Caliber produces SLASH IT sales events for auto dealerships. It has an incontestable registration for SLASH IT! SALES EVENT and another registration for SLASHER SALE. It provides materials and training, including ‘energizing’ for a dealer’s salesmen, so that they can ‘histrionically’ slash prices in front of customers. Defendant produced SLASHER SHOWS infomercials to sell cars. Defendant prevailed at summary judgment.
11th Circuit: District Court erred in not considering incontestable status of SLASH IT! SALES EVENT registration, nor did it properly consider evidence of actual confusion. Remand to trial.
Decision Caliber v Premier Slash It
Plaintiff owns registrations for MILKCRATE for footwear and apparel. Nike’s LeBron Soldier II basketball shoes were inspired by LeBron playing hoops using a milk rate as a kid, feature a milkcrate’reminiscent design and uses ‘milkcrate technology.’
Complaint Milkcrate v Nike
No market sector too small for a trademark dispute. BATTLE FOAM v FOAM CORPS for laser cut foam for storing and carrying miniature toy figures. Trade secret theft alleged as well.
Complaint Battle Foam v Foam Corps
Fujitsu Transaction Solutions filed a used based application on March 7, 2003, for IPAD, covering ‘handheld computing device for wireless networking in a retail environment,’ stating a date of first use of January 8, 2002. It was published recently and Apple has taken an extension of time until February 28, to oppose.
Apple’s date of first use for the iPod is October 23, 2001.
Owner of CFA and CHARTERED FINANCIAL ANALYSTS marks sue user of CSA, CERTIFIED SECURITIES ANALYSTS and CHARTERED SECURITIES ANALYSTS marks.
Complaint Cfa v Csa
There are those who are concerned that Bill Gates is actually a representative of the Borg. Also worrying is Google’s reported adoption of NEXUS ONE as the name for its smartphone. One possibility is that Google is attempting to establish priority over the eventual use of NEXUS SIX in relation to replicants; far more disturbing is the possibility that Google is itself the predecessor in interest to the Tyrell Corporation.
The slogan “MORE HUMAN THAN HUMAN” is still available on TESS.
Discussion of Google’s possible conflict with Philip K. Dick estate here.
This week’s contest: name some future brands from science fiction movies that companies should adopt now. SkyNet, for example.
There’s really a well-developed jurisprudence with regard to beauty pageant names. Here, MISS USA fails to enjoin MISS ASIA USA.
Decision Miss Universe Miss Asian Usa
The US Polo Association and Ralph Lauren have been fighting since 1984 over logos using the word POLO and depicting horses. The background of the this dispute is set out below in the Polo Association’s complaint in a new declaratory judgement action.
Noting the success of the Polo Association’s licensing program, I will be reaching out to the governing body of water polo, in the hopes of securing a license. I would like to update the logo, perhaps to include ponies (yes, that’s a Billy Wilder reference).
Complaint DJ Polo v Polo
Sydney Morning Herald: Apple claims Woolies is getting fresh with new logo:
WOOLWORTHS insists its new logo is a stylised W, or a piece of fresh produce; Apple thinks it is an apple, and the California-based technology company wants to stop Australia’s largest retailer from using it.
Apple has mounted a legal challenge to prevent Woolworths from using the logo that now adorns its trucks, stores and products, arguing it is too close to its own.