Protecting Band Merchandise: ITC Orders (Part 2 of 5). ACCORDING TO SEIZURE DATA, AROUND 84.5% OF THE SEIZED COUNTERFEIT GOODS IN 2013 ORIGINATED FROM CHINA & HONG KONG ALONE. FURTHERMORE, 20% OF THE TOTAL VALUE OF SEIZED COUNTERFEIT MERCHANDISE WAS SENT TO THE UNITED STATES.
In those statistics lie many of the #counterfeit band merchandise items which are sold to defraud both bands and their fans. It is not only the “big bands” which need to worry about having their #merchandise ripped off. Having one’s merchandise be imitated and peddled is just one of the outcomes of growing large enough to gather both a decent market of fans who would willingly buy branded apparel and attention abroad in foreign counterfeit markets. Many of the counterfeits and #knockoff merchandise come into the US from abroad.
ITC exclusion orders are used to try and halt offending counterfeit goods from entering the United States. For more information regarding obtaining #ITCExclusionOrders , contact our office for a free consultation (1-877-9-Seller). http://rosenbaumfamularo.com/protecting-band-merchandise-itc-exclusion-orders/
Musicians Should Check Their Names and Confirm Nobody Else Can Assert a Claim for Trademark Infringement
A key source of revenue for rock bands today is generated through the sale of merchandise bearing the rock band’s name or logo. When a band puts its name/trademark on goods like clothing, the band crosses into an industry not directly related to music entertainment.
Music and fashion share many of the same customers. Both industries tend to track the same trends, attitudes and tastes. Both focus on youth, counterculture and nonconformity. This makes it possible that similar or identical names might overlap between the music and fashion industries. Hypothetically speaking, a cool/young band may name their group the same name as an already-trademarked name of a clothing band trying to market themselves as a cool/young group.
The attorneys at #RosenbaumFamularoPC are available to speak with musicians all over the world about this specific area of the law. Consultations are free.
So the LEGAL TEA is HOT this week (and especially for the Kardashian/Jenner clan). On Wednesday a mobile marketing company Vibes Media filed a trademark infringement and unfair competition suit against Kim Kardashian for her KKW Vibes perfume. The Vibes perfume comes in a bottle shaped like a speech bubble with the word “Vibes” written across the front. Vibes Media claims that this fragrance bottle is a replica of their registered “Vibes” logo, that KKW intentionally coped their logo, and consumers may confuse KKW’s fragrance to be a product of Vibes Media. Vibes media is now asking for the court to order Kim K to stop selling the perfume with that logo, AND monetary damages (since KKW grossed over $5 million dollars from the sale of these perfumes). Although the words are the same, it is written in different fonts and the speech bubbles are different colors (these variables can either make or break Vibes Medias’ case).
I’m curious to see how the court rules on this one, or if Kim K will simply settle way before it gets in front of a judge. 🗣🗣🗣 Do you think this is a trademark infringement or are they overreacting ?
Rick Ross is in hot water yet again over the use of a name he’s attached to himself.
A court has reversed the 2015 ruling over a rapper’s suit against Rick Ross, Def Jam Records, and Universal Music Group over the name Mastermind, according to Bossip. The relatively unknown California rapper Mastermind, whose real name is Raul Caiz, had originally trademarked the name and used it for almost 20 years.
After Ross released his Mastermind album in 2014, Caiz issued a cease and desist to Ross as well as demanding $2 million in damages in 2015. Ross didn’t respond to the claim and headed out on his Mastermind tour. Then in February 2016, Ross went to court with a countersuit that ultimately ended in a win for Ross and had Caiz’s trademark nullified.
Caiz then appealed and last Friday (June 15), the original decision was overturned. The main point of contention was whether Ross had made it clear that using the word “mastermind” naturally included musicians. The panel of appellate judges decided that Ross’ team had failed to do so.
It is unclear whether Caiz has been awarded his $2 million yet.
Ross has been involved in multiple court cases over the use of various monikers that he’s adopted including the one in 2012 with “Freeway” Rick Ross and in 2010 with Teflon Don.
📝 | Bryan Hahn
Gooood morning everyone! Are you guys still in the Raya/Eid mood? No worries, if you are, then we are in the same boat. *emoticon*.
Anyway, I am sure you have heard of Locarno Classification, the one that we have shared with you previously for letter “L” in our #ipvolusiAtoZ section. But today, we want to share with you on Vienna Classification. Any ideas on what Vienna Classification classifies? 🤔🤔🤔
Different from Locarno Classification that is an international classification for industrial designs, Vienna Classification is an international classification of the figurative elements for trade marks. When performing similarity search on a mark, all figurative elements of the mark have to be classified, whereby the classification constitutes a hierarchical system that proceeds from general to particular. It divides all figurative elements into categories, divisions and section. 🗂🗂
Yes, we know it all sounds a bit too complicated. But have no fear, everything will be crystal clear once you apply for a trade mark with us! We will let you know more on how we find the similar marks to your mark when conducting our similarity search! 😉😉
Dating app company Tinder is showing no love to rival Bumble, and has filed a lawsuit alleging that Bumble is infringing it’s patent, it’s trademarks, and stealing trade secrets. That’s a whole lotta suing, and today I’ll talk about the trademark infringement issue. If you want to hear about the other issues, just message me and I’ll cover the other aspects of this lover’s quarrel.
