Florida Patent Attorneys & IP Lawyers : Florida Intellectual Property Law Blog

According to an article in the Washington Post, The United States Patent & Trademark Office has initiated a telecommuting pilot project for its examining attorneys, allowing them to work from home…wherever that home may be. Under this pilot program, ten experienced trademark attorneys possessing good job-performance ratings, will be permitted to move away from the Washington, D.C. area anywhere in the continental United States. The only condition for this program is that the attorneys must commute once a week to Alexandria headquarters, at their own expense. The United States Patent & Trademark Office can then keep the employees on the roster at agency headquarters and avoid activation of legal mandates for reimbursement of employee travel and per diems. The ultimate goal is to eventually have the attorneys visit headquarters less frequently than once a week, whether they live in North Carolina or Florida. Trademark lawyers can typically apply to telecommute after they have worked at the agency more than two […]

According to an article in the Atlanta Journal Constitution, a civil suit has recently been filed against EBay in France by Louis Vuitton and sister company Christian Dior Couture. These companies claim EBay is responsible for sales of counterfeit products that infringe on trademark rights. Louis Vuitton alleges that 90% of Vuitton bags offered during the first six months of this year on EBay were fakes. Knock-off products that infringe on others trademarks are a big business. In a recent conference in Washington, D.C., the “Countering Global Counterfeiting and Piracy” conference sponsored by the U.S. Chamber of Commerce estimated that fake goods cost U.S. companies between $200 billion and $250 billion annually. According to the Chamber of Commerce, the No. 1 source of counterfeit products seized at the U.S. border is China, accounting for 68% of all seizures in 2005. To combat its problems, EBay has created Vero, a program that allows companies to easily report misuse of their trademarks […]

According to an aricle posted on www.emediawire.com, a ten day extension has been granted in the case of Neuropathic National Council, Inc. vs. the State of Florida. The Tallahassee courtroom must decide if the practice of naturopathy should be allowed in the State of Florida, and who is the licensing authority for traditional naturpoaths, the Naturopathic National Council (as recognized by the federal government), or the State of Florida? Naturopathy involves a system of therapeutics in which neither surgical nor “inorganic” medical agents (i.e. pharmaceuticals) are used. The Naturopathic National Council, Inc. of Stamford CT is the only entity authorized by the federal government to confer a license to a Naturopathic Physician or Doctor of Naturopathy, N.D., under federal trademark registration No. 3,047,099, the Tenth Amendment to the United States Constitution and the Dormant Commerce Clause. In the current state of the law, it is a violation of the Lanham Trademark Act and an infringement upon the NNC’s certification mark […]

According to an article on MSNBC.Com, Red Bull GmbH, the maker of the world’s top-selling energy drink, has gone to court to try to prevent the importation of bootleg Red Bull through Georgia, in violation of its trademark. Red Bull GmbH filed a lawsuit on September 22, 2006 in a federal court in Atlanta,accusing an import company of selling “gray market” cans of the popular energy drink in Georgia and elsewhere in the United States to be imported to consumers in Argentina, Ireland, and Poland. The lawsuit goes on to state that Kassir Import-Export Co. and Jihad and Ziad Kassir of Los Angeles “opportunistically” shipped in lower-priced “gray market” cans from overseas. Red Bull was launched in Australia in 1987. The privately held company has been a huge seller in the beverage industry since it arrived in the United States in 1996, being the sixth-largest carbonated soft drink producer in the country, according to Beverage Digest. In 2005, Red Bull […]

According to the Associated Press, a federal judge in Miami ruled against tennis star Maria Sharapova, finding that a Florida production company did not violate trademark laws by marketing a documentary on the athlete, despite her agent’s attempts to prevent distribution. The judge concluded that Byzantium Productions Incorporated was within the law in its production of two documentaries entitled “Anna’s Army” and “Russian Women’s Tennis.” In light of the judge’s decision, Byzantium can proceed with plans to distribute the documentaries in Japan and elsewhere, though the filmmakers maintain that the damage has already been done. The doucmentaries also include interviews with Martina Navratilova, Billie Jean King, Chris Evert, and others.

