California Intellectual Property Blog

Mandour & Associates, APC – California Intellectual Property Blog

USPTO DENIES TRADEMARK APPLICATION FOR NHL’S NEWEST TEAM

By Joseph Mandour on December 22, 2016

Orange County – The NHL’s newest team – the Las Vegas Golden Knights – ran into legal trouble over its name less than a month after a big Vegas-style ceremony revealing the team name to the public. The trademark application that the team filed for its name was denied by the United States Patent and Trademark Office.

The refusal was due to an alleged likelihood of consumer confusion with a prior registered trademark. The name Golden Knights is already registered to the College of Saint Rose, a small private college in Albany, New York.

The USPTO Office Action claims that the NHL’s team shares the same name, a similar logo, and si Read the rest

KARDASHIAN SISTERS FILE OPPOSITION TO BLAC CHYNA’S KARDASHIAN TRADEMARK

By Joseph Mandour on December 13, 2016

Los Angeles – The sisters Kardashian are in another trademark battle, and this time its family. This year Blac Chyna, who is the mother of Rob Kardashian’s (the sister’s brother) first child and the star of Rob and Chyna, filed a trademark application for ANGELA RENEE KARDASHIAN with the United States Patent and Trademark Office. Last week, the corporations owned by the Kardashian sisters filed an opposition to the trademark claiming that its use would confuse the public.

Chyna and Rob have been talking about getting married, so it would be her future married name that she is trying to trademark. But the attorneys for the Kardashian sisters Read the rest

SNUGGIE MAKER SUES AMAZON FOR TRADEMARK INFRINGEMENT

By Joseph Mandour on December 9, 2016

amazonLos Angeles – The creator of the Snuggie blanket, Allstar Marketing Group, along with two other companies that sell products on Amazon are in a lawsuit with the mega online retailer alleging that it committed trademark infringement. The lawsuit claims that Seattle-based Amazon is allowing many other competitors to flood Amazon’s marketplace with counterfeit items which is causing a loss in consumer good will and profit.

The alleged Read the rest

“WE SHALL OVERCOME” COPYRIGHT LAWSUIT MOVES FORWARD

By Joseph Mandour on November 28, 2016

constitution-flagLos Angeles – A judge in New York last week ruled in favor of allowing a copyright lawsuit challenging the copyright of “We Shall Overcome”. The song is a civil rights anthem and protest song. The lawsuit claims that lyrics in the song have been taken from other songs, such as African-American spirituals, and thus the copyright was never valid.

Plaintiff argues that the other songs have bee Read the rest

TRUMP WINS MAJOR TRADEMARK BATTLE IN CHINA

By Joseph Mandour on November 17, 2016

Orange County – Roughly ten years ago, in 2006, Donald Trump and the Trump Organization attempted to register his Trump trademark across numerous categories of goods and services in China. After numerous bumps in the application process, Mr. Trump has finally won his fight for the Trump name in China for real-estate-agent services in both the commercial and residential sectors.

Although Trump won the battle for real estate services, the Trump Organization may find more resistance for other goods and services. Of the more than 50 registered trademarks with the Trump name in China, only 21 are currently owned by Mr. Trump. The trademarks Read the rest

OHIO STATE ACCUSES CAFEPRESS OF TRADEMARK INFRINGEMENT

By Joseph Mandour on November 9, 2016

cafepresslogoSan Diego – Ohio State University has filed a trademark infringement lawsuit in federal court in Columbus, Ohio against CafePress, an online retailer based out of Louisville, Kentucky. The lawsuit claims that the online retailer is selling apparel and other Read the rest

TRUMP TV TRADEMARK MIGHT BE TAKEN

By Joseph Mandour on October 31, 2016

Orange County – In a little more than a week, our country will elect a new president. Early voting aside, it is estimated that not all Democrats are voting for Hillary Clinton and not all Republicans are supporting Donald Trump. If for some reason Trump doesn’t win on November 8th, he may already have his contingency plan in place for what he will do next.

For Read the rest

LUCASFILM SUES JEDI SCHOOL OVER TRADEMARK

By Joseph Mandour on October 25, 2016

moviesLos Angeles – Lucasfilm filed a lawsuit this month against the owner of New York Jedi and Lightsaber Academy. The business in question here teaches classes on how to use lightsabers and act out Jedi battles for “illuminated stage combat” according to the New York Jedi website.

Lucasfilm, part of the Walt Disney parent company and creator of the Star Wars films, has a history of legal cases showing that it aggressively protects its intellectual property. In this case Lucasfilm claims that the school’s use of the words “Lightsaber” and “Jedi” are violating its trademark rights. The owner of both New York Jedi and Lightsaber Acade Read the rest

SUPREME COURT TO DECIDE WHETHER OFFENSIVE NAMES CAN BE A TRADEMARK

By Joseph Mandour on October 14, 2016

supreme_courtSan Diego – The Slants, an Asian American rock band from Portland, Oregon, are taking their case to the Supreme Court which will decide whether the band can trademark its name. The band’s trademark application to the U.S. Patent and Trademark Office was refused because the trademark office found that it is an offensive term.

The clash between free speech and trademark protection has drawn wide attention in part because the Washington Redskins football team is locked in the same dispute. According to Dan Snyder the owner of the Washington Redskins, “Ninety percent of Native Americans feel that the name isn’t offensive and sh Read the rest

DONALD TRUMP JR. TWEETS A SKITTLES COPYRIGHT INFRINGEMENT

By Joseph Mandour on October 6, 2016

candy-skittlesOrange County – Donald Trump Jr., son of Republican presidential nominee Donald J. Trump, recently posted a controversial Tweet. The image is a white bowl full of rainbow-colored Skittles. The text in the photo says, “If I had a bowl of skittles and I told you just three would kill you, would you take a handful? That’s our Syrian refugee problem.”

Trump added his own text with the photo that reads: Read the rest

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