The Austin Trademark Lawyer

Who Owns the name Black Sabbath?

noreply@blogger.com (Christopher L. Graff) — Sat, 30 May 2009 12:07:00 +0000

Ozzy Osbourne filed suit this week against guitarist Tony Iommi for claiming ownership of the band's name. Iommi claims that Ozzy and the other band founders relinquished their rights to the name in the 1980s. Iommi's federal registration for "Black Sabbath" issued back in 2000.

Here's Tony, Ozzy and the boys in happier days:

Black Sabbath - Paranoid

"We speak cars" lands Ford in infringement suit

noreply@blogger.com (Christopher L. Graff) — Sat, 18 Apr 2009 13:04:00 +0000

...but the suit was apparently quickly resolved (unlike the notorious "We'll pick you up" lawsuit between Enterprise Rent-A-Car and Advantage Rent-a-Car, which went on ...and on...)

The Dumbest Trademark Demand Letter?

noreply@blogger.com (Christopher L. Graff) — Fri, 17 Apr 2009 21:35:00 +0000

Marc Randazza points to one of the dumbest trademark demand letters he's ever read: dumb not because it has "the misplaced certitude, the overblown rhetoric, the baseless imputation of evil to the recipient, and over-all lack of self-awareness" that Marty Schwimmer would consider denoting a truly dumb demand letter (BTW: great wording, Marty!); but rather because it asserted a ridiculous claim, which led to the filing of declaratory judgment action.

Overzealous lawyer, or over-reaching client?

UPDATE: Ron Coleman adds "When will they ever learn?" Exactly.

Meet The Bloggers V at INTA

noreply@blogger.com (Christopher L. Graff) — Sun, 01 Mar 2009 00:01:00 +0000

Michael Atkins (a/k/a the Seattle Trademark Lawyer) has graciously offered to host "Meet the Bloggers V" at this year's INTA Annual Meeting in Seattle.

Date: Monday, May 18

Time: 6-9 p.m.

Place: Graham & Dunn, Pier 70, 2801 Alaskan Way, Suite 300, Seattle

iFart lawsuit making some noise

noreply@blogger.com (Christopher L. Graff) — Sat, 28 Feb 2009 23:50:00 +0000

Lots of recent postings and press on the iFart v. Pull My Finger lawsuit (best headline so far: Odor In The Court)

Who says Trademark Lawyers are just Hot Air?

noreply@blogger.com (Christopher L. Graff) — Sat, 14 Feb 2009 03:34:00 +0000

InfoMedia Inc., creator of the iFart Mobile application, filed a federal lawsuit against Air-O-Matic, Inc. seeking a declaratory judgment that its use of "pull my finger" was fair use.

Anyone else surpised that the case wasn't filed in Chicago (the "Windy City")?

Now here's one way to respond to a demand letter...

noreply@blogger.com (Christopher L. Graff) — Thu, 05 Feb 2009 23:42:00 +0000

Heh

TTABlog's Top TTAB Decisions for 2008

noreply@blogger.com (Christopher L. Graff) — Wed, 04 Feb 2009 23:42:00 +0000

John Welch over at the TTABlog has posted his annual listing of the Top Ten TTAB Decisions (part one is here, and part two is here).

If you don't subscribe to the TTABlog, you should!

Technorati Tags: TTAB

Oh this is rich....

noreply@blogger.com (Christopher L. Graff) — Tue, 03 Feb 2009 23:44:00 +0000

Martin Schwimmer at The Trademark Blog reports that CitiGroup, fresh on the heels of their $45 Billion federal bailout last year, has sued a Brooklyn pawn shop which had been using the name ALL CITI PAWN. (Martin has posted a copy of the Complaint on his blog and here.)

Lawsuits, Trademark Infringement

Settling a Trademark Dispute by Kicking the Lawyers Out

noreply@blogger.com (Christopher L. Graff) — Sat, 31 Jan 2009 13:43:00 +0000

Ryan Gile (aka the Las Vegas Trademark Attorney), reports that the Monster Cable vs. Monster Mini Golf trademark dispute has apparently settled.

Best takeaway is in the comment posted by Monster Mini Golf:
"The turning point came when we were on a conference call with Noel and Kevin Lee, and lawyers from both sides, and we were getting absolutely nowhere with lawyers governing every move. About an hour into it, it got so annoying, that someone suggested kicking all the lawyers out, and we all agreed to give that a try. From there, the conversation flowed pretty smoothly, and we were able to speak freely and frankly with Noel and Kevin, and both sides got an understanding of each other's positions."
When are we lawyers going to realize that it's not all about us?

Lawsuit, Trademark Infringement, Lawyers

American Idol comes to Austin (or at least their attorneys do)

noreply@blogger.com (Christopher L. Graff) — Fri, 30 Jan 2009 21:26:00 +0000

FremantleMedia, owner of the TV show American Idol, has sued Austin's Palazio Men's Club, for their use of "Stripper Idol." A copy of the complaint can be found here.

The various media reports all seem to focus on the issue of likelihood of confusion (which doesn't strike me as very strong), yet ignoring the dilution by tarnishment claim (which seems like a slam dunk).

Project Runway judge Michael Kors sued for infringement

noreply@blogger.com (Christopher L. Graff) — Fri, 30 Jan 2009 05:09:00 +0000

The LA Times is reporting that designer Michael Kors has been sued for trademark infringement by the estate of artist/designer Tony Duquette.

As Project Runway Season 4 winner Christian might say, "Fierce!"

An Education on Trade Secret Protection from NBC's "THE OFFICE"

noreply@blogger.com (Christopher L. Graff) — Thu, 29 Jan 2009 22:25:00 +0000

Who says prime time TV isn't educational.

THE ORIGINAL OUTDOOR trademark dispute

noreply@blogger.com (Christopher L. Graff) — Thu, 29 Jan 2009 14:14:00 +0000
THE ORIGINAL OUTDOOR CLOTHING COMPANY (Woolrich, Inc.) is suing THE ORIGINAL OUTDOOR OUTFITTER (Eddie Bauer, Inc.). The Seattle Trademark Lawyer has the Complaint.

He Can't Drive 55....

noreply@blogger.com (Christopher L. Graff) — Thu, 29 Jan 2009 05:04:00 +0000
But Sammy Hagar knows the Lanham Act. Sammy Hagar's licensing company is suing over a Cabo Wabo Cantina restaurant franchise in Fresno California. Check out the Las Vegas Trademark Attorney's post. (hat tip to Tamera Bennett).

Now Here's the Disclaimer I Wish I Had Used...

noreply@blogger.com (Christopher L. Graff) — Thu, 29 Jan 2009 04:56:00 +0000
Kudos to the Valerum Law Group!