The Tampa Bay Business Journal reports that New York-based Dennis Publishing Inc., publisher of Maxim Magazine, has filed a lawsuit for trademark infringement against Maxxim Men’s Club and Steakhouse in Tampa, Florida, alleging trademark dilution and unfair competition. Filed in the U.S. District Court for the Middle District of Florida, Tampa Division, the plaintiff’s case alleges that the defendant has “aggressively promoted and continues to promote the gentlemen’s club in a manner that causes patrons to believe that it is operated by, associated with, or sanctioned by Maxim.” Further alleged in the complaint is the big block letters in Maxxim’s matchbooks and other promotional materials “are intended to mimic the appearance of Maxim Magazine covers.” The demand also mentions that in radio advertisements, “the name Maxxim sounds exactly like plaintiff’s Maxim mark. The plaintiff is concerned that the Maxim trademark and Dennis Publishing, Inc. reputations have been tarnished by the defendants’ operation “as a strip club and by having female […]

According to a news story reported by MSNBC, A joint petition with the Trademark Trial and Appeal Board of the United States Patent & Trademark Office will be filed by six American Indian youths from across the country for the cancellation of the Washington Redskins football organization (Pro-Football, Inc.) trademark, “Redskins.” Another group of prominent American Indian leaders filed a similar petition in 1991 which is still pending. Both petitions call for the cancellation of the federal government’s registration of the Washington “Redskins” trademark on the grounds that its use is disparaging to American Indians. Cited in the petitions are extensive evidence regarding the history of usage of the term “Redskin” and public perception relating to its meaning. The original petitioners were barred by laches, a legal doctrine appied when a court decides that a party has taken too long to assert a right or claim and that the passage of time is deemed prejudicial to an adverse party. This […]

The Miami Herald reported that the United States Patent & Trademark Office has decided that the current registration on the trademark HAVANA CLUB is canceled/expired. Cubaexport, a Cuban government company that has a joint venture with Pernod Ricard to sell Havana Club in Cuba and around the world, plans to appeal the decision. Bacardi U.S.A. recently launched its own version of Havana Club rum in Florida, possibly expanding in key U.S. markets. Cubaexport must file an appeal with the United States Patent & Trademark Office within six months. The issue can further be appealed in U.S. Courts. In the meantime, the registration will remain on the books during the process. In 1994, Cuba and Pernod Ricard entered into a joint venture. Since then, sales of Havana Club rum have grown from 300,000 cases to 2.4 million cases in 2006. Because of the trade embargo, the rum is not sold in the United States, but is sold in Cuba, Europe, and […]

According to a press release on Yahoo, Home & Land Affiliates, LLC reached a favorable settlement in a lawsuit for trademark infringement brought against a real estate brokerage and its principals, having multiple Florida offices. A United States District Judge signed a permanent injunction which was part of the settlement. According to the Court’s Order, the marks HOMES & LAND and HOMESANDLAND.COM belonging to Homes & Land are enforceable and valid. The Defendants will be required to change their names an every aspect of their businesses and may not associate their buisness with the words “Homes” and “Land” together or in any similar variation. These trademarks owned by Home & Land are directed to real esate listing magazines, and are also used for dissemination over the internet of advertising for real estate agencies, real estate agency services, apartment rental services, relocation services, moving services, and for providing other business services and information for businesses and vendors.

According to an article on Stateline.org, states have begun cracking down on copycat musical performers who steal music from the original artists and deceive fans.   New laws have been passed in South Carolina, Pennsylvania, North Dakota, Illinois, and Connecticut requiring peforming groups include at least one original member in order to advertise or perform under the group’s name.   Traditionally, trademark law protects words, symbols, or phrases used in the identification of goods. Recording groups fall into a gray area because the product is the performing group, which changes as group members come and go.   Many new laws in this area are based on Pennsylvania’s Truth in Music Advertising Act, which prohibits groups from advertising or performing under false or misleading connections to other groups. Violators could face civil penalties from $5,000.00 to $15,000.00 in addition to restitution requirements.   Florida, California, Missouri, Nevada, and Ohio are working to introduce similar bills, and the Vocal Group Hall of […]

