Koha trademark grab: Trust hopes commonsense prevails

By: Sam Varghese
Source: www.itwire.com

The Horowhenua Library Trust, birthplace of the Koha integrated library system, says it will hope for the best but prepare for the worst as it continues to try and regain the rights to its own trademark in New Zealand.

Trust spokesperson Joann Ransom told iTWire today that it would prepare its objection to the granting of the Koha trademark to the American defence contractor, Progressive Technology Federal Systems/Liblime, hoping that, in the meantime, PTFS would do the right thing and transfer its application to the Trust.

As reported in iTWire, the trademark grab came to media attention a few days back when the Trust appealed for donations to object to the granting of the trademark. The original developer of Koha, Chris Cormack, has expressed anger and sadness at the US firm's actions.

Yesterday, the Trust said that PTFS had expressed its willingness to hand over the trademark to a non-profit which represented the Koha community. There is only one such organisation, and it is the Trust.

Koha is free software distributed under the terms of the GNU General Public Licence and is widely used around the world. The trademark grab will not affect the code but, if it is finalised, it would mean that the software would have to be distributed under another name. Koha is a Maori word that means reciprocity in giving gifts.

"The Koha global community have been in this position before of waiting for PTFS to do something it said it would do i.e. handing of the koha.org domain back into community hands," Ms Ransom said. "They never did it but gained many precious months to redesign the website while the community waited. The URL now clearly relates to Liblime Koha (which is a fork from the main branch) and is a totally different product from Koha."

She said lawyers who had offered to help the Trust on a pro bono basis would prepare the objection, hoping that PTFS would do the right thing and transfer its application to the Trust. The Trust has three months to file its objections.

"The community really do want to resolve this issue quickly and with the right outcome," Ms Ransom said. "I do not know if PTFS are getting grief in the US from the public but I do know that here in NZ it is a very big deal from a number of different angles. It won't just go away. In summary, we are hoping for the best but planning for the worst."

Asked what she thought about the government official who had made the decision to award the trademark to PTFS, Ms Ransom said she was not impressed.

"If it a box checking exercise, and I fear it might be, then they probably did it by the books. However, surely common sense and informed judgement should come into this process," she said.

"I sent background paperwork to IPONZ (the Intellectual Property Office of New Zealand) very early on and had numerous conversations with staff at IPONZ about the merits of our counter-application. Sadly, the information we had been given by IPONZ turned out to be wrong and the PTFS application was approved at the the 11th hour."

Asked for his input, well-known free software activist and GPL expert Bradley Kuhn said the GPL was a copyright licence, and was basically silent on trademarks.

"Only if a trademark licence in some way directly restricted the permission granted by GPL would the trademark licence somehow even have a chance to cause a GPL violation," he told iTWire.

"Indeed, it seems to me that a trademark lawyer, a copyright lawyer, and a GPL expert would probably have to sit down and have a rather long discussion to decipher this situation to come to a final conclusion about whether a GPL violation has occurred merely because of the trademark shenanigans."

Kuhn said he had no specific advice for the Koha community at this time.

"What I *do* have advice for is projects who *aren't* currently facing such problems: I recommend that such projects work with someone to get their trademark registered and publish a trademark policy for their project. This is an important issue that projects should address early in their life, before they face problems."

He said the Software Freedom Conservancy, for which he currently works as executive director, offered help to its member projects with both trademark registration and policies.

PTFS was contacted on Thursday for comment. The company is yet to respond.

It is not uncommon for US firms to attempt to gain a commercial advantage in smaller countries. In 2003, for example, the US company DE Technologies sent letters to a dozen New Zealand firms alleging they were infringing its patents and demanding annual licence fees.


