Monthly Archive: April 2006

In a decision that is not citable, the TTAB, reversed a final refusal by the examining attorney, and found that INTELICASH for consumer debit card services, and INTELECASH for electronic tracking and accounting for businesses of prepayed debit card transactions were not confusingly similar. While the Board found that the marks were visually and aurally …

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Permanent link to this article: http://cobaltlaw.com/ttab-makes-intelli-choice-in-reversing-intelicash-refusal-to-register/

George Gleeson, taking a page from the case of Three Boys Music v Bolton (9th Cir, 2000), claimed that the statute of limitations (3 years) must be tolled for his case as he was unaware of his right to pursue his copyright claim. Gleeson claims to have been the author of the popular dance step …

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Permanent link to this article: http://cobaltlaw.com/statute-of-limitations-runs-on-thriller-cause-of-action/

The Robert Lappin Charitable Foundation retained Gil Baker to produce a documentary dedicated to celebrating the contributions and accomplishments of notable Jews entitled, “Great Jewish Achievers” (JGA). The deal provided that Lappin was to provide specific suggestions, be responsible for all “final decisions” as the movie was Lappins’ “brain child”. Lappin paid $177,500; however Baker …

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Permanent link to this article: http://cobaltlaw.com/nonprofit-copyright-co-author/

In a decision that is not citable, the TTAB upheld the examining attorney’s refusal to register Midwest Bus Company’s mark BYK-RAK for vehicle bicycle racks, on the grounds that the term was generic. Although the applicant argued that the term was not merely a misspelling, but rather a “creative and distinguishing makeup of words”, the …

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Permanent link to this article: http://cobaltlaw.com/creative-spelling-of-generic-terms-doesnt-a-trademark-make-ttab-rejects-byk-rak-mark/

Although various parodies and unauthorized uses of the Sesame Street characters have plagued Sesame Workshop over the years (including the recent Bert is Evil site), a Chicago mall store has taken the cake (or cookie, if you will), and is selling t-shirts that show the muppet characters in a rather unsettling manner. One t-shirt shows …

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Permanent link to this article: http://cobaltlaw.com/gangsta-big-bird-and-40-toting-bert-raise-trademark-issues/

Go Pro Ltd, which makes embroidered clothing for promotional purposes, sued River Graphics, Inc., for trademark infringement for its use of the mark HERE FISHY FISHY on t-shirts for a fly fishing store. Go Pro had been embroidering the phrase on t-shirts since 1997. River Graphics did not use the phrase until 1998, when a …

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Permanent link to this article: http://cobaltlaw.com/no-trademark-infringement-found-where-actual-use-specimens-were-fishy/

In 1982, the book “Holy Blood, Holy Grail” (HBHG) advanced a centuries old story that Mary and Jesus were married and that their blood line both survives into the present and has a guardian cult. The book, HBHG, was headed into the usual destination: obscurity, when Dan Brown’s “The Da Vinci Code” was published in …

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Permanent link to this article: http://cobaltlaw.com/uk-court-finds-borrowed-text-is-not-crucial-or-important-text-in-the-creation-finds-no-copyright-infringement/

Flea World, Inc., one of the largest flea market hosts in the country, was found liable for both contributory and vicarious copyright infringement last month by a New Jersey district court. The case, a rehash of the old flea market cases of the 90s, was brought by Arista Records, Sony Music, and a number of …

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Permanent link to this article: http://cobaltlaw.com/flea-world-ticks-off-arista-records-liable-for-copyright-infringement/

The recent case of Van Well Nursery, Inc. v. Mony Life Ins. Co, VC-04-0425 LRS (ED Wash,. March 16, 2006) makes clear that that IP holders may well only get one bite of the . . . In the case, Plaintiff apple grower owned two trademark registrations (and associated patents) for the marks SMOOTHEE and …

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Permanent link to this article: http://cobaltlaw.com/district-court-finds-smoothee-and-scarlet-spur-generic-for-apples/

In a decision that is not citable, the Trademark Trial and Appeal Board (“TTAB”), held that COOL CAT PRODUCTS for pet collars and COOL CAT WHEATGRASS JUICE for a pet supplement are not confusingly similar, despite the fact that both products are marketed to pets. The TTAB established that the opposer was the senior user …

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Permanent link to this article: http://cobaltlaw.com/ttab-holds-registration-of-two-similar-pet-product-marks-is-cool/

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