The Daily Press reports that Busch Garden’s parent company applied this month for a trademark for the word “Griffon.” According to the U.S. Patent & Trademark Office, the service provided by this mark will be “entertainment in the nature of an amusement park ride.   Busch Gardens‘ officials remain tight-lipped about the ride, which is scheduled to open in Virginia in late spring 2007, replacing the family-friendly car ride called Le Mans Raceway.   The park dropped clues to the new ride on its web site with a graphic that features a bird’s claw and words such as “flight,” “menacing,” “immense,” “strength,” and “vertical.” The word griffon, also spelled griffin, is a mythical eagle and lion hybrid. Fans are hoping the new ride will be a coaster like SheiKra, the so-called “dive machine” that opened at Busch Gardens Florida last year.   Plans for the ride filed with James City County call for a height up to 50 feet highter […]

Canada.com reported that Jeff Burgar, an Alberta entrepeneur, has lost a battle on the international stage after the United Nations’ domain-name arbitration body upheld Tom Cruise’s right to the website www.tomcruise.com.   Cruise’s lawyers convinced the Geneva-based World Intellectual Property Organization that Burgar must give up control of the website because he has no legitimate reason to be occupying an internet address exploiting Ton Cruise’s global stardom.   The panel, headed by Florida State University law professor Frederick Abbott, concluded Burgar’s “alleged bona fide use of the disputed domain name is a pretext for attracting internet users to its advertising and revenue-generating site…Free speech does not by definition entail a right to take unfair commercial advantage of a trademark.”   About ten years ago, Burgar saw the potential in the internet and began registering celebrity domain names. At the time there were few restrictions to prevent this. But now, the World Intellectual Property Organization handles disputes over legitimate ownership of […]

PC Welt reports that U.S. e-commerce Tiger Direct has filed a suit against Apple for trademark infringement with the launching of the newest Mac OS X, called “Tiger.”   The lawsuit, filed in Florida, requests a restraining order and injunction against Apple to prevent distribution of Mac OS X 10.4.   Allegations in the lawsuit include Apple’s “Tiger” campaign causing consumer confusion and diluting Tiger Direct’s trademarks. Apple’s promotion campaign refers to “Tiger Essentials,” “Tiger Unleashed,” “Tiger World Premiere,” and “X Days Until Tiger.” The promotion also directs consumers to a “Tiger Center,” that features products that are very similar to those offered by Tiger Direct.   The suit also claims that Apple’s publicity has displaced tigerdirect.com from its usual listing at the top of Google and Yahoo searches.

The South Florida Business Journal reports that West Palm Beach Florida-based Ion Media Networks is being sued by San Pedro California-based Positive Ions, alleging trademark infringement in a federal lawsuit.   The lawsuit was filed on July 10, after Ion Media Networks changed its name from the former Paxson Communications Corp. The lawsuit alleges that Paxson changed its name to Ion, even though it was aware of Positive Ions and its business.   Since 1999, Positve Ions has utilized the Ion trademark to promote its entertainment services via the internet. Also, the company formerly known as Paxson has filed intent to use trademarks for marks including ionNetworks, which is a subname utilized by Positive Ions.   Ion Media networks has not yet commented publicly on the lawsuit.

According to an article in Florida Today, a rock band called Supernova from Southern California has filed a complaint against CBS reality show “Rock Star: Supernova,” alleging it used the name first.   The complaint claims unfair competition and trademark infringement, and attempts to prevent the show and its participants from utiizing the Supernova name. The lawsuit was filed on June 27 in U.S. District Court by the Plaintiffs, who are also seeking damages.   The Plantiffs believe that they have a long standing common law trademark that entitles them to use of the name Supernova. The band first performed under the name Supernova in 1991, subsequently releasing several singles and three full-length albums.   Representatives of the CBS show which first aired this past July 5, filed seven U.S. trademark applications for the name Supernova and two for “Rock Star: Supernova.”