27
Oct/14

ICE IMPERIAL trade dress v DEPREVILLE ICE trade dress


imperial icedepreville ice

Moet & Chandon sells ICE IMPERIAL champagne, ‘the first champagne specifically developed to be served on ice.’ Defendant sells DEPREVILLE ICE champagne. This is a description of plaintiff’s federal registration for its trade dress:

The color(s) white, gold, silver and black is/are claimed as a feature of the mark. The mark consists of a three-dimensional bottle design. The bottle is white. There is a silver diamond pattern at the base of the bottle. The silver diamonds become increasingly smaller as they go up the bottle, turning into silver dots and gradually fading into solid white. The foil on the top of the bottle is white with an embossed diamond-like pattern. The word “MOET” appears vertically in gold on the neck of the bottle. Above the word “MOET”, there is a gold star. Underneath the word “MOET”, there is a ribbon design in black with gold trim around the neck of the bottle. Where the ribbon crosses, there is a circular gold seal featuring the words “MOET & CHANDON EPERNAY FRANCE”, a stylized crown design, and “1743”, all in black. At the base of the bottle, there is a rectangular white label with the words “MOET & CHANDON ICE IMPERIAL” in black in the center. Above the words “MOET & CHANDON ICE IMPERIAL” on the label is a gold crown design, and underneath the words is a gold star. There is a thin gold band at the top of the bottle label, and there is a thick gold band at the bottom of the bottle label.

ice imperial v depreville trade dress.pdf



26
Oct/14

Recent District Court Decisions




22
Oct/14

Recent TTAB Filings




22
Oct/14

Recent UDRPs




22
Oct/14

There’s nothing to see here. Move along. Keep moving


New York Post v someone who isn’t the New York Post. A little sad.

nyp v new york post.pdf



17
Oct/14

Recent Tweeted Decisions




8
Oct/14

MYRA v Barack Obama (well, US Treasury, really)


obama myra

Plaintiff uses MYRA to promote retirement accounts. Barack Obama promoted the myRA retirement account in his State of the Union address. Plaintiff sues US Treasury for trademark infringement. In two minutes of Googling I found that there is a Trademark Remedy Clarification Act that purports to limit sovereign immunity with regard to trademarks and at least one Circuit decision that held that provision to be unconstitutional.

Mr. President, the next time you are considering the use and registration of a trademark, we hope you consider our firm. We offer Manhattan credentials at White Plains prices.

myra v myra.pdf



6
Oct/14

Call for Papers: INTA trademark scholarship symposium


The International Trademark Association (“INTA”) is pleased to host the Sixth Annual Trademark Scholarship Symposium during the 137th INTA Annual Meeting in San Diego, California. The Symposium will take place on Monday, May 4, 2015 as part of INTA’s Academic Day and is an opportunity for trademark scholars from around the world (including part-time and full-time professors, graduate and post-graduate students) to participate in small group discussions of scholarly works-in-progress. Each selected scholar will present their project in a workshop setting, receive comments, and engage in a dialogue with other academic scholars and accomplished trademark practitioners.

Please send an abstract (approximately 300 words) describing a current trademark or unfair competition scholarship project to project co-chairs Julie Cromer Young at [email protected] and Jim Faier at [email protected] by November 1, 2014. The project team will then select a maximum of 8 projects to be presented at the Symposium, grouped into related topics or themes. Selections will be announced by February 1, 2015. For each selected project, a working draft of the paper (10-20 pages) must be submitted by March 15, 2015. There is no publication obligation.

Participants will receive complimentary registration to the Academic Day program, including an all-professor panel exploring boundaries of trademark law, a trademark professor luncheon, a reception and other networking opportunities. Additional expenses are the speaker’s responsibility. For INTA membership and Annual Meeting registration information, please contact Nilsa Laboy at [email protected]



22
Sep/14

LA CREMA v CREME SOLAIRE, for wines


la crema v creme solaire.pdf



22
Sep/14

BLUE CATS TRIPPIN v PABST BLUE RIBBON


blue cats trippin pabst-blue-ribbon-beer-650-ml-bottle1

The demand letter from the owners of the PABST mark was sent September 12. VIP Products, maker of chew toys for dogs which parody well-known trademarks, filed the declaratory judgment action on September 19. I have blogged about a previous DJ action brought by this plaintiff relating to CRISPAW (CRISTAL),

blue cats trippin v pabst blue ribbon.pdf