Intellectual Property : Tiffany, Serta, Euro, Pirate Party, Luma

Tiffany & Co., the luxury jewelry company, submitted a friend-of-the-court brief on behalf of Christian Louboutin SA in the French shoe designer’s trademark battle with Yves St. Laurent America.

Louboutin sued St. Laurent in federal court in Manhattan in April, claiming the use of red shoe soles by St. Laurent infringed its trademark. The trial court rejected the shoemaker’s request to bar St. Laurent shoes with red soles, and Louboutin filed an appeal of that ruling in mid-October.

In that appellate filing, Louboutin noted that the “Keds blue rectangle on the heel, the Burberry plaid, the Gucci stripes all act as trademarks because the consuming public has recognized them as indicators of source.”

New York-based Tiffany, which packages its jewelry items in distinctive robin’s-egg blue boxes, weighed in on Louboutin’s behalf. In its filing, Tiffany noted that it has a registered trademark for its “Tiffany blue” color.

The company argues that the lower court holding that a single color for a fashion item can never be a valid trademark “is not supported” by trademark law.

Tiffany’s brief was filed by Richard Z. Lehv and Jason D. Jones of Fross Zelnick Lehrman & Zissu PC of New York.

The case is Christian Louboutin SA v. Yves St. Laurent America Inc, 11-3303, U.S. Court of Appeals for the Second Circuit.

The lower court case is Christian Louboutin SA v. Yves St. Laurent America Inc., 1:11-cv-02381-VM, U.S. District Court, Southern District of New York (Manhattan).

Serta Says Mattress Name Honors Astronomer, Not Fashion Designer

Serta Restokraft Mattress Co Inc.’s Serta unit asked a federal court in Chicago to declare it didn’t infringe trademarks belonging to the late Oleg Cassini, a fashion designer.

Paris-born Cassini, who won fame as the designer of Jacqueline Kennedy’s White House wardrobe, had objected to a mattress Serta made for J.C. Penney Co., according to letters included in the court file. Penney isn’t a party to the suit.

The “Cassini” was one of a series of space-themed model names Serta said it used for its “Perfect Day” mattresses. Among others in the series were the “Gemini,” “Onyx Moon,” “Taurus” and Nebula.” Cassini was chosen to honor both Giovanni Domenico Cassini, a 17th-century French/Italian astronomer, and the National Aeuronautics and Space Administration’s Cassini Solstice Mission.

Oleg Cassini Inc. sent Serta a letter Sept. 13, complaining about the “Cassini” mattress and warning the company it didn’t have permission or a license to use the Cassini name. The mattress company responded Oct. 14, saying it had discontinued the mattress line.

The Cassini company sent a second letter, saying it “does not consider this matter closed” and threatening an infringement suit. It demanded that no Cassini floor samples be offered for sale any longer, and the removal of any link to Serta products that would come up after an Internet search for “Cassini mattresses.”

Serta argued in its court filings that, given the widespread use of its “Perfect Day” trademark, there is “simply no evidence” that consumers would have confused the Cassini mattress with the designer, or his clothing and perfume lines.

It asked the court to declare that it didn’t infringe the trademarks, to order the Cassini company to quit threatening litigation, and for awards of attorney fees, litigation costs, and monetary sanctions against the designer’s company.

read more: http://www.businessweek.com/news/2011-11-15/tiffany-serta-euro-pirate-party-luma-intellectual-property.html

trademark Café Arabicca

Emarat, represented by its trademark "Café Arabicca" operating under the umbrella of Bakeria in various service stations sponsored the UAE Barista Championship for Barista Competition that was organized recently at the Meydan Hotel in Dubai.

Dr. Rahma Bin Mohammad Al Shamsi, the Retail Sales Manager of Emarat, stated that Café Arabicca had participated in the said Championship. Early preparations have taken place through organizing competitions between the staff of Café Arabicca in all service stations that provide such service. The best four employees were selected from the 40 participants and represented the trademark in the Championship.

Dr. Al Shamsi also added that the objectives of organizing such competitions are to improve the employees' skills in preparing coffee and to motivate such employees for development and creativity. He further stated that such Championship is a great opportunity to promote our trademark locally and internationally through sponsorship and participation, especially since the finals for the winners of the participating countries shall be held in Austria, where Barista International Championship finals is organized.

source : http://www.ameinfo.com/280584.html

Timelines.com: why we’re suing Facebook

Timelines.com is trying to promote its trademark lawsuit against Facebook. One of the mediums it is using to do so is, of course, Facebook.

