Trademark laws are there to protect the exclusive rights and privileges of any institution and company on the use of a trademark. The sharing of the mark most likely leads to consumer confusion on issues pertaining origin of the goods. To establish and claim the mark the owner has to demonstrated ownership of legally and protectable mark. For a claim to prevail of the mark there is a need to be valid marker that is entailed to protection and the use by another owner of the same or similar mark. This claim entails, the “use”, “in commerce” and the “likelihood of confusion” and all these may be established to threshold accepted by law.
Registration of a Mark
Marks are registered with the American patent and trademark office (PTO) in Washington. The procedure entails application by a registrant with PTO. The registrant provides and designates the slogan, symbol, name or logo he intends to use. There is a need for the registrant to prove either that he intend to use it in commerce or he has used the mark within six months from filling the application. If it has not been used for the last month the applicant loses the right of registration hence the need to file a six month extension on use of the trademark. The mark will be registered if found no infringing any other existing mark and the applicant has paid and met other necessary requirements by law.
Milk Studios Sues Samsung Over Use of Name; Milk Studios Alleges Trademark Infringement by Samsung Over Use of Name for Streaming Service
The Samsung Company was sued by the Milk Studios because of using the name for streaming service, which it considered as an alleged trademark infringement. The firm complained was filed in the District Court of the Southern District of New York in the US. The complainant considers the name was used knowingly, intentionally and willfully by Samsung for its music-streaming services in order to benefit on the "cachet" related with Milk Studios (Kathy, 2014). The company had served for more than 15 year as a multimedia studio and was located out of Los Angeles and New York.
According to Milk Studios the allegation was on the trademark violation by the South Korean technology giant’s mobile application and music-streaming service. The Milk Studios is pursuing an undetermined amount of compensations for what it is termed as trademark and unfair competition dilution. In addition, the company was started as a photography venue and is utilized for fashion shows by Tom Ford as designers for music recording, listening sessions and video production by artists like the Kane West.
Nevertheless, there was no comment made by Samsung on the complaint. The company has a problem with the development. The firm pursues to increase its services and software in order to improve on its strength of competition with Google and Apple Inc. In addition, Samsung has been employing engineers in order to assist in wearables, application for mobile devices and develop its own platform and other customer electronics, since it tries to differentiate itself.
The Samsung used the Milk Music in March because it is one of its modern initiatives. Again, it enhances its Galaxy smartphones to stream at least 13 million songs from more than 200 radio stations. Currently, Samsung managed to launch Milk Video, which is the latest mobile video service. The lawsuit recommended that the Milk Music was established later, than Samsung partnered with Milk Studios based on the 18 occasions from 2006. These include photo shoots, which was carried out in the studio on September 2014. Samsung was provided by the partnerships with personal knowledge of the Milk Studios and Milk brand as it was claimed in the suit. Milk Studios was used in 2011 as the venue when Samsung was launching for its Infuse 4G mobile telephone and in 2012 Samsung’s latest appliance offerings were also launched based on the lawsuit.
Tough Mudder claims Lehigh County man's 'Mini Mudder' obstacle courses infringe on trademark
A Brooklyn company promoting tough Mudder obstacle course sued an upper Macungie township man who also is hosting version of the same participated by children. Tough Mudder inc. who organizes under 12 mile claims that Dobias infringed its trademark hence damaged its brand use a brand name mini Mudder to promote his kids challenge. A federal law suit requested court to order Dobias stop from using, tough Mudder, mini Mudder trademark orange band as parts of its identities. It the law suit, it was claimed mini Mudder and Dobias infringed tough Mudder company trademark by infringing the feel and overall look. This created confusion among clients threatening company reputation.
Suit against Google Revived
According to the three-judge panel in Richmond of the Fourth Circuit Court of Appeals, a new life was inspired into a suit filed by the Rosetta Stone Inc, which was a language-software maker. Consistently, it ruled that the lower court in Virginia blundered in terminating claims, which was made against Google that has infringed on its trademarks and diluted its value. In addition, the Google Inc. suffered the second lawful setback within two weeks from the time the U.S. appeals court evacuated part of a lower-court conclusion terminating a trademark-infringement lawsuit against the Internet-search company.
In addition, the suit permitted Google to endorse different companies to use words like that of Rosetta stone in advertisements on Google's search engine. Again, Rosetta stone purported such advertisers as confused customers. It also demanded that most of the promoters vended counterfeit Rosetta stone products. The ruling was made after some time when New York petitions were revived by the court. It is because it had filed a case five years ago beside Google's YouTube video site on the allegation of unauthorized posting of Viacom's content. A Google presenter made a statement that ‘We think that the legitimate use of trademarks as keyword triggers helps consumers to make more informed choices. For what remains of the case, we're confident that we will prevail" (“Suit against Google Revived,” 2012).