Tinder, Inc, the owner of the mark, came to own the mark (Registration number 4465926) after the mark was transferred to Tinder on February 27th, 2015 by a company called SpeedDate.com LLC. A perusal of the record gives no hint as to why the mark was transferred, but given Tinder, Inc.’s aggressive stance, I suspect some bullying behavior on Tinder’s part was involved in the transaction. Big companies often acquire trademark rights by less-than-ethical means when confronted by smaller trademark holders who can’t afford to defend against this sort of predatory behavior. But I digress...
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Surely many of us already know that a trade mark is basically a recognisable sign or expression that distinguishes one product to other products; or one service to other services. So, for today we would like to share with all of you the importance of a trade mark. 🤓🤓
In the view of a consumer, it goes without saying that a trade mark helps consumers to choose goods and services with ease. Consumers also tend to define a certain trade mark for its known quality. More often that not, we as consumers go back to the same product because we trust that product more than certain other products. .
On the other hand, in the view of a trade mark owner, apart form having the right to prevent others from using his registered mark, trade mark plays a significant role in marketing. It is common for consumers to be attracted to buy a certain product based on continuous effective advertising. The more attractive and eye-catching a trade mark is, the more effective the advertisement would be. In addition, once the trade mark is recognisable to consumers, the trade mark may be a valuable asset to the owner as the trade mark may also be licensed or franchised to others who wish to use it. Pretty amazing huh? 🤯🤯
So what are you guys waiting for? File your brand for trade mark with us now and we will share with you other perks of having your trade mark registered! 👩🏻💻👨🏻💻
Trademarks do not expire unless you stop using them. If someone can prove you stop using your trademark for over a 3-year period they can prove abandonment and you can lose your trademark common law rights. Now, you must file maintenance documents on your registered trademark before year 6 has come to pass. Then every 10 years you have to file a continuous use filing with the trademark office. www.rjpiercelaw.com
So, I’ve been reading the pleadings of an ongoing trademark infringement case to KT. The case involves a beaver and a crocodile. I showed him a picture of the crocodile. I also made him take a really good look at the beaver. I then asked him if he was confused. He burst out laughing and said, “No, silly Mommy. I know the difference between a beaver and a crocodile. Maybe the Plaintiff is confused, but I’m not! I’m smart!” We both started laughing heartily. See Buc-ees v. Panjwani et. al. 😂😂😂😂 #HeSaidIt#NotMe#TrademarkInfringement#FrivolousClaims
Alright, listen, I own four recasts, none of which were made by Lou, (as far as I can tell) and that's not going to change. I know that we are not all the same in our moral compasses, but I do know that this is true. For every market, a sub-market grows. Whenever something beautiful is made and put out into the world, there is almost a guarantee that it will be stolen/recasted/copied/emulated in some way, shape, form, or likeness. Bootlegs and knockoffs have been around for as long as art has, and they aren't going anywhere, but Lou has no right to file for the trademarks of art that he/she/they did not create. I makes me sick to discover that he had the audacity to apply for their trademarks when he knows he didn't create these dolls. I'm not sure what I can do to help these companies in this case, and I doubt that they would want help from someone who owns recasts, but if you want to leave a suggestion in the comments, I'd love to read them. Also, if you no longer feel comfortable following me because of my recasts, so be it. Regardless, have a great life and blessed be. #recastbjd#falsification#trademarkinfringement#theft#bjdnews#bjdproblems#bjd @puffypuffers #recastdebate#bootleg#knockoff#ripoff#intellectualproperty#golegit
#Nestlé 's #KitKat faces the loss of #EU#trademark protection for its four-fingered chocolate bar, after a senior adviser to the European Court of Justice said the shape was not recognised by customers in enough countries. (…) The application was granted in 2006, and in response to the challenge by Cadbury in 2007 "the EU agency said KitKat had “acquired distinctive character” across Europe, which is a condition for granting the protection… After Cadbury appealed, the General Court, a lower EU court, annulled the protection in 2016. The judgement said that KitKat’s shape was distinctive in 10 EU countries but that was not enough. The 10 countries where people recognised the KitKat shape were Denmark, Germany, Spain, France, Italy, the Netherlands, Austria, Finland, Sweden, and Britain." "The case is now set to be heard by the European Court of Justice, which is the EU’s top court." https://www.telegraph.co.uk/business/2018/04/19/nestles-kitkat-dealt-blow-trademark-battle-eu-adviser-says-not/
Make my trip vs Get my Trip brandname dispute.
MakeMyTrip accused of stifling competition; injunction in its favour set aside
In Makemytrip (India) Private Limited v Orbit Corporate Leisure Travels (I) Private Limited, a travel company, MakeMyTrip (India) Private Limited, sought to restrain use of the mark GETMYTRIP on the basis of its registered rights in the mark MAKEMYTRIP. At the time of admission of the suit, an ex parte interim injunction was granted by the Delhi High Court in favour of MakeMyTrip. The injunction was challenged by Orbit Corporate Leisure Travels (I) Private Limited, owner of GETMYTRIP, and an application was filed to set aside the injunction order.
Jack Daniel’s files TM suit against ‘inferior’ whiskey companies.
Whiskey brand Jack Daniel’s has accused two Texas-based alcohol companies of diluting its trademarks and trade dress by using it on “inferior” whiskey products.
eBay VERO is at it again. This was for a USED T-shirt that had part of a phrase “parental advisory” and that’s all... I’ve emailed the listed email address already, no response. Pretty sure I was suspended for three days, zero sales for that period. Looks ok now though... This is worrying, what brand can you list?