http://seattletrademarklawyer.com/blog/Tue, 14 May 2013 05:27:42 +0000en-USSquarespace V5 Site Server v5.13.159 (http://www.squarespace.com)DilutionMichael AtkinsTue, 14 May 2013 04:54:06 +0000http://seattletrademarklawyer.com/blog/2013/5/13/stl-reader-on-infringement-safari.html106093:939602:33713043
Seattle lawyer Kevin Halverson just returned from an enviable vacation to Mexico. “Warm-water surfing,” as he put it. Seriously, that right there is reason enough to practice law. I’m super-jealous.

But onto the infringement. The famous Coca-Cola logo morphs into “Chica-Locca” on trucks, t-shirts, and signs in Sayulita advertising the Chica Locca Magical Tour company’s boat tours, he says.

So what’s wrong with Chica Locca’s having a little fun with the Coca-Cola logo? No one really thinks they have something to do with Coca-Cola, right? ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-33713043.xmlCounterfeitingInternational Trademark Association (INTA)Michael AtkinsMon, 13 May 2013 03:54:11 +0000http://seattletrademarklawyer.com/blog/2013/5/12/inta-counterfeiters-and-bloggers-but-no-counterfeit-bloggers.html106093:939602:33690048
That’s where I was last week: in Dallas, meeting with trademark colleagues from around the world. There were 9,500 of us. And a lot of counterfeit goods.

Jerseys, vodka, motor oil, hats. There was no shortage of examples on display.

A counterfeit good is a brand name put on a good that wasn’t made by the brand owner. Consumers often think they’re getting the real McCoy, but they’re actually buying a fake. Who knows who made what was purchased, or what the quality is. And it’s not all fake purses. Vodka? Motor oil? Counterfeiting can pose a real threat to the safety of unsuspecting purchasers.

That’s a point INTA wanted to help drive home. And they succeeded. ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-33690048.xmlGenericismMichael AtkinsFri, 10 May 2013 04:13:43 +0000http://seattletrademarklawyer.com/blog/2013/5/9/costco-claims-tiffany-has-become-generic.html106093:939602:33656961
Problem is, Tiffany didn’t make them.

Costco says it wasn’t confusing anyone. It was just describing the setting style, which it says is known as a “Tiffany” setting.

Tiffany’s now suing Costco; Costco is counter-suing Tiffany, saying the “Tiffany” name has become generic.

In other words, Costco is saying that Tiffany’s invaluable brand no longer functions as a trademark; it instead denotes the good itself — a type of setting — the same way that nylon, aspirin, and elevator lost their proprietary meanings and became common words.

KIRO-Radio talked to me about this issue last week. ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-33656961.xmlTrademark Infringementlikelihood of confusionMichael AtkinsMon, 29 Apr 2013 03:46:09 +0000http://seattletrademarklawyer.com/blog/2013/4/28/different-musical-styles-avoid-a-likelihood-of-confusion.html106093:939602:33513780
The secret is enough of a difference in the goods or services.

Plaintiff’s mark is NEWSBOYS. Defendants’ mark is NEW BOYZ. Both marks look and sound a lot alike. And both are used in connection with live musical performances.

But plaintiff uses its mark in connection with Christian rock. And defendants use their mark in connection with hip-hop. What’s more, according to plaintiff’s complaint, defendants’ group sings “‘sexually-charged,’ ‘sexually-explicit’ lyrics.” ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-33513780.xmlAttorney-Client PrivilegeTrademark Law 101Michael AtkinsTue, 23 Apr 2013 04:06:23 +0000http://seattletrademarklawyer.com/blog/2013/4/22/is-this-confidential.html106093:939602:33423801
I know they wonder it, because they often wonder it out loud.

The answer is yes. Even if you haven’t signed anything, or paid your lawyer anything, what you tell your lawyer in that first phone call or during that first meeting is completely confidential.

