and are not claimed as a part of the mark. Color is not claimed as a feature of the mark.]

 

Also, here are two interesting pending USPTO trademark applications. Does either one create an issue for Louboutin?

  • Owner: ECOclean Corporation [Description of Mark: The mark consists of lacquered green sole on footwear.]
  • Owner: Bella Belle, LLC [Description of Mark: The mark consists of a stylized red heart design comprised of multiple circles on the sole of footwear for women. The matter shown by broken lines is not part of the mark and only serves to show the position of the mark.]

 

 ”Meet the Bloggers“ will take place next month during the annual INTA conference. I am honored to be co-hosting the event along with John Welch (TTABlog®)Ron Coleman (Likelihood of Confusion®), and Marty Schwimmer (The Trademark Blog).

INTA will be held this may in Washington, D.C. just a few miles from our offices. Last year, more than 8,000 attorneys from around the world attended INTA conference in San Francisco.

I hope some of my readers (surely I have readers, right?) will be able to join us….

For more details on the event, click the image below.

If you plan to attend, please RSVP so that we can plan accordingly for the proper number of people.

P.S. - HILL COUNTRY is a registered trademark for restaurant services, which is obviously appropriate for this group.

Ten Reasons to Register a Trademark

Posted by ipelton on: April 5th, 2012

I am traveling this week, so it is a good opportunity to re-post a popular and, I think, important post (originally posted October 5, 2011):

There are many reasons to register a trademark with the U.S. Patent and Trademark Office (www.USPTO.gov). Here are 10 of the best reasons, in no particular order.

  • Registered trademarks show up in the USPTO’s online database, the first place most companies and lawyers look to when clearing potential new names. Just being in the database might prevent someone from adopting a similar name.
  • Add value to your brand. The registration is a tangible asset. It can be assigned, licensed, or even used as collateral. In the sale of a business, it can be given a dollar value.
  • File for international protection. Trademark owners can sometimes use a US application or registration as the basis for rights in another country.
  • The registration symbol. It looks nice when you use the ®.  It looks official (because it is). It helps ward off potential infringers.
  • Register with Customers and Border Patrol. Owners of registered trademarks can file them with Customs, who will then be on the lookout at our ports and borders for counterfeit and infringing uses.
  • Sue in Federal court. Owners of registered trademarks can sue in U.S. District Court which generally provides more opportunities for enjoining an infringer’s use and for potentially obtaining damages and attorney’s fees.
  • Quicker resolution of disputes. If someone infringes the trademark, a “cease and desist” letter featuring a registered trademark is much stronger and much more likely to lead to a quick (and cheaper) resolution of the situation with positive results.
  • Reduce the probability of being accused of infringement. Having a registration means you have taken steps to protect your trademark, and means the USPTO did not find any confusingly similar trademarks. This reduces the probably that another company claims trademark infringement against you.
  • Add value and strength to your brand. Showing others that you have a registered trademark (by using the ® symbol) shows them that your brand is legitimate, is important and worthy of protection.
  • After five years of registration, a registration may become incontestable, which means that it becomes even stronger and is almost impervious to attack.
  • BONUS REASON: The registration certificate is official. And cool. And it looks great framed on your office wall.

 

the USPTO seal

 

In case you can’t tell from the post title, I’m at the beach on spring break with my family this week. Of course, I am still thinking about trademarks!

Protecting a trademark is just like protecting yourself from the hot sun:

Reduce your risk of sun burn and skin cancer:

Reduce your risk of trademark disputes/problems:

Wear sunscreen

(higher SPF = more protection)

Choose a good name

(more distinctive = more protection)

Apply sunscreen thoroughly

Conduct a thorough clearance search of state, federal and common law records

Stay in the shade under an umbrella

Register trademark with USPTO

Re-apply sunscreen periodically

Monitor trademark for infringements

Would you spend all day in the sun without protecting your skin? You would risk sunburn, pain, and maybe worse.  A few proactive measures greatly reduce these risks.

Would you launch a new company or a new product without protecting the brand name? You would risk legal fees, changing the name, having a non-unique name, and/or having a weak unenforceable name.  A few proactive measures greatly reduce these risks.

I think this is actually a pretty good analogy.  What do you think?

image from SkinCancer.org