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Trademark Law

Las Vegas Trademark Attorney

Covers a wide variety of trademark issues, especially in Las Vegas and the 9th Circuit.
By Ryan Gile

Post Frequency: 2.1/day

Last Entry: May 24, 2010 at 14:15:00

Utah Cupcake Maker Sues Competitor for Trade Dress Infringement

Posted on May 24, 2010
I have a certain affinity for trademark infringement lawsuits relating to cookies and cupcakes (see here and here). So I couldn?t pass up posting about this cupcake dispute ? albeit a little dated in the world of blogging.On May 14, 2010, Mini?s Cupcakes, Inc...

District Court Dismisses Rosetta Stone?s Adwords Lawsuit Against Google

Posted on April 30, 2010
I previously blogged (link here) about the Google Adwords trademark infringement lawsuit brought by language software company Rosetta Stone against Google. See Rosetta Stone LTD v. Google Inc., Case No. 09-cv-00736 (E.D. Va.).On April 28, 2010, the U...

UFC files In Rem Cybersquatting Action Against theultimatefighter.com

Posted on April 26, 2010
Las Vegas-based Zuffa LLC (?Zuffa?), the company which owns the marks THE ULTIMATE FIGHTING CHAMPIONSHIP and UFC in connection with mixed-martial arts competitions, filed an in rem lawsuit in the U.S. District Court for District of Nevada against the domain name theultimatefighter...

"South Butt" Parody Lawsuit Comes To A Quiet End

Posted on April 19, 2010
Pittsburgh Trademark Lawyer provides closure on the North Face v. South Butt trademark ?parody? dispute (previously blogged here and here). And it looks like ?Little Jimmy Winkelman? got the last laugh ? with North Face apparently allowing him to continue selling his ?South Butt? merchandise (which was made all the more valuable in large part due to the lawsuit filed by North Face)...

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Court Decision Upholds Jus Tertii Defense in BASMA Trademark Lawsuit

Posted on April 14, 2010
United Food Imports, Inc. (?United Food?), a wholesale distributor of packaged food products imported from Egypt, sued several food distributors alleging trademark infringement for the unauthorized use of the mark BASMA in connection with products being sold to members of the Middle Eastern community residing in the United States...

District Court finds that Casino De Monte Carlo owner has no enforceable trademark rights to CASINO DE MONACO

Posted on April 08, 2010
The Casino de Monte Carlo in Monaco A New York District Court has determined that the owner of the Casino De Monte Carlo does not have enforceable trademark rights in the mark CASINO DE MONACO and has granted summary judgment in favor of a UK company that had been sued for trademark infringement and cybersquatting over its use of the name GRAND MONACO CASINO in connection with an online casino...

Court finds no abandonment of ATLA mark by American Association for Justice

Posted on March 26, 2010
The American Association for Justice (?AAJ?) (formerly the Association of Trial Lawyers of America) won a signfiicant victory in its trademark infringement lawsuit against The American Trial Lawyers Association (?TheATLA?) (previous blog posts here and here) when the court found that the AAJ had not abandoned its trademark rights to the ATLA mark despite having intentionally made the decision to change its name from ATLA to AAJ...

The Cupcakery suffers minor setback in lawsuit against former employee

Posted on March 18, 2010
I previously wrote (link here) about the trademark infringement lawsuit filed by The Cupcakery, LLC (?The Cupcakery?) against former employee Andrea Ballus and her company Sift: A Cupcakery, LLC (?Sift? and together with Ballus, the ?Defendants?) in Nevada District Court...

Court Concludes No Likelihood of Confusion between AutoZone and OilZone/WashZone and AutoZone?s Claims Barred by Laches

Posted on March 13, 2010
I previously blogged (link here) about the trademark infringement lawsuit brought by automotive parts retailer AutoZone against Illinois businessman, Michael Strick, doing business under the service marks Oil Zone and Wash Zone. The Seventh Circuit reversed a district court?s decision finding no likelihood of confusion as a matter of law between the AUTOZONE mark and Strick?s use of OILZONE and WASHZONE...

A New Chapter Opens in the ?Who Dat? Trademark Story

Posted on March 10, 2010
Earlier this year, the ?Super Bowl? trademark story of the year centered not around the NFL?s usual efforts to crack down on unauthorized use of the SUPER BOWL trademark, but instead about purported efforts by the NFL to claim ownership to the mark WHO DAT (coverage of the dispute here and here)On March 4, 2010, Who Dat? Inc...

