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Entries in Trademark (61)

Thursday
Feb122015

Dueling Noodle Trademarks: CHUBBY NOODLE vs FAT NOODLE

CHUBBY NOODLE has challenged FAT NOODLE for using a trademark too similar to its own to sell noodles to folks in San Francisco.  Evaluating whether these two trademarks are “confusingly similar” will be key to the outcome of this lawsuit.  In trademark law, evaluating if two marks are “confusingly similar” is critical.  For example, will noodle-loving patrons be confused by the similarity of the CHUBBY NOODLE and FAT NOODLE trademarks (pictured below) and think these two separately-owned restaurants are related, affiliated or have the same owner?Screen Shot 2015-02-06 at 5.17.44 PM

Curiously, do you think the two trademarks look so similar that you would assume the two restaurants are related?

Are the CHUBBY NOODLE and FAT NOODLE trademarks more or less “confusingly similar” to you than these registered trademarks for other noodle shops?

other noodle regIn the lawsuit filed by CHUBBY NOODLE they also claim that, since the words “CHUBBY” and “FAT” are synonyms consumers are more likely to be confused and think the restaurants are related.  It will be interesting to see how this duel between the noodle shops pans out.

A copy of the complete complaint filed by CHUBBY NOODLE against FAT NOODLE is available at: http://insidescoopsf.sfgate.com/files/2015/01/11329862-0-48091.pdf

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: other blog posts on trademarks at https://iplegalfreebies.wordpress.com/category/t-r-a-d-e-m-a-r-k/; the U.S. Patent & Trademark Office website at www.uspto.gov; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

Monday
Feb022015

Trademarks – What Types Of Trademarks Are There?

For fun, here is a list of some types of trademarks.  Are there more types than you would have guessed?

  • Logo
  • Numbers
  • Slogan
  • Nickname or abbreviation
  • Internet domain
  • Words
  • Packaging
  • Character
  • Color
  • Distinctive Building Shape

The key to “being a trademark” is “being USED as a trademark.”  One way to explain this is to ask if the trademark is being used to identify and distinguish goods and services of a particular company or brand. For example, does the trademark enable consumers to identify the company that makes the goods?  Do you notice the trademark on the items or in advertising? Does the trademark distinguish the goods of one producer from the goods of competitors?

Here are examples of each of the types of trademarks listed above:

  • Logo: NIKE SWOOSH                                                                                          TM Types
  • Numbers: 1664   (Kronenbourg beer)
  • Slogan:  A DIAMOND IS FOREVER   (De Beers)
  • Nickname or abbreviation: VW   (Volkswagen)
  • Internet domain: GODADDY.COM
  • Words: GROUPON or APPLE
  • Packaging: COCA-COLA BOTTLE
  • Character: GEICO GECKO
  • Color: TIFFANY’S BLUE JEWELRY BOX
  • Distinctive Building Shape: APPLE STORE

See also: Another post containing instructions on “how to run a basic search on the USPTO (US Patent and Trademark Office) trademark database” at http://wp.me/p10nNq-BMcCarthy on Trademarks Vol 1, Ch 7[B]; the USPTO website at www.uspto.gov, the trademarks listed above: NIKE SWOOSH (USPTO Reg. No. 2107521 and others); 1664 Kronenbourg (USPTO Reg. No. 2702301, 3282436 and others); A DIAMOND IS FOREVER (USPTO Reg. No. 337133); GODADDY.COM (USPTO Reg. No. 2945200, 3605479 and others); GROUPON (USPTO Reg. No. 3685954 and others); APPLE (USPTO Reg. No.4088195 and others); COCA-COLA bottle (USPTO Reg. No. 4200433 and others); GEICO GECKO (USPTO Reg. No. 3398021 and others); TIFFANY’S BLUE BOX (USPTO Reg. No. 2184128 and others); APPLE STORE (USPTO Reg. No.4021593); @iplegalfreebies and www.iplegalfreebies.wordpress.com.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

Thursday
Oct162014

Own a .NYC Web Address for $25-$50

The open registration phase for purchasing .NYC web addresses has begun.

