Monthly Archive: December 2008

In re Innovative Technologies Corp. of America, Inc., Serial No. 78691831 (September 15, 2008) In this recent decision, the Board held that the mark HAIR OF THE DOG for clothing was not likely to be confused with the registered mark LES CHEVEUX DU CHIEN for “custom manufacture of clothing, personal accessories in the nature of …

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Permanent link to this article: http://cobaltlaw.com/you-say-hair-i-say-cheveux-ttab-decision-suggests-an-idiom-defense-to-a-likelihood-of-confusion-refusal-based-on-the-doctrine-of-foreign-equival/

Last Wednesday, the Eastern Division of the Central District Court of California issued a series of extraordinarily sweeping injunctions in favor of Mattel, in the four-year legal dispute between the toy giant and the makers of the popular BRATZ dolls, MGA Entertainment. Unless you don’t have any tween girls in your entourage, you may know …

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Permanent link to this article: http://cobaltlaw.com/district-judge-issues-sweeping-injunctions-against-bratz-doll-manufacturer-for-infringement-of-mattels-copyrights/

Plastwood SRL v. Rose Art Industries (Case No. c07-0458LJR, W.D. Wash. Dec. 5, 2008). District Court Judge James Robart granted the Motion for Summary Judgment filed by Rose Art, finding that its packaging did not contain literally false statements. At issue in this case was Rose Art’s line of MAGNEXT toys, plastic and magnetic construction …

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Permanent link to this article: http://cobaltlaw.com/the-devil-is-in-the-packaging-details-rose-art-skirts-false-advertising-accusations-by-making-age-range-3-100/

For the holidays, Lucky Brand has issued what it believes to be the first User-Generated coupon, where your discount depends upon your level of skill. A unique way to drive users directly to its online presence, the company asks you to “Buck Your Way To Holiday Savings” by playing a game in which users control …

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Permanent link to this article: http://cobaltlaw.com/youve-got-to-play-to-not-pay-coupon-depends-upon-skill-level/

Today, according to the U.S. Department of Justice, Juan Luis Llamas was sentenced to prison for his role in what is being called a massive sweepstakes fraud scheme that bilked U.S. citizens out of millions. Llamas was sentenced to 11 years in prison and ordered to pay restitution of over $4 million, jointly with his …

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Permanent link to this article: http://cobaltlaw.com/california-ag-wins-lottery-against-sweepstakes-scam-artists/

Winter 2009. Reebok, in conjunction with the National Hockey League, is hoping consumer recognition of its brand will translate to money in the bank. Reebok will run a “Find the Lost Logo” promotion during the NHL Winter Classic, where it will ask fans to find the hockey player who is not displaying the Reebok logo …

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Permanent link to this article: http://cobaltlaw.com/reebok-promotion-increases-brand-recognition/

In re Hudson Fairfax Group LLC, Serial No. 76662560 (November 21, 2008) In this non-precedential decision, the TTAB found that that a web page displaying the words “India Continuum Fund” (shown below) was acceptable to show use of the applied-for mark CONTINUUM for financial investment services. The Board held that, because the word “India” was …

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Permanent link to this article: http://cobaltlaw.com/you-still-want-to-submit-specimens-of-use-that-substantially-match-your-filed-marks-despite-this-puzzling-ttab-decision/

A little something from Doug: I received a last minute call the other day from a boyhood friend inviting me to see the band AC/DC in concert at the Oracle Arena in Oakland, CA. Needless to say, I jumped at the opportunity. Why? On one hand, I’ve never seen AC/DC live. Say what you will, …

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Permanent link to this article: http://cobaltlaw.com/let-there-be-rock-acdc-the-band-the-brand-the-legend/

On December 5, 2008, The Children’s Advertising Review Unit (”CARU,”) a division of the Better Business Bureau, issue a press release admonishing advertisers to make clear disclosure about the need for adult supervision with certain toys, particularly when those toys are advertised directly to children. CARU highlighted a new product from Wham-O, called the Slip …

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Permanent link to this article: http://cobaltlaw.com/timing-is-everything-caru-bonks-wham-o-for-inadequate-disclosures/

Welsh v. The Big Ten Conference, Inc., (Case. No 08 C 1342, ND Illinois 11/21/08) Perhaps an easy lay-up to a seasoned trademark professional, this case presents some interesting facts surrounding confidentiality agreements, ideas, and trademarks. In the case, Welsh, a supporter of Big Ten Athletics approached the Big Ten Conference (“Big Ten”) with a …

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Permanent link to this article: http://cobaltlaw.com/big-ten-conference-scores-against-supporter-court-finds-no-trademark-rights-in-an-idea/

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