Ninth Circuit Clarifies How Domain Names Can Be Attached By Creditors

Posted on March 02, 2010
Last week, the Ninth Circuit Court of Appeal clarified last week that creditors seeking to attach writ of executions against domain names in order to satisfy outstanding judgments can do so by levying the domain names through a court appointed receiver in a jurisdiction where either the domain name registrar or registry is located...

Judge Allows Ozzy Osbourne to Continue Lawsuit Over BLACK SABBATH

Posted on February 26, 2010
Back in June 2009, I wrote (link here) about the lawsuit filed by Ozzy Osborne against Tony Iommi over the rights to the BLACK SABBATH name. Ozzy?s lawsuit sought a declaration that he is at least a joint owner of the BLACK SABBATH mark (after rejoining the band in 1997 and revitalizing the brand) and that Iommi is not the sole owner of the mark as well as a cancellation of the BLACK SABBATH federal registration that Iommi currently owns on the basis that Iommi, when he filed the application in March 1999, made a knowingly false statement to the PTO when he declared that no other person had any right to use the BLACK SABBATH mark in commerce...

Google ? the real profiteer of ?typosquatting?

Posted on February 24, 2010
An article in NewScientist.com highlights a report done by two Harvard University Professors entitled ?Measuring the Perpetrators and Funders of Typosquatting? which analyzes the profitability of ?typosquatting.? Of course, the not-so-surprising finding from the study is that Google may be earning almost $500 million per year from domain name registrants who engage in so-called ?typosquatting? who then post pay-per-click (?PPC?) ads generated by Google...

Battle Lines Drawn Between City of Las Vegas and Clark County over rights to .VEGAS top-level domain

Posted on February 16, 2010
I previously blogged (link here) about the efforts by the City of Las Vegas to partner with local company, Dot Vegas Inc. (?Dot Vegas?), over the creation of a new top-level-domain (?TLD?) ? .VEGAS (a new domain name address suffix that could be used instead of the more common TLDs of ...

Article spotlights partnership and conflict over .VEGAS top-level-domain

Posted on February 03, 2010
The Las Vegas Sun ran a story yesterday (link here) regarding the efforts of the City of Las Vegas to enter into a partnership with a local company, Dot Vegas Inc. (?Dot Vegas?), over the creation of a new top-level-domain (?TLD?) ? .VEGAS (a new domain name address suffix that could be used instead of the more common TLDs of ...

Senator Leahy (D-VT) Introduces Trademark Legislation and Decries Trademark Bullies

Posted on January 27, 2010
According to a press release from Senator Patrick Leahy?s office, the Senator is introducing a bill entitled The Trademark Law Technical and Conforming Amendment Act Of 2010 (S. 2968).The legislation purports to make some technical and confirming amendments to U...

Busy Busy Busy....

Posted on January 18, 2010
What?s a blogger to do when too busy to post something original ? cite to other interesting blog posts, of course. Seattle Trademark Lawyer Michael Atkins, posting a follow-up related to a declaratory judgment action for noninfringement of alleged trade dress filed by language software company Topics Entertainment Inc...

Minnesota Indian Casino Sues Local Henderson Casino Over MYSTIC name

Posted on January 08, 2010
Mystic Lake Casino Hotel in MinnesotaLas Vegas Sun reporter Steve Green reports on the trademark infringement lawsuit filed in Nevada District Court by the Shakopee Mdewakanton Sioux Community (?Shakopee?) against Templeton Gaming Corporation (?Templeton?) and its owner Hugh Templeton (link to story here) [I am quoted in the article]...

Jack Binion Loses Appeal Over BINION Trademark Applications

Posted on December 29, 2009
(Binion's Casino in Downtown Las Vegas)The TTABlog� reports on a precedential decision issued by the Trademark Trial and Appeal Board upholding a decision by the U.S. Patent and Trademark Office to refuse registration of two intent-to-use trademark applications filed by Jack Binion for the marks BINION?S and BINION for ?casino and gaming services? and ?hotel and bar services...

Las Vegas Review Journal Sues Companies Over ?The Best of Las Vegas?

