Gabbanelli2

Long-time readers of The Trademark Blog are aware of my fascination with the Gabbanelli Accordion Company (prior posts here and here). Imagine my excitement when I see the caption ‘Gabbanelli v Hermes’ and imagine my disappointment upon reading the complaint and learning that defendant is some other Hermes.

gabanelli v hermes
var docstoc_docid=”159783071″;var docstoc_title=”gabanelli v hermes”;var docstoc_urltitle=”gabanelli v hermes”;

navy chair

I speak about the EMECO NAVY CHAIR a little bit in my LAW OF SHAPES TO COME talk because it’s one of those controversial shape trademarks – chairs where the original manufacturer tends to sue on trademark a bit (prior blog post here), and, let’s face it, you see them around. I took the photo above two weeks ago in a restaurant in Westhampton, NY. I examined the chair, didn’t see a manufacturer’s mark, then went back to my margarita. Word mark and design patent infringement is alleged as well as trade dress.

emeco navy chair edny
var docstoc_docid=”159750765″;var docstoc_title=”emeco navy chair edny”;var docstoc_urltitle=”emeco navy chair edny”;

The latest on ‘advertising injury’ clause interpretation. The clause covered slogans or titles. The underlying infringement action involved pocket stitching on apparel. If the language was unambiguous, there is a strong preference to enforce the insurer’s duty to defend. The stitching was definitely not a slogan. When the underlying action was filed, there was sufficient uncertainty as to whether the stitching could be understood to be a ‘title,’ such that there was a duty to defend. Vacated and remanded for further proceedings.

cgs advertising injury
var docstoc_docid=”159431617″;var docstoc_title=”cgs advertising injury”;var docstoc_urltitle=”cgs advertising injury”;

Entrepreneur Magazine sues ENTREPRENEURESS.

If you were a cynic, you could point out that perhaps it is indicative of the state of entrepreneurship and of IP law in the US, that IP rights are used to make it difficult to use the word ENTREPRENEUR to describe information about entrepreneurs, or to even coin new words that incorporate the ENTREPRENEUR letter string.

entrepreneuress
var docstoc_docid=”159409650″;var docstoc_title=”entrepreneuress”;var docstoc_urltitle=”entrepreneuress”;

Defendant declared bankruptcy and the trustee allegedly sold to plaintiff, defendant’s trademark rights, including a federal registration for ZIG ZAG. Defendant continues to use the mark, despite the alleged assignment. Plaintiff sues for infringement. Plaintiff appears not to have begun use of the purchased mark.

zig zag v hubbard
var docstoc_docid=”159409336″;var docstoc_title=”zig zag v hubbard”;var docstoc_urltitle=”zig zag v hubbard”;