Earlier this month, Timelines.com filed a lawsuit claiming Facebook’s new Timeline feature may “eliminate” the Chicago-based company. The small website has decided to provide more details about its lawsuit by posting a public cry for help over at timelines.com trademark.

As I’ve already written in the past, Timelines.com has a trademark for the “timeline” name, filed in May 2008 and granted in January 2009. Trademark law states brands can prevent others from using their name if there is a possibility that consumers will be confused, as long as the names are in the same field or industry. Facebook meanwhile is arguing that the word “timeline” is generic.

The trademark is for “providing a web site that gives users the ability to create customized web pages featuring user-defined information about historical, current and upcoming events.” The company says it has “spent years building this brand and using it in the above stated way on our site Timelines.com.”

source : http://www.zdnet.com/blog/facebook/timelinescom-why-were-suing-facebook-like-us-on-facebook/4738

Intellectual Property Dispute in Trademark Malaysia

The victory handed by the High Court of Trademark Malaysia to CREAGRI Inc. in the dispute opposing it to 10B International ("10B")--a Malaysia company--for the ownership of the trade marks OLIVENOL, OLIVENOL Livin' and OLIVENOL Plus, leaves no doubts: the brand name OLIVENOL belongs definitively and irrevocably to CREAGRI Inc. The court order was issued in response to a lawsuit 10B had brought against CREAGRI after the Hayward (California) based company had terminated--for non performance--the collaboration, distribution and licencing agreement it had established in 2007 with 10B International for the commercialization of OLIVENOL Livin' in Malaysia. Following the dissolution of the collaboration with 10B, CREAGRI had created CREAGRI International--a Kuala-Lumpur based joint-venture--to continue marketing OLIVENOL Plus to Southeast Asia and nearby countries. 10B International, fraudulently purporting that it had acquired rights to the use of CREAGRI's trademark, recurred to Malaysia's High Court asking for an injunction preventing CREAGRI from marketing its products in Malaysia. The request for injunction has now been irrevocably denied.

"The verdict of the High Court not only dismisses the accusations brought forward by 10B International, but provides also that CREAGRI and its partners should recover the damages caused by the unwarranted legal action brought by 10B," declares Dr. Roberto Crea, CREAGRI's President and CEO.

The High Court order to 10B to cease and desist from using CREAGRI's trademarked logo OLIVENOL extends also to the usage of any word, name or mark that is deceptively, colourably or confusingly similar. In such instances the court order provides not only for pecuniary restitution but mandates also penal prosecution in the event of a breach of the court order.

"We salute and appreciate the thorough and outstanding work done by our legal counsels and the decision of the High Court in reaffirming the international rights of our Company to its intellectual property," adds Dr. Crea. "I was very impressed by the analysis provided by the presiding Judicial Commissioner in tendering the judgement in favor of CREAGRI." As effect of this victory, no other products will ever bear the trademark OLIVENOL other than those manufactured and distributed by CREAGRI Inc., and its partner CREAGRI International.

"I say to all those who have, or are, infringing on our intellectual property and our trademarks, take notice that CREAGRI Inc., and CREAGRI International will not hesitate to take immediate legal action to protect their rights and interests," added Mr. YY Chong, Managing Director of CREAGRI International, "including, but not limited to, commencing civil proceedings for injunctive relief, delivery up, damages and any other disciplinary measures--either of monetary or penal nature--the Courts may consider appropriate."

read more: http://www.marketwatch.com/story/actively-protecting-its-brand-name-olivenol-creagri-inc-prevails-in-an-intellectual-property-dispute-in-malaysia-2011-10-10

Trademark - MGM files lawsuit over Gold Strike casino

If you wish to register trademark in Malaysia and Singapore, please visit Tiger Intellectual.
MGM Resorts International is suing an Internet poker operator, charging it’s infringing on the Gold Strike casino trademarks.
MGM Resorts filed suit Thursday in federal court in Las Vegas against WorldPokerRewardsClub.com Company Inc. and John George of Blaine, Wash.
The suit says the defendants have websites called goldstrikepoker.com and goldstrikepoker.net and have registered user names containing the Gold Strike name on social network sites including Twitter, LinkedIn and Facebook.
The use of the Gold Strike name infringes on MGM Resorts’ trademark covering its Gold Strike hotel-casinos in Jean, Nev., south of Las Vegas; and in Tunica, Miss., the lawsuit alleges.
The suit says attorneys for MGM Resorts in July asked the defendants to cease their allegedly infringing activities and that they voluntarily transfer the allegedly infringing website domain names to MGM Resorts.
The suit says George agreed to change the name of his website to "Gold Rush Poker,’’ but the defendants refused to turn over the website domain names because they are valuable and demanded that MGM Resorts buy them.
MGM Resorts also alleges that after the defendants were confronted by MGM Resorts in July, they filed applications with the U.S. Patent and Trademark Office to obtain trademarks covering the marks........
read more: http://www.vegasinc.com/news/2011/aug/26/mgm-files-lawsuit-over-gold-strike-casino-trademar/