Posted on December 23, 2009
(...and the award for Best Trademark Law Blog in Las Vegas in 2009 goes to...)Stephens Media LLC (?Stephens?), the owner of the Las Vegas newspaper The Las Vegas Review Journal, has sued three companies for trademark infringement over the use of the mark ?The Best of Las Vegas...

Trademark Battle Over the Fame of ?Atlantis? for Casino Services Headed to Trial In Nevada District Court

Posted on December 21, 2009
Two casino companies fighting over the right to use the service mark ATLANTIS in connection with casino services are heading for trial after two Nevada District Court orders ruled on multiple motions filed by the parties and set the stage for the parties to proceed to trial...

Two Trademark Parody Cases For Your Amusement

Posted on December 14, 2009
In the first case, the companies behind the JOHNNIE WALKER brand of scotch whisky are suing the purveyors of JOHNNIE BARKER BLACK LAB flavored dog water (pictured above on the right) for infringement and dilution of the JOHNNIE WALKER BLACK LABEL trade dress (pictured above on the left) (see registrations here, here, and here)...

Dispute Over ?Cameltoe? Hiding Underwear Invention Morphs Into Trademark Dispute

Posted on December 03, 2009
Fans of ?The Howard Stern Show? on Sirius/XM Satellite Radio will appreciate this trademark dispute.On November 10, 2009, Howard had two females guests on his satellite radio show discussing their competing women?s undergarment products designed for women who wish to hide their visible cameltoe (a rundown of the appearance can be found at the show Rundown section of howardstern...

The SOHMER piano trademark war - a new battle front opens in Illinois District Court

Posted on December 02, 2009
A long-running battle being waged between two companies over the trademark rights to the mark SOHMER in connection with the sale of pianos just got kicked up an additional notch. On February 15, 2001, an Illinois man named Edward Richards filed an intent-to-use trademark application with the U...

Smiley Company Frowns On Court?s Decision to Deny Motion to Dismiss

Posted on November 20, 2009
An Illinois district court has denied a motion to dismiss filed by Franklin Loufrani and The Smiley Company SPRL (together ?Smiley?) seeking dismissal of numerous counterclaims brought by Wal-Mart Stores, Inc. (?Wal-Mart?) in Smiley?s action under 15 U...

Planet Hollywood Resort & Casino Gets TRO Against Domain Name

Posted on November 19, 2009
(Photo credit: Freelasvegasphotos.com)Another week, another Las Vegas resort and casino cybersquatting case.This week, it is OpBiz, LLC (?OpBiz?) ? the owner of the Planet Hollywood Resort & Casino in Las Vegas ? going after Unister GmbH (?Unister?), an company whose domicile is unknown but believed to be in Germany...

Cybersquatting or Domain Name Hijacking? You be the judge.

Posted on November 10, 2009
New York-New York Hotel & CasinoOn November 6, 2009, New York-New York Hotel & Casino, LLC (?NY-NY?), the company which owns the New York New York Hotel & Casino in Las Vegsa, brought a lawsuit in Nevada District Court against California resident Ronnie Katzin, the owner of the domain name newyorknewyork...

Two more high profile trademark infringement lawsuits end with confidential settlements

Posted on November 07, 2009
McDonald?s reached a confidential settlement with the Lion's Tap ? an Eden Prarie, Minnesota restaurant which claimed trademark rights to the mark WHO?S YOUR PATTY in connection with restaurant services (registration application applied for on August 25, 2009) ? over McDonald?s Angus burger marketing campaign which used WHO?S YOUR PATTY as a tagline (see billboard below)...

Weekly Wrapup of Nevada District Court Trademark Lawsuits

Posted on October 31, 2009
It was a busy week for trademark related lawsuit filings in the U.S. District Court for the District of Nevada (and not a single one of them filed by me).Price Products, LLC v. Juvenile Solutions, Inc., Case No. 09-cv-02067 (D. Nev. October 27, 2009) (Complaint)...

Nevada District Court dismisses some of Texas Domainer?s counterclaims against World Market Center

Posted on October 16, 2009
In a case that pits the World Market Center against Texas? most notorious domainer, Texas International Property Associates (?TIPA?), the Nevada District Court granted World Market Center Motion to Dismiss (with leave to amend) several counterclaims that sought cancellation of some of World Market?s Center registered trademarks listed in its complaint that did not form the basis of its trademark infringement and cybersquatting claims against TIPA...

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