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Trademark 'em
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Recent Posts ». Never Heard of Her. September 30, 2011. On September 26, 2011, Stefani Germanotta, better known as Lady Gaga, and one of her companies, Ate My Heart Inc. sued Excite Worldwide LLC a company which is trying to trademark LADY GAGA and. Read More ». Court Rules Louboutin's Red Soles are Fashion, not a Trademark. September 3, 2011. Read More ». Sturgis Motorcycle Rally Claims Exclusive Rights to City Name. August 7, 2011. Read More ». Own Your Power - Did Oprah Winfrey Steal this Trademark?
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Trademark 'em – Eastland Music v. Lionsgate: Can a movie title infringe the name of music group?
http://trademarkem.com/eastland-music-v-lionsgate-can-a-movie-title-infringe-the-name-of-music-group
Eastland Music v. Lionsgate: Can a movie title infringe the name of music group? March 22, 2013. Eastland Music Group owns the registered trademark Phifty-50, the name of a rap duo. Eastland also claims a trademark in 50/50. Lionsgate released a dark comedy in 2011 titled 50/50 starring Seth Rogen and Joseph Gordon Levitt. The title of the movie refers to one of main characters fifty-fifty chance of survival after he learns he has a malignant tumor in his spine. At oral argument, plaintiffs’ counse...
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Trademark 'em – Abandonment
http://trademarkem.com/category/abandonment
Yellowbook v. Brandeberry: Can you sell your a trademark and then continue to use it? April 15, 2013. Steven Brandeberry operated a phonebook business under the name AMTEL. In 2002, Brandeberry sold his phonebook business to Barney White who then sold the business to Yellowbook. In 2009, Brandeberry decided to start up. Read More ». Does the service mark Brewskee-Ball infringe the trademark Skee-Ball? December 30, 2011. Read More ». If You Don't Use Your Bling You Lose Your Bling. November 10, 2011.
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Trademark 'em – Fair Use
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Fair Use ». Using Someone's Slogan is Not Fair Use. June 5, 2013. As blogged about previously here, a motivational services business Own Your Power Communications owed by Simone Kelly-Brown sued Oprah Winfrey and several of her companies for producing numerous publications, events, and online content using. Read More ». Miller's Ale House v. Carolina Ale House Is copying a competitor's name, décor, and layout fair competition or infringement? February 17, 2013. Read More ». December 29, 2012. May 10, 2012.
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Trademark 'em – Mere Descriptiveness
http://trademarkem.com/category/descriptiveness
Mere Descriptiveness ». Eastland Music v. Lionsgate: Can a movie title infringe the name of music group? March 22, 2013. Eastland Music Group owns the registered trademark Phifty-50, the name of a rap duo. Eastland also claims a trademark in 50/50. Lionsgate released a dark comedy in 2011 titled 50/50 starring Seth Rogen and. Read More ». Trademark Wars: Better Know an App Store -Part 4, Apple vs. Amazon. April 11, 2011. Read More ». April 3, 2011. Read More ». March 29, 2011. Read More ». March 28, 2011.
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Trademark 'em
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Recent Posts ». Hank Rearden - Trademark rights to a fictional company and character. August 15, 2012. In Rearden LLC v. Rearden Commerce, Inc., 683 F.3d 1190 (9th Cir. 2012), two companies, both inspired by the Hank Rearden character in Ayn Rand’s novel, Atlas Shrugged, fought over the right to use. Read More ». Maker's Mark Locks Up Dripping Red Wax as a Trade Dress for Alcohol. June 22, 2012. Read More ». National Chamber Servicemark Found Descriptive of National Chamber of Commerce Services. Does the...
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Trademark 'em – Already v. Nike – You Cannot Invalidate a Trademark After the Trademark Case is Settled
http://trademarkem.com/already-v-nike-you-cannot-invalidate-a-trademark-after-the-trademark-case-is-settled
Already v. Nike - You Cannot Invalidate a Trademark After the Trademark Case is Settled. January 24, 2013. When Nike moved to dismiss the entire case, however, Already argued that its counter-claims should not be dismissed. The trial court dismissed the case finding that there was no longer a justiciable case or controversy to maintain the action. The Second Circuit affirmed. Already then appealed to the Supreme Court of the United States. The Supreme Court affirmed holding that the case was moot. Alread...
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Trademark 'em – About Me
http://trademarkem.com/mark-borghese
With a focus on internet and technology law. When he is not busy practicing law or blogging he enjoys hanging out with the family, hiking, geocaching, and traveling. Borghese Legal, Ltd. 10161 Park Run Drive, Suite 150. Las Vegas, NV 89145. Mark Borghese is a Las Vegas Trademark Attorney. With the law firm of Borghese Legal, Ltd. In Las Vegas, Nevada. Federal Circuit: Cities Cannot Register Official Seals. Groeneveld v. Lubecore: Trademarks Protect Brands, Not Product Functions.