Coverage here:
Invesco Ltd., the Atlanta-based investment management company, has been sued by a Boston-based trust claiming infringement of its trademarks for exchange- traded funds.
Select Sector SPDR Trust said Invesco began marketing its PowerShares funds using the same XL ticker symbols SPDR has been using, in a complaint filed today in U.S. District
NY Times: “Got Milk? For Sports Drink Maker, Nestle Says No:
On June 9, Nestlé USA filed a petition with the United States Patent and Trademark Office to revoke Muscle Milk’s trademark for being “deceptively misdescriptive.” In response to questions from The New York Times, representatives for both Nestlé and CytoSport issued statements.
If Ron Coleman says that he worked his way through Law School as a Chippendales dancer, who am I doubt him. The story (and commentary) continues here.
NYSE owns a registration in THE OPENING BELL. It had to provide evidence of secondary meaning but it got it through.
Word Mark THE OPENING BELL
Goods and Services IC 036. US 100 101 102. G & S: operation of a securities exchange.
FIRST USE: 19030000. FIRST USE IN COMMERCE: 19030000
Serial Number 76222948
Filing
Wikipedia on Cloud Computing.
Word Mark CLOUD COMPUTING
Goods and Services:
IC 040. Custom manufacture of computer hardware for use in data centers and mega-scale computing environments for others
IC 042 Design of computer hardware for use in data centers and mega-scale computing environments for others; customization of computer hardware for use in data
Plaintiff uses the mark UTAH LIGHTHOUSE in connection with goods and services that critque Mormonism. There has been extensive history between plaintiff and the LDS faith. Defendant FAIR responds to such critiques, and created a parody website that was similar in appearance to that of Plaintiff. Defendant used domain names such as UTAHLIGHTOUSE.COM to direct
In this discussion of a Swiss Federal Adminisitrative Court decision holding that PEACH MALLOW is not descriptive of candy, the point is made that Marshmallows are no longer made of the Mallow plant.
TTAB decision holding HOTELS.COM to be generic.
If you got that right, you may be needed to testify as to secondary meaning. Story regarding the trademark suit here.
Update: WSJ Lw Blog points out that it woudl be great to attend a hearing in this suit, so that you can hear the judges and lawyers repeat the line over and over again.