The Red-Sole Case
According to corporate colors, brown is considered to belong to United Parcel Service Inc. While, Owens Corning defends that its shade is pink. It also takes dominion above robin's-egg blue. In addition, the famed French shoemaker Christian Louboutin SA has stridden into the U.S. 2nd Circuit Court of Appeals in Manhattan to mark the case that it should successfully own the exclusive right to use red. It is termed as the shade "China Red”, which wool the ends of its popularity, and its pricey high-heeled shoes. In addition, as per the observation of the conspicuously and large well-dressed audience who lead to the situation when more women present sported red-soled shoes and the lawyers made their arguments. Again, "Christian Louboutin has formed one of the extra iconic trademarks of the 21st century,” the attorney argued that Harley Lewis, earlier of a three-judge panel. "Louboutin turned a pedestrian item into a thing of beauty" (Ashbey, 2012).
The client and his master Mr. Lewin were in court expecting that the court will reverse a lower-court decision. It appeared that the made proportions on Louboutin shouldn't be endorsed to embrace a trademark for its mark red-soled shoes, which sported in the current years by red-carpet. Again, it includes A-list luminaries countrywide, from Halle Berry and Scarlett Johansson to Christina Aguilera and Beyoncé.
Redskins Lose at Name Game
A trademark protection was withdrawn by the federal agency for the Washington Redskins, since it claimed the nickname is an offence to Native Americans. It was considered to have threatened millions of dollars as the National Football League and team operating from sponsorships and merchandise. In addition, a three-judge panel at the Trademark and Patent Office ruled 2-1 that the name wasn't commendable of federal trademark protection (Jacob, Ashby & Kevin, 2014). The judgment might escalate the promotion against a brand that the team owner Daniel M. Snyder and NFL have dynamically safeguarded against gradually strident criticism.
Village Voice Media Again Sues over the Phrase, 'Best Of'
The Village Voice Media, which is a publisher covering shopping, restaurants, events entertainment, and other categories for its numerous native publications across the U.S. The media company is demanding to have limited rights to the phrase in 10 such cases as “Best of Twin Cities and Best of Phoenix, which is now is suing Yelp (YELP) because of using these registered marks. It is not the first time to take legal action on the same trademark by the VVM (Wong, 2012). In 2011 the company sued Time Out New York for its yearly “Best of NYC. In addition, the suit was settled in April 2012 and it was claimed that the problem has been resolve by Suskin; therefore Time Out New York will not publish the issue under the same name.
Pharmacies Sue Pfizer Over Lipitor
There were five retailers who joined a lawful battle against Pfizer Inc.; they accuse the drug maker because of using anticompetitive tactics in order to postpone the introduction of rivalry of generic copies of Pfizer's blockbuster cholesterol-lowering medication Lipitor. Based on the lawsuit filed one can state that there was an addition of litigation contrary to Pfizer in the rouse of Lipitor's defeat of U.S. the market triggered the launch of lower-priced non-standard styles and initiated eroding sales of the brand-name drug (Peter, 2012). The plaintiffs in the newest lawsuit believed that generic copies of Lipitor would have made available in the last 20 months in March 2010. It is when the unusual U.S. complex patent for Lipitor reaches expiry date.
The lawsuit proclaims that Pfizer used a predominant monopolistic system in order to postpone generic Lipitor until November. In particular, the drug producer was blamed because of subsequent defrauding in the U.S trademark and Patent Office in order to obtain a Lipitor patent. In addition, filing a sham civilian appeal with the U.S Drug and Food Administration and securing a 2008 contract with Ranbaxy Laboratories Ltd. barred Ranbaxy from selling nonspecific Lipitor until 2011.
Johnnie Walker Is No Explorer: How a Tiny Club Beat Diageo
According to Sir Ernest Shackleton whisky was a requirement on an Antarctic excursion, a stuffing detail that wasn’t misplaced on the intrepid promoting team of Diageo (DEO). In addition, they courageously slapped “Explorers’ Club” on a choice lot of Johnnie Walker. It is similar to Shackleton, who possibly has certain regrets (Stock, 2014). The Supreme Court of New York has administrated that the alcohol giant is unlawfully traded on the designation of the Explorers Club; a group of famous tourists that possesses a dusty in headquarters on Manhattan’s Upper East Side comprehend with a stuffed whale penis and artifacts from fabulous polar expeditions.
Johnny Football and the NCAA Loophole
A Texas man called Eric Vaughan commences to sell T-shirts by the slogan “Keep Calm and Johnny Football.” They were common, particularly because Manziel merchandise isn’t broadly accessible. Being a student athlete or an amateur in the NCAA’s dialect Manziel is not permitted to get any income from his likeness or image, thus cannot sell T-shirts (Boudway, 2013). In addition, the university is also restricted on how it can merchandise off of his fame. Again, it cannot sell jerseys with his name but can do so number, and can also use the nickname “Johnny Football” only in editorial and promotional material, like game programs.
Inclusion, trademarks are paramount in promotion of client base and for avoidance of confusion in regard to goods and services. The trademarks are used for the purpose of commerce and avoidance of any confusion that might lead to lose of clients or customers trust on the origin of the goods. Trademark has requirement which includes distinctiveness thus can easily be distinguished from another one hence the need of laws that will assist in hindering infringement. Trademark infringements occur due to owners trying to compete with other company in selling the same products to the same client. Trademarks should be unique and associated with specific product or services.
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