Trademark to Apple in Thanks

Marc Benioff, CEO of Salesforce.com, presented Steve Jobs and Apple with the trademark and domain for App Store as a gesture of thanks. Speaking in one of the many executive interviews and comments that have taken place since Steve Jobs announced that his resignation as CEO of Apple, Mr. Benioff said he gave away the domain and trademark because of help that Mr. Jobs had given him in 2003...... read more http://www.macobserver.com/tmo/article/salesforce.com_ceo_gifted_app_store_trademark_to_apple_in_thanks/

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Pact signed to support EAC clearing agents 

Kampala. Federation of East African Freight Forwarders Associations has signed a pact with Trademark East Africa (TMEA), for the latter to give $1 million (Sh1.5 billion) to support clearing agents training programme aimed at improving regional trade.The memorandum of understanding (MOU) agreement was signed over the weekend by the Federation of East African Freight Forwarders Associations (FEAFFA) president, Mr John Bosco Rusagara and Silas Kanamugire, who represented TradeMark East Africa (TMEA).

Speaking at the event, the FEAFFA Regional Executive Officer, Mr John Mathenge said the partnership was expected to enhance the delivery capacity of the regional freight forwarders training programme in the region.
“As a step towards improving trade logistics and the investment climate in East Africa, TradeMark will be a key partner as we continue to provide leadership in driving the EAC integration process on behalf of our members,” he said.

read more: http://thecitizen.co.tz/business/13-local-business/14231-pact-signed-to-support-eac-clearing-agents.html

LAMBRETTA: THIS IS NOT AN IMITATION!

Tuesday 09/08/2011
AsiaNet 45844
KUALA LUMPUR, August 9/BERNAMA-AsiaNet/ –

With reference to the statement sent on 2nd August 2011 by Lambretta SA (company in liquidation) to the press agencies worldwide, the companies Motom Electronics Group S.p.a. (MEG) and Clag International Ltd (CLAG) jointly specify as follows:

1) The trademark Lambretta was sold in 1972 by the Innocenti family, founder of the brand, to an Indian company called “Scooters India Ltd” (SIL).
2) In 2006, SIL granted a license for the use of the trademark Lambretta to an English company called Fine White Line Ltd. (FWL).
3) In 2010, FWL granted sub licenses for the use of the trademark Lambretta to MEG and CLAG for Class 12 products (engine power vehicles).

MEG and CLAG therefore use the trademark Lambretta by virtue of license agreements which allow them to sell, in most countries of the world, scooters with the trademark Lambretta.

Despite the legitimacy of the use of the mark Lambretta by MEG and CLAG, the “Lambretta Consortium” for several years has been trying to revoke the rights of the original Lambretta trademark, owned by SIL, alleging that the trademark had not been put to genuine use, with the purpose of prevailing with subsequent registrations of the trademark Lambretta made by the Consortium.

The Court in Milan (Italy) with three decisions (decision n. 8912/2010 of the 7.7.2010; injunction of 26.11.2008; injunction of 30.5.2011) has established that the trademark Lambretta owned by the Company SIL is valid and cannot be revoked and decided that so far there are no reasons to consider terminated the sub-license contract for the use of the trademark Lambretta.

Defeated in the Italian courts, the Lambretta Consortium is seeking to stop the industrial and commercial activities of MEG and CLAG, by taking actions around the world aimed at preventing suppliers and distributors of the legitimate sub-licensees from continuing the collaboration with MEG and CLAG.

At present the Lambretta Consortium is issuing press releases worldwide. In addition, the Lambretta Consortium filed an application to the OAMI, the European trademark and patent office, in order to register under the name of its holding company, Lambretta Srl, the intellectual property of the industrial models of a scooter designed and previously registered by CLAG.

These actions will be pursued before via MEG and CLAG’s lawyers.

MEG and CLAG, confident of their rights, wish to inform their clients and suppliers that they continue with their industrial and commercial network, the re-launch around the world of the mythical brand Lambretta, of which they confirm to be legitimate sub-licensees.

Milan, 8th August 2011
Motom Electronics Group S.p.a.
Clag International Ltd
SOURCE: Clag International Ltd
DATE OF RELEASE: 9 AUGUST 2011
RELEASED BY BERNAMA MEDIA RELATIONS & EVENT MANAGEMENT (MREM)