That means it would be illegal for the lawyer you’re meeting with to disclose anything you say to anyone else without your permission. No one can force your new lawyer to say what you’ve told him or her, either. There’s a statute that prohibits a lawyer from testifying against you. It codifies the attorney-client privilege. If your lawyer violated that trust, he could lose his license. That means he’d lose his livelihood. As you might guess, lawyers take that very seriously. ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-33423801.xmlDescriptive Trademark UseTrademark InfringementMichael AtkinsSat, 20 Apr 2013 20:11:54 +0000http://seattletrademarklawyer.com/blog/2013/4/20/infringement-safari-madrid-and-salamanca.html106093:939602:33415980
It was harder than usual when I was in Spain. Only two examples come to mind: a knockoff of a Starbucks logo and the fairly ubiquitous “Women’Secret” lingerie stores.

Starbucks is in Spain (like everywhere else), but I’m not sure I saw any Victoria’s Secret stores. Not that I was looking.

Click the link below for more and to see photos. ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-33415980.xmlTrademark Law 101Michael AtkinsThu, 18 Apr 2013 02:49:02 +0000http://seattletrademarklawyer.com/blog/2013/4/17/writers-disappointment-with-ice-cream-shows-importance-of-br.html106093:939602:33401016
A food writer laments that Breyer’s ice cream isn’t all-natural any more — nothing like what he remembered from his youth.

Breyer’s used to market its ice cream as having only a few ingredients — vanilla, sugar, cream. Maybe ice. (I don’t know; I’m not much of a cook.) But nowadays, the ingredients of some of its products read like a chemistry exam.

That disappoints the NYT’s food writer. And it demonstrates what’s expected from a brand: consistency.

]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-33401016.xmlMisbrandingTrademark Law 101Michael AtkinsTue, 16 Apr 2013 04:46:26 +0000http://seattletrademarklawyer.com/blog/2013/4/15/misbranding-problems-aside-trademarks-encourage-responsible.html106093:939602:33392034
There’s a worldwide problem with labeling fish.

You think you’re ordering something tasty and sustainable, and that’s what you pay for when the bill comes. But it turns out what you’re served is a lower-quality fish, or one that’s not ecologically sound. Deceived!

Sorta like European consumers who recently picked out hamburger at the grocery store — and paid for hamburger — but ate horse.

It may not be your restaurant’s or grocer’s fault. Someone in the distribution chain decided they could make an extra buck if they upgraded their product by calling it something it’s not. It’s outrageous and fraudulent, but apparently it’s common. And the consumer suffers.

If you can’t trust the label, what’s a purchaser to do? ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-33392034.xmlSuspension LetterTrademark Law 101Trademark RegistrationU.S. Patent and Trademark OfficeMichael AtkinsMon, 15 Apr 2013 03:47:47 +0000http://seattletrademarklawyer.com/blog/2013/4/14/a-suspension-letter-just-means-you-need-to-wait-your-turn.html106093:939602:33366342
This usually isn’t a good thing. But it’s not necessarily a bad thing, either.

All the PTO does with a suspension letter is preserve the applicants’ respective places in line. Because while the first to use a trademark generally gets better trademark rights than later users, the PTO reviews each application in the order in which they are filed.

So if I apply to register BRAND X in connection with shoes, and you apply to register BRAND X in connection with socks, the PTO might properly issue a suspension letter to you. Its doing so would simply be telling you that it needs to see if my application is going to mature into a registration. If it does, it might very well block yours on grounds of likelihood of confusion. But if I abandon my application, or for some reason it is denied, it need not stand in your way. ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-33366342.xmlMichael AtkinsTue, 02 Apr 2013 17:24:44 +0000http://seattletrademarklawyer.com/blog/2013/4/2/hola-from-madrid.html106093:939602:33183244
The Washington Secretary of State’s digital archives have added trademark records to its searchable online database.

Start with the digital archives home page. Select “Trademark Records” from the dropdown menu under the “Search by Keyword” or “Detailed Search” options, enter the search criteria, and click the “Search” button.

The “Detailed Search” option enables searching by keyword, registration number, owner name, document type (amendment, application, assignment, renewal, and reservation), and range of filing dates.

Results display the trademark number, owner’s name, document type, received date, and even a copy of the application, specimens of use, and registration certificate. ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-33183244.xml