California Intellectual Property Blog

Mandour & Associates, APC – California Intellectual Property Blog

GROWTH IN CHINESE-BASED TRADEMARK FILINGS IS BECOMING A CONCERN

By Joseph Mandour on July 30, 2018

San Diego – For more than 20 years China has been the largest trademark register in the world, and the pace of filings are only continuing. The increase is party tied to overall economic growth in China. In the first quarter of 2018, China’s GDP rose 6.8 percent and is predicted to increase another 6.7 percent in the next quarter. Along with GDP, the trademark filing activity has had rapid growth. Within the past two years, China’s trademark applications have doubled.

To put the numbers into perspective, in 2017 China had ten times more trademark applications than the United States. Compared to Europe the numbers are even more sur Read the rest

NEW WALMART PATENT WILL MONITOR AND RECORD CUSTOMERS AND EMPLOYEES

By Joseph Mandour on July 18, 2018

Orange County – On July 10th, 2018, Walmart filed a patent for audio surveillance technology for quality assurance purposes. According to the patent, sound sensors will be used to collect audio data to help improve the customer experience by focusing on the details of shoppers such as how long they stand in line, beeps of the scanners, rustle of bags, and even the conversations they have.

Sam Lester, a consumer privacy lawyer for the Electronic Privacy Information Center in Washington, D.C., says, “This is a very bad idea, if they do decide to implement this technology, the first thing we would want and expect is to know which privacy expe Read the rest

GATORADE WINS THE SPORTFUEL VS. SPORTS FUEL CASE

By Joseph Mandour on June 26, 2018

Los Angeles – In August 2016, SportFuel filed a lawsuit against PepsiCo, Inc. subsidiary Gatorade for trademark infringement over Gatorade’s use of the SportFuel trademark in a marketing campaign. Now, two years later Gatorade has prevailed and will be allowed to continue its campaign.

SportFuel provides nutritional products and services to its clients including the Chicago Blackhawks, the Rockford IceHogs, and more from the small town of Western Springs, Illinois. SportFuel was founded in 1993 by Julie Burns who registered the SportFuel trademark with the U.S. Patent and Trademark Office in 2008.

Gatorade created the sports drink ind Read the rest

SESAME STREET SUES OVER “NO SESAME. ALL STREET” TRADEMARK IN MOVIE TRAILER

By Joseph Mandour on June 12, 2018

San Diego – Sesame Workshop, founder of the children’s show “Sesame Street,” has filed a lawsuit in federal court in New York against STX Productions over use of its trademark in a movie trailer. The offending movie is titled “The Happytime Murders” which is a romp centered around puppets being killed. It stars Melissa McCarthy, Maya Rudolph and Joel McHale.

Sesame Workshop claims that the movie trailer has left the Sesame brand tarnished. The lawsuit continues to say that the movie trailer does not uphold Sesame Workshop’s message and uses the Sesame Street brand without authorization at the end of the trailer when you see the l Read the rest

TRADER JOE’S FIGHTS THE TRADEMARK TRADER SCHMO

By Joseph Mandour on May 17, 2018

Orange County – Recently a Kosher foods company has applied to trademark the name “Trader Schmo,” which is being opposed by the supermarket chain Trader Joe’s. Part of the reasoning behind the opposition is that Trader Joe’s believes that the phrase “Joe Schmo” is so recognized that Trader Schmo will confuse consumers, especially with both companies selling food.

Trader Joe’s began in 1958 and is based in Monrovia, California. There are 475 Trader Joe’s retail grocery stores in forty one states across the country. Trader Joe’s also uses trademarks similar to its core trademark including TRADER MING’S (Chinese food), TRADE Read the rest

SUPREME COURT APPROVES LEGALITY OF PATENT REVIEW PROCESS

By Joseph Mandour on May 3, 2018

Orange County – Last week the US Supreme Court approved the inter partes review (IPR) process for patents, which many believe helps high-tech companies fight patent infringement lawsuits and “patent trolls” more easily and at a lower cost. The justices ruled 7-2 that the U.S Patent and Trademark Office’s in-house patent review does not violate a defendant’s right under the U.S. Constitution to have a case judged by a jury and federal court.

Justices John Roberts and Neil Gorsuch disagreed with the ruling. The case arose when Oil States International Inc., a Houston based company, disputed the legality of the inter partes revie Read the rest

LEBRON JAMES’ COMPANY SUED FOR TRADEMARK INFRINGEMENT

By Joseph Mandour on April 24, 2018

Los Angeles – LeBron James’ company, Uninterrupted, is being sued by Sebastian Jackson’s company, Adventure Enterprise, for trademark infringement. Jackson claims that Uninterrupted infringed his barbershop theme and “Shop Talk” trademark when creating the show “The Shop.” The Show made its debut during the 2017 NBA season and features LeBron James, Draymond Green, Charles Oakley, 2 Chainz, and others.

The barbershop themed shows both include guest speakers who talk about past experiences and success stories as they get their hair cut. Jackson trademarked the “Shop Talk” concept in 2016, listing it as an “organization Read the rest

BELIEVELAND FILES TRADEMARK COMPLAINT AGAINST BELIEVELAND BEER FESTIVAL

By Joseph Mandour on April 4, 2018

Orange County – On March 27th, 2018, the Believeland website filed a trademark complaint against Cleveland’s Believeland Beer Festival for unauthorized use of the “Believeland” name. Believeland is a sports website that reports on sports news and sells apparel since 2008. The website owns three trademarks for the term “Believeland,” including for entertainment services and merchandise such as apparel and cups. Believeland originates from the Cleveland Browns football team.

Believeland Beer Festival was founded by Nathan Barnhart and Elaine Lau who have also planned events like the Rocky Run. By day, the married couple Read the rest

UMBC RETRIEVERS SEEK TRADEMARKS AFTER MARCH MADNESS WIN

By Joseph Mandour on March 21, 2018

San Diego – The University of Maryland Baltimore County (UMBC) Retrievers, a No. 16 seed, had a win no one saw coming during March Madness in Charlotte, NC. The Retrievers played the Virginia Cavaliers, a Number 1 seed, and took the nation by surprise when they won the game in convincing fashion, 74-54. This marked the first time in the history of the NCAA men’s basketball tournament that a Number 16 seed defeated a No. 1 seed.

Throughout the game, Jairus Lyles led the team to the win, as the whole team was energized from his confidence, which only seemed to shake Virginia more. The game really took a turn when Lyles made a three-poin Read the rest

NIKE FILES PATENT FOR FUTURISTIC GOLFING GLASSES

By Joseph Mandour on March 15, 2018

Los Angeles – On Thursday, March 8th 2018, Nike filed a patent application for golfing glasses that show all types of data while playing. The glasses would allow golfers to track their ball and read putting greens with a heads-up display. Needless to say, if the glasses work as claimed, for golfers they could become as ubiquitous as golfing shoes and a visor.

Along with the patent, Nike filed a diagram illustrating a hi-tech golf ball which would communicate with the glasses. When paired together, the golf ball will send information back to the person wearing the glasses. The glasses have a display on a small screen so the golfer will be able Read the rest

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