Trademark Infringement Lawsuit Filed Based on Registered Trademark for “Own Your Power”:
A trademark infringement lawsuit filed against Oprah Winfrey is set forth below. Please note that there is a trademark registration for “Own Your Power” for words, letters and/or numbers in stylized form with a first use date of November 5, 2006 filed by Simone Kelly-Brown (see below). There is also a registered trademark for “Own Your Power” registered to Marin Solar, Inc. for solar power and electrical systems with a first use of 2007 (see below). Note that Oprah uses the term on her website to suggest women “seizing the moment” and female empowerment.
Few trademark infringement claims result in trademark infringement litigation. The cost of litigation is expensive. Instances of little companies taking on powerhouses like Oprah Winfrey are even rarer. Regardless, trademark law dictates that whoever used the trademark in commerce first within a market segment will almost always have superior trademark rights. The instances of companies stumbling into an infringement situation continue to rise as a result of the growth of the internet and online marketing.
The law blog Lawyerist files lawsuit against Peerviews Inc., to invalidate its trademarks “BigLaw” and “Small Law."
On February 24, Aaron Street from the Lawyerist blog received a trademark notice threat letter from trademark law firm Fish & Richardson demanding it remove its Feb. 15 blog post titled “Above The Law Goes Small Law” because the use of “Small Law” in the title of the post infringed on its client’s trademark registration in the words “SmallLaw."
The Lawyerist published the blog post with the title “Above The Law Goes Small Law” in reference to another legal blog called “Above The Law” which started covering news related to small law firms. In light of this, the Lawyerist maintains that the title was descriptive and accurate.
Trademark attorneys for ChaCha Search allege that HTC plans to begin offering similar search services on its smart phone which ChaCha Search claimes to have already developed and offered to its mobile phone users and that HTC plans to use the name and mark “ChaCha” for the smart phone.
Trademark Registration key for IHOP Enforecement Lawsuit
The international House of Pancakes filed a trademark infringement suit in California earlier this September against the International House of Prayer with IHOPancakes alleging the IHOPrayer deliberately choose that name to rope-in new followers by capitalizing off of the famous IHOP trademark.
Speaking on behalf of IHOPancakes, Patrick Lenow provided the public with the Pancake Restaurant’s motive for filing the lawsuit;
“We are compelled to protect the 350 small-business owners who own IHOP franchises and the IHOP good name that’s been around for 52 years”
Contributory Trademark Infringement in the age of the Internet is something every trademark attorney needs to understand.
There are two theories under which a defendant may become contributorily liable for the infringing conduct of another under trademark law;
First, a defendant can be liable for contributory infringement if that defendant “intentionally induces another to infringe a trademark.”
Second, the second theory of contributory infringement occurs when a defendant “continues to supply its service (for instance, an online sales, e-commerce or auction site) to a direct infringer whom the defendant knows or has reason to know is engaging in trademark infringement.”
The standard for contributory trademark infringement is set forth in the Inwood Laboratories, Inc. v. Ives Laboratories, Inc., 456 U.S. 844 (1982). Learning from Inwood, it is incumbent upon any person asserting their rights to a trademark that they provide notice (either direct or constructive) of any perceived infringement to the allegedly infringing parties.
Trademark registration for Maker's Mark Seal Upheld: On March 26, 2010 a federal judge ordered an injunction which ended a seven year legal battle.
The order was entered by U.S. District Judge John G. Heyburn II in the form of an injunction effectively preventing any rival of Maker’s Mark from using a dripping wax seal on tequilas it sells in the United States.
The Kentucky Associated Press commented on the unique Maker’s Mark sea which was secured through a trademark registration with the USPTOl;
“The dripping red wax seal on a bottle of Maker’s Mark bourbon is not only distinctive, it is now the exclusive legal property of the company that makes it.”
The London Times reports that the estate of sci-fi author Philip K. Dick intends to sue Google in a trademark infringement lawsuit over the use of Nexus One as a trademark for its new Android-based smartphone. The trademark infringement lawsuit will allege, it has been reported, that Google's use of Nexus One infringes on a trademark held by Dick's estate for Nexus Six, the name of the androids in Dick's novel Do Androids Dream of Electric Sheep, which was later adapted into the sci-fi blockbuster Blade Runner. If you are faced with a trademark infringement lawsuit, seek trademark registration, or believe that your trademark rights have been infringed, contact one of our expert trademark lawyers today at 866.936.7447.
Whether you have been threatened with a trademark lawsuit or you have actually been named a defendant in a trademark lawsuit, you are now at the point where you need to identify and retain a trademark attorney. In these situations, a trial lawyer with trademark experience is the kind of counsel that will be able to provide not only the substantive trademark knowledge necessary for these trademark lawsuits but also the trial abilities required to defend them. It is the trial attorney that will be able to help you navigate your way through the trademark litigation, which will include answering the trademark complaint, filing and/or responding to various motions, and ultimately defending your position in a trial before a judge or jury.
After you obtain atrademark registration, there comes a time in many trademark owners' business dealings where unauthorized third party trademark use must be addressed. Oftentimes, a third party is using your trademark in an unlawful way so as to constitute trademark infringement, trademark dilution, or some related unfair competition. While a cease and desist letter may have been an initial option, and even subsequent negotiation may have occurred, ultimately a trademark lawsuit will have to be filed. At this juncture, a trial lawyer with experience in trademark registration and litigation is critical.
Our leading internet law firm has lawyers and law offices in the following locations. Our internet attorneys handle matters and litigation cases throughout the Untied States on a pro hac vice basis, for clients like you from around the world. Speak with an internet lawyer from our law firm today for more information.
Traverse Legal Internet Law - Traverse City, Michigan Office | 810 Cottageview Drive, G20, Traverse City, MI 49684 | (231) 932-0411
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Traverse Legal Internet Law - Encino, California Office | 16830 Ventura Boulevard, Suite 358, Encino, CA 91436-1707 | (866) 936-7447