Arizona Trademark Litigation Lawyers-News, Updates and General Information
We hope this page will provide our readers with general information regarding trademark law, disputes and news of current interest. Because the facts and circumstances of every case are different, you should consult with a trademark attorney if you have specific questions about your business or franchise or to learn specifically about trademark law. You may reach us directly at 602-954-2200.
|
- Dance Classes Land Texas Man in Jail for Violating Non-Compete Agreement
October 18, 2008
Eric Rush, 37 probably never thought dancing the cha cha would land him in the Collin County Jail. Rush is currently serving a 30-day sentence that began last week after apparently violating a court order that prohibited him from teaching dance lessons within 25 miles of a studio from which he said he was fired. According to this article, "an attorney for the dance studio said Rush has repeatedly violated his noncompete agreement by teaching lessons and advertising his services on the Internet. Attorney Anne Terwilliger said the studio owners were forced to pursue the case in court because of Rush's "continued violations, his refusal to comply with the terms of the agreement he had entered into and the court's orders.""
What's interesting about this outcome is that the noncompete agreement apparently prohibited the dancer from engaging in similar job activities within 25 years of the studio and that his former employer took him to court for advertising these services on the Internet. "A district court judge ordered Rush to take down the advertising, cease poaching students and refrain from working with other area dance studios until 2009."
|
|
Red Cross Symbol Trademark Dispute Settled
June 18, 2008
This dispute sheds light on the importance of first use and the specificity that some trademark contracts require to make sure that the parties understand the scope of use that the trademark owner is providing. The Red Cross Symbol case dealt with the right of the American Red Cross to use the emblem for commercial purposes. A good trademark lawyer can assist parties entering into a trademark license agreement. According to this article, "J&J, best known for its Band-Aid bandages and baby products, first used the symbol as a trademark in 1887, the same year it was incorporated as a business. The red cross symbol was adopted by the forerunners to the International Committee of the Red Cross in 1863." US District Court Judge Jed Rakoff decided that the American Red Cross did have the right to use its logo for commercial purposes including sales of first-aid products to US retailers. Johnson & Johnson who brought the trademark law suit felt the case involved important trademark issues. It is a significant case given the fact that company is best known for its Band-Aid bandages and baby products-items similar to those being sold by the Red Cross using the same symbol.
|
|
Chewing Gum Trademark Battle Sent to District Court to Determine Unclear Language in Licensing Agreement
May 20, 2008
This case may underscore the importance of seeking a good trademark lawyer before entering into a license agreement. According to this article, althought a "1980 license agreement pointed in "different directions." While one line states that Topps' trademarks and technology "shall at all times remain an exclusive property of Topps or its assigns" and a second gives Stani the right to use the formulas only "during the continuance of this agreement," Cardamone said there is also "no language in the 1980 agreement expressly stating that Stani's right to the formulas would end with the April 1996 expiration date." Topps began licensing the rights to make, sell and distribute Bazooka and other Topps brands in Argentina, Bolivia, Chile, Paraguay and Uruguay to Cadbury Stani in 1957. In exchange for royalties on Stani's sales, the company promised to share "the know-how, formulae, processes and techniques used by Topps." There were two license agreements, one in 1976 and an amended license agreement with nearly identical language in 1980. "The license agreement expired in 1996. Topps filed suit in 1999, claiming Stani continued to use its chewing gum formulas and that it had transferred those formulas and other Topps technology to its parent company, Cadbury. Topps claimed this was a violation of the 1980 licensing agreement."
|
|
Craigslist Files Trademark Infringement, Unfair and Unlawful Anticompetitive Countersuit Against eBay
May 13, 2008
Craigslist has filed a countersuit against eBay, alleging that the auction site used its minority stake in Craigslist to engage in unfair and unlawful anticompetitive behavior, false advertising, trademark infringement, and other misdeeds according to this article. The article states that "The lawsuit seeks an injunction preventing eBay from using the Craigslist name or brand, and also asks the court to order eBay to "restore to craigslist all shares of the company owned by eBay which were acquired by means of, or for the purpose of, unfair competition; or ... to divest its interests in craigslist."
|
- Ethiopia Launches A Campaign to Brand It's Own Coffee After Settling Trademark Dispute with Starbucks.
May 8, 2008
Ethiopia, the world's sixth coffee producer and the second largest consumer after Brazil, plans to market its own coffee brands after settling a long trademark dispute with Starbucks. According to this article, "Ethiopia, Africa's largest coffee producer, will trademark its most famous coffee names -- Sidamo, Harar and Yigacheffe. Last year, Ethiopia and Seattle-based Starbucks reached an agreement to publicise Ethiopian varieties on its coffee labels and allow the east African state to pursue trademarks for its Harrar, Sidamo and Yirgacheffe beans. The trademark dispute dates to 2006, when the US Patent and Trademark Office ruled against Addis Ababa's trademark application and in favour of the National Coffee Association, which includes Starbucks."
|
- Trademark Infringement Suit over Use of Beach Boys Name Settles.
March 22, 2008
Two former members of the Beach Boys have been a five year battle over the rights to use the name. Mike Love and Al Jardine, were both using the name Beach Boys in association with their musical work since the original band broke. Love sued Jardine claiming that he had the rights to use the Beach Boys name. According to this article, "Mr. Love and Carl Wilson’s estate sued Mr. Jardine again in 2004 for $2.2 million in legal fees spent in the original litigation against him. It was that case, set for trial in April, that was settled this week. Details of the settlement were not disclosed, but lawyers suggested it could pave the way for a reunion of the band’s three surviving founders."
|
Contact Us
We practice in both Arizona and California, and offer full trademark registration and litigation legal services. Contact us at 602-954-2200.
The Law Office of Peter N. Greenfeld P. C. offers experienced trademark legal services, including:
- Registration of items with the United States Patent and Trademark Office (USPTO)
- Negotiation and litigation services for trademark infringement
- Legal defense against charges of trademark infringement
- Drafting and review of trademark licensing agreements
The Law Office of Peter N. Greenfeld P. C.
4500 North 32nd Street, Suite 109
Phoenix, AZ 85018
Phone: 602-954-2200
Fax 602-956-4232
|
|