Seattle Trademark Lawyer

"Chinese Restaurant" New Winner of Seattle's Most Generic Trademark?

Michael Atkins — Mon, 28 May 2012 21:36:13 +0000

Spotting generic trademarks is a bit of a sport at STL.

We’ve found some good ones over the years, but for a minute it looked like we could crown a new champ: CHINESE RESTAURANT for a Chinese restaurant located in Seattle’s Phinney Ridge neighborhood.

At least that’s what its signs say.

Unfortunately, after further investigation, we’ve determined the establishment actually has a name: Greenwood Mandarin Restaurant. Not a terribly distinctive name — given that it’s located on Greenwood Avenue — but still a sizable step up from CHINESE RESTAURANT.

Guess we’ll have to keep looking for a new champ.

Brands Represent Companies' Reputations. And They're Worth Billions.

Michael Atkins — Wed, 23 May 2012 05:09:55 +0000

GeekWire and others today reported on a new global brand value study.

Seattle companies did well. Microsoft ranked fifth ($76.6B). Amazon was 18th ($34.077B).

Both were down over last year.

That’s interesting, but to me the real story is how valuable brands are. An intangible icon worth $76.6 billion?! How amazing is that?! And the mere act of putting the Amazon name on the functional equivalent of Amazon’s business increases its value by by more than $34 billion.

Ninth Circuit Sides with FDCA over Lanham Act in False Advertising Claim

Michael Atkins — Tue, 22 May 2012 05:02:55 +0000

The Lanham Act governs false advertising, including information contained on a product’s label.

The Food, Drug, and Cosmetic Act governs governs information contained on a product’s label when the product involves food, drugs, or cosmetics.

So which statute applies when they overlap and the standards conflict?

The Ninth Circuit addressed that question on May 17, when it decided Pom Wonderful LLC’s claim that Coca-Cola Co.’s “Pomegranate Blueberry” drink was deceptively named and labeled when the product consists of 99.4% apple and grape juices, and only 0.3% pomegranate juice and 0.2% blueberry juice. (The remaining 0.1% consists of raspberry juice.)

Rosetta Stone v. Google Telebriefing Scheduled for Wednesday

Michael Atkins — Sun, 13 May 2012 23:56:10 +0000

If keyword advertising law affects your practice, learn about the latest word governing online liability — the Fourth Circuit’s April 9 decision in Rosetta Stone v. Google. I’m moderating a teleconference panel at 10 a.m. PDT on May 16. You can call in for a one-hour update on this case and the current state of keyword advertising law.

Panelists are Jonathan Bloom of Weil, Gotshal & Manges LLP and Lawrence Nodine of Ballard Spahr LLP.

Both are fluent in the changing landscape of keyword advertising law and have particular insight into Rosetta Stone v. Google. It will be a real treat to hear what they have to say.

Wiffle Ball Inc. Has Some Sweet Trade Dress!

Michael Atkins — Wed, 02 May 2012 04:25:50 +0000

Don’t blame the equipment:
Definitely not the reason I never made the pros.

Quick post just to revel in Wiffle Ball, Inc.’s sweet trade dress.

It’s been the same since I was a kid.

Yellow plastic bat, white plastic ball, red paper ball holder.

Just seeing it brings back a ton of good memories. Now that’s secondary meaning!

Court Grants Judgment Against Unauthorized Seller of T-Mobile Products

Michael Atkins — Mon, 30 Apr 2012 04:10:58 +0000

Defendant George Collett wrongly used T-Mobile’s trademarks in selling T-Mobile SIM cards and airtime without its permission.

Western District Judge Ronald Leighton came to that conclusion April 23 when he granted summary judgment to T-Mobile on its Lanham Act claims and permanently enjoined Mr. Collett from using its trademarks or selling any of its branded products.

The injunction isn’t surprising, given the court’s description of Mr. Collett’s activity:

“Defendant falsely advertised and promoted through interstate commerce that he was an authorized T–Mobile dealer selling genuine T–Mobile products and services. …”

LifeWise Dismisses Trademark Suit Against Regence Life

Michael Atkins — Wed, 25 Apr 2012 03:35:51 +0000

Easy come, easy go.

On April 4, LifeWise Assurance Co. filed a trademark infringement lawsuit in Seattle claiming that rival Regence Life and Health Insurance Co.’s adoption of LIFEMAP infringes LifeWise’s LIFEWISE trademarks.

The suit came three days after Regence Life allegedly changed its name and house mark.

Nineteen days after filing, LifeWise voluntarily dismissed its complaint without prejudice. LifeWise could do so as a matter of right because Regence Life had not yet answered.

Boringly good? I don’t know, but its lawsuit was boringly short.

Fox Business Article Highlights Trademark Issues for Small Businesses

Michael Atkins — Mon, 23 Apr 2012 04:17:03 +0000

Fox Business had a good idea. Last week it published an article focusing on trademark and copyright issues that small business owners should consider.

I contributed a few quotes discussing the advantages — but no strict need for — obtaining a federal registration for a small business’ brand. The fact is, trademark rights are automatic in the States. But for companies that often sell across state lines — particularly on the Internet — registering a trademark with the U.S. Patent and Trademark Office expands those rights throughout the United States.

Having said that, I’d again like to plug the benefits of state trademark registration for small businesses that are fairly local in nature. If you’re a restaurant in Seattle and don’t care if a restaurant in Miami has the same name, a Washington State registration may be all you want. And getting one is a lot quicker and cheaper than applying for a federal registration.

Patent and Trademark Office Offers Excellent Trademark Resources

Michael Atkins — Thu, 19 Apr 2012 03:53:55 +0000

The PTO has some excellent resources for learning about trademark law. Videos, even. And they’re all free.

My favorite tool is the Trademark Electronic Search System (TESS) database. I use it constantly.

Click the “Basic Word Mark Search (New User)” hyperlink, click the “Live” radio button, type the desired trademark into the search box, and click the “Submit Query” button. The results will give you hyperlinks to all pending trademark applications and registrations in the PTO’s system. The hyperlinked pages provide basic information about each trademark — the owner, the associated goods and services, the application date, etc. And best of all, you can drill down further from that page by clicking the blue “TDR” button, which provides links to the various documents in the application file — from application to registration certificate. It’s an invaluable tool that I use every day.

LifeWise Sues Regence Life Over Switch to "LifeMap" Trademark

Michael Atkins — Mon, 16 Apr 2012 03:39:31 +0000

Health insurer LifeWise has sued competing health insurer Regence Life for trademark infringement.

LifeWise Assurance Co. and affiliates claim Regence Life and Health Insurance Co.’s adoption of LIFEMAP infringes their LIFEWISE registered trademarks.

Both health insurers do business in Washington and Oregon.

LifeWise filed suit after Regence Life allegedly changed its name to “LifeMap Assurance Company” and its house brand name to LIFEMAP. The change allegedly occurred on April 1.