Trademark Registrations for Emojis

12 06 2017

[This is another excerpt from my Emojis and the Law paper.]

The Trademark Office has registered emoji trademarks. On January 20, 2017, I conducted a search in the TESS database for “emoji” and identified 385 records. At that time, most of those are pending trademark applications; I counted only 62 actual registrations. Of those, most are word marks with no design elements; and the few with design elements usually incorporated an emoji within the design rather than constituting an actual emoji itself. Still, I found a couple of trademark registrations of emojis, including:

Registration No. 5048843 (Sept. 27, 2016) for a key emoji:

key emoji

 

 

 

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The content in this post was found at http://blog.ericgoldman.org/archives/2017/06/trademark-registrations-for-emojis.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Past President sues Military History Museum for Trademark Infringement

4 02 2017

Plaintiff is the owner of a federal trademark registration for FREEDOM HERITAGE MUSEUM, registered on April 19, 2016. He first used the mark in 2012 in connection with a military history museum of which he was the founding president and a board member.

Plaintiff left the museum in October 2016 and notified the museum that it could no longer use the trademark. He has begun promoting a new Evansville museum with the same name.

This case serves as a good reminder for small businesses and non-profits to own their own trademarks, rather than registering them in the name of an owner or board member.

 

Litov v. Freedom Heritage Museum

Court Case Number: 3:16-cv-00241-RLY-MPB
File Date: Tuesday, December 6, 2016
Plaintiff: Richard Litov
Plaintiff Counsel: Keith E. Rounder, Gary K. Price of Terrell, Baugh, Salmon & Born, LLP
Defendant: Freedom Heritage Museum, Inc.
Cause: Federal Trademark Infringement, Unfair Competition, False Designation, State Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:


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Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v. Amazon

3 02 2017

Lasoff owns Ingrass, which makes artificial turf. He claims he’s losing business to “cheaper, counterfeit” versions of Ingrass. (The opinion uses the term “counterfeit,” though it probably means knockoffs). He objects to the fact that Amazon runs keyword ads for “Ingrass” at the search engines and in promotional emails that are algorithmically programmed for remarketing (i.e., promoting products the email recipient viewed on Amazon but didn’t buy). The promotional email ad copy comes from third party sources. Prospective customers who saw these ads for “Ingrass” were directed to the Amazon product pages containing listings from the alleged counterfeiters.

Section 230

Citing the Ninth Circuit’s ccBill v. Perfect 10 ruling, the court cleans out all of the state law claims (unfair competition, state trademark infringement, tortious interference, negligence and unjust enrichment) due to Section 230. The court says:

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Case citation: Lasoff v. Amazon.com, (W.D. Wash. Jan. 26, 2017)

 

The content in this post was found at http://blog.ericgoldman.org/archives/2017/02/amazon-defeats-lawsuit-over-its-keyword-ad-purchases-lasoff-v-amazon.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Challenging Aspects of Protecting of Non-Traditional Trademarks: The Five Senses and Trademarks

3 02 2017

In my previous article: Challenging Aspects of the Legal Protection of Non-Traditional Trademarks: Shape Trademarks, I mentioned that man has five senses and, accordingly, can perceive information, including trademarks, not only by sight. The diversity of human sensations cannot be reproduced by graphics alone. This is what makes the registration and protection of such trademarks, which can be also perceived by other senses, so interesting, unique and at the same time problematic.

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The content in this post was found at http://www.ipwatchdog.com/2017/02/03/challenging-aspects-non-traditional-trademarks-five-senses/id=77676/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Instagram challenges Microsoft trademark application at TTAB over ‘gram’ suffix

1 02 2017

Instagram’s TTAB action targets U.S. Trademark Application No. 86663305, which would protect Microsoft’s use of the standard character mark “ACTIONGRAM” on goods including computer software for virtual reality realization, manipulation, immersion and integration of audio, video, text, binary, still images, graphics and multimedia files, as well as computer software for controlling wearable hardware and wearable computer peripherals. The application for this trademark was filed in June 2015. Microsoft is currently offering a beta version of Actiongram, a virtual reality service for Hololens users where users can create holograms which they can share with social contacts.

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The content in this post was found at http://www.ipwatchdog.com/2016/12/09/instagram-challenges-microsoft-trademark-application-gram-suffix/id=75450/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.