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Starbucks loses Korean appeal, Starpreya can continue to use name there

The Korean Supreme Court today denied an appeal by Starbucks to cancel a rival's trademark there. Specifically, the Court noted that Starbucks was not well-known in Korea when the rival coffee provider (who uses a similar logo) registered its trademark. MVS previously blogged about the appeal here. This case, along with the ongoing saga between […]

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Cisco sues Apple over iPhone trademark

Apple, the company that dominates the digital music player market with the iPod, announced this week at the annual MacWorld show in San Francisco that Apple will be entering another lucrative consumer electronics market: the mobile phone. Apple CEO Steve Jobs announced his company's newest offering: the iPhone. Apple's stock increased 10% just from the […]

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Sioux Falls inventor files one millionth electronic trademark application with USPTO

The USPTO recently received the one millionth trademark application filed electronically via its TEAS system. It took just under ten years for the one millionth electronic application to be filed, as the TEAS system first became available in November, 1997. The applicant, Donald Junck of Sioux Falls, South Dakota, was flown out to the USPTO […]

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“Use in commerce” not necessary to support trademark opposition, just use in the United States

The Federal Circuit, reversing the Trademark Trial and Appeal Board ("TTAB"), found that a Canadian company who arguably only did business in Canada could oppose a trademark application based on "spillover" use of its unregistered trademark in the United States. The Canadian company, First Niagara Insurance Brokers, opposed several trademark applications filed by a United […]

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Anheuser-Busch and Budvar reach agreement, but trademark fights continue

United States brewer Anheuser-Busch, maker of Budweiser beer, has reached an agreement with Czech brewer Budejovicky Budvar, to distribute Budvar's Czechvar lager. This agreement is interesting because the two companies have been involved in trademark disputes around the world over which company has the right to use the name "Budweiser." Budvar's beer is sold as […]

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Starbucks appeals denial of cancellation of Korean company’s trademark

Starbucks is appealing a decision denying cancellation of a Korean company's trademark, asserting it infringes Starbucks' trademark. The Korean company, Starpreya, uses a green circular logo that Starbucks asserts is confusingly similar to its logo. Below are the two logos: Starbucks has already unsuccessfully opposed Starpreya's mark in two cases before the Patent Court of […]

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Protecting a business name: the basics

MSNBC has published an article with some basic tips for businesses to protect their trade names as trademarks. While the suggestions are fairly generic, it does at least provide some simple guidance for individuals who do not have any experience with intellectual property law in general or trademark law in particular. This piece is similar […]

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Holy trademark infringer, Batman!

The Russian Main Intelligence Directorate, commonly referred to as the GRU, appears to use a somewhat famous mark as part of its logo. The GRU's logo is shown below: Even Russian President Vladimir Putin appears to notice the distinctive logo at GRU headquarters: Of course, there are sovereign immunity issues that likely prevent DC Comics […]

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Buffett settles with alleged trademark infringer

Jimmy Buffett reached a settlement with a man he accused of selling merchandise that infringed his trademarks. The alleged infringer, Robert Akard, was selling Buffett-themed merchandise via his website. The judge in the case ordered Mr. Akard’s website shut down until the conclusion of the case and to disclose how much money he had made […]

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Washington Apple Commission takes on Chinese trademark office

The Washington Apple Commission has filed suit against the Chinese Trademark Review and Adjudication Board over its refusal to register a trademark. The mark at issue is shown below:This mark is registered in the United States, but in China, "well-known" geographical names cannot be used as trademarks unless there is also another meaning. The Apple […]

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