COST: .NYC web addresses can be purchased for an annual fee of $25-$50 from a variety of retailers. You may want to comparison shop between the retailers to find the best deal. (A list of retailers [see, screenshot at the end of this post] is available at www.ownit.nyc/register after running a name search)

WHO IS ELIGIBLE: Any person, business, or organization with a physical address within the five boroughs can register a .NYC web address

THE FIRST STEP: Search for .NYC web address availability at http://www.ownit.nyc

.NYC web addresses are a new breed of web addresses linked to a city domain. While we are all familiar with country domains like .au, .it, .fr, .ca, .de and .uk (Internet top-level domains, TLDs, for countries) regional domains are now available for cities to apply for.  As far as I know, .NYC is one of the first city domains to be launched.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: An earlier blog post on .NYC at http://wp.me/p10nNq-CK;  Frequently Asked Questions about .NCY at http://www.ownit.nyc/faq and http://www.ownit.nyc/what-it-is; ICANN website for more information on new generic top level domains (gTLDs) at http://newgtlds.icann.org/en/; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

list of .nyc retailers avaiable at www.ownit.nyc

 

Friday
Jul112014

Trademark: to keep bands called THE SUPREMES from popping up in every State 

“Yeah, I know and can appreciate what you do (as a trademark attorney working with musicians). Back in the day, different bands called THE SUPREMES were popping up in every State. You can’t have that.” A jazz musician friend said this to me the other day and it was music to my ears.

from the USPTO online database

This is right on point. For a band like THE SUPREMES, who became the most popular female group of the Sixties, owning the trademark of their name grants the trademark owner (Motown Records and now Motown Records’ successor) the exclusive right to use the name “THE SUPREMES” for various music performance and recording services. [USPTO Reg. No. 1003076]. Owning the trademark rights in the name of your band grants the trademark owner the exclusive right to use the trademarked band name for specific uses – like music performance and recording services. This can be a tool to keep other bands or music groups from performing under the same name or a confusingly similar name without permission of the trademark owner.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: the USPTO TESS data base at http://www.uspto.gov/; a copy of the USPTO Certificate of Trademark Registration for THE SUPREMES, USPTO Reg. No. 1003076; The Supremes bio at http://rockhall.com/inductees/the-supremes/ ; Baby Love on YouTube at http://www.youtube.com/watch?v=23UkIkwy5ZM; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

Tuesday
Jun172014

WORLD CUP – National Teams & Big Brands out on the field

While watching the US play Ghana yesterday in the World Cup, I couldn’t help but notice that in soccer ballsaddition to the rivalry between the two national teams on the field… there was also a competition between famous brands on the field too.  Adidas, Nike and Puma were the three famous brands and trademarks that I noticed all over the field, players, officials, equipment and gear.  Adidas trademarks were on the game ball, officials and frequently appeared on the stadium’s sidewall advertising. Nike’s swoosh trademark was on the US jerseys and many cleats.  Puma’s leaping-cat trademark was prominently featured on Ghana’s jerseys.

Adidas, Nike and Puma are all famous brands.  Nike owns nearly 300 USPTO trademarks including their famous swoosh.  Adidas owns close to 150 USPTO trademarks including their famous three stripes.  Puma also owns many USPTO trademarks featuring its leaping cat.

Flashing trademarks out on the field, and World Cup endorsements is big business.  According to a recent Bloomberg Businessweek article, Nike is the largest sportswear company in the world, with $25 billion in revenue.  Adidas (based in Germany) is a close second with $20 billion in revenue. Combined, these two brands control 70 % of the market for soccer gear.  Soccer is a big focus for Adidas and the brand has a long history with soccer sponsorship, including sponsoring FIFA since 1970.  Nike joined the soccer sponsorship game more recently in 1994 when the US hosted the World Cup.

Enjoy watching the rivalries play out during the World Cup this summer!  National Teams (and the sponsoring brands) will be giving it their all.

Great game last night. Thrilling 2-1 victory by the US over Ghana.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also FIFA stats on the US v Ghana game at http://www.fifa.com/worldcup/matches/round=255931/match=300186512/index.html#nosticky; the USPTO TESS data base at http://www.uspto.gov/; Bloomberg Businessweek article by Brendan Greeley, titled “Shootout Can Nike Beat Adidas at Soccer?”; Scores online at http://www.fifa.com/worldcup/index.html and http://msn.foxsports.com/soccer/schedule?competition=12&season=2014; @iplegalfreebies and www.iplegalfreebies.wordpress.com.