Monthly Archive: April 2010

Fiat Group Automobiles S.p.A. v. ISM, Inc., 94 USPQ2d 1111 (TTAB 2010) [precedential] While FIAT is quite a well-known brand in Europe and other regions of the world, cars made by the Italian company aren’t all available in the U.S.… yet (Fiat reportedly has plans to bring more of its small car models to the …

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Permanent link to this article: http://cobaltlaw.com/the-ttab-issues-a-fiat-on-fiat-foreign-company-might-be-able-to-rely-on-fame-of-the-mark-abroad-even-without-current-use-in-the-u-s-market-provided-it-pleads-properly-and-has-intended-use/

The Trademark Trial and Appeal Board has sustained Opposer, shoe maven Kenneth Cole’s contention that LE TIGRE for clothing is confusingly similar to Applicant’s use of LE TIGRE for pens. Cole failed to establish that its LE TIGRE mark was famous. The Board pointed out that Cole had not provided sales data or advertising information …

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Permanent link to this article: http://cobaltlaw.com/kenneth-cole-gives-pen-maker-the-boot-over-le-tigre-trademark/

Abadin v. Marvel Entertainment Inc. got its final ZOW-POW! from a federal judge in New York who dismissed the action for copyright infringement and Lanham Act violations on a number of technical grounds, including no standing to sue. In a case that works as a “what not to do” checklist for plaintiff’s, it appears it’s …

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Permanent link to this article: http://cobaltlaw.com/spider-man-iron-man-and-hulk-saved-from-clutches-of-copyright-suit/

Today the iPad goes on sale. David Pogue and others have given this revolutionary device a big thumbs up. Some have predicted it will galvanize the end of Kindle. The speculation is rampant. This opinion piece in today’s New York Times by Marc Aronson includes an analysis on how the delivery of content is challenged …

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Permanent link to this article: http://cobaltlaw.com/a-gutenberg-moment/

Like Verizon did last year on the same day, Google has announced that it is changing its company name to Topeka. From a trademark law perspective, Google is acutely aware that the public must be educated on proper use of its new mark, so as to lower the risk that TOPEKA might become generic and …

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Permanent link to this article: http://cobaltlaw.com/breaking-news-in-the-trademark-world-google-re-brands-to-topeka-posts-new-trademark-usage-guidelines/

The term ‘upgrade’ is thought to ‘improve or step-up the performance or parts of an experience’. Take the experience of flying, as an example. It would trigger outrage to be told that you have qualified for an ‘upgrade’ only to learn that your experience is deteriorated. How many of us have been invited to ‘upgrade’ …

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Permanent link to this article: http://cobaltlaw.com/the-bait-and-switch-of-an-upgrade/