Source: http://www.itwire.com/business-it-news/open-source/51377-koha-trademark-grab-trust-hopes-commonsense-prevails?start=1

Cyber Monday Deals 2011 Bear Motion (Trademark) Genuine Leather Case for Apple Ipad 1 (first generation) – Black iPad

By: Editor
Source: http://gadget411news.com

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Bear Motion is registered trademark of Pro Ebiz LLC and is completely distributed by Pyrus Electronics. Bear Motion trademark is protected by US Trademark Regulation.
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Waiting around in string just for getaway promotions or hunting your own with your jammies?
A whole lot of holiday fiends do it all, having explained that progressively visitors are picking the globe-broad-web. Total, true business in direction of getaway year are anticipated that would rebound three p.c or just significantly less instead of The calendar year 2010, having explained that e-commerce company are expected to leap far more than fifteen %.
And as a outcome Thirty-7 pct . of buyers pointed out with a Countrywide Record price tag Federation survey that they are likely to obtain numerous reward ideas e-commerce proper now. Slowly and gradually, grow to be light swapped our company’s quirks. Enhanced earlier, 30.9 percent of clients paid for present ideas e-commerce. Employing the coming of medicines and then touch display telephones, and emerging mobile products has acquired less complicated.
“It’s a chore to go to get over the busiest hunting interval of your 12 month interval,In . pointed out Daniel delaware Grandpre, ceo regarding dealnews.world wide web . “On the web is quite easy.In .
And fairly reduced massive complete day other than Cyber Monday – generally the Sunday families rise up at the Thanksgiving gluttony and then knowledge Festive is surely under a calendar thirty day period off of.
A 12 months in the past, e-commerce consumers squandered $ one million in the course of Cyber Monday, a everyday checklist just for and rising cell gadgets, yet it have a related excellent appropriate now, aside from Transport Day during 12 ,. Seventeen knives it.
Intended for promotions, is it would not second finest day’s hunting even soon after Black Friday, delaware Grandpre pointed out.
Comfortableness, amount of money and then options are often going usually the ambigu-digit, year-more than-year advancement in e-commerce organization, Sucharita Mulpuru pointed out with a Forrester getaway prediction.
“The crucial skills regarding e-commerce, making use of cost successful uncertainness, the want to fork out totally, and then went on offer-facet price will lead to the most recent resilient and strong emergence 12 month period just for e-commerce holiday genuine enterprise next yr,In . this woman submitted.
But the fact is, individuals shop online together with holds fork out 21 pct . much much more than adult men and ladies who mall completely to get, NRF Communication Vice President Ellen Davis pointed out.
To shop online is always only a very small proportion regarding genuine enterprise – Forrester assessments e-commerce enterprise need to be $ 59.Just a number of million correct now. By $ 465.six million in complete genuine company envisioned towards holiday year, identified by your Countrywide Checklist price tag Federation prediction, that might be decrease than amongst each and every last 6 getaway money.
Fiscal experts and then genuine watchers repeat the financial climate is bringing about individuals to keep stingy employing cash. Indeed, we are heading to purchase a less quantity of merchandise, 14.Much more effective, established by Deloitte’s somme holiday survey, which is beneath in the direction of fifthly 12 month period of time uninterruptedly. Within 2007, absolutely everyone is finding 22.1 certain present suggestions.
Primarily i’m a huge only a number of excellent present ideas for all our family members ensuing in nil prolonged electrical energy present suggestions all above the internet family members. Who wishes to attach a new associate with the stance concerning reciprocating at any time person are not able to really rather purchase this?
Gian Fulgoni, govt chairman concerning comScore Inc., and that tunes e-commerce, pointed out middle-income consumers preserve an eye on the most expose regarding e-commerce company, 43 pct ..
But even so , lower-cash flow website visitors that also may be the younger, and as a result tech-savvy, are usually escalating a lot a lot more speedily, Fulgoni pointed out. Individuals types Millennials normally constructive within the economic local climate, really, he was quoted stating.

Source:  http://gadget411news.com/cyber-monday-deals-2011-bear-motion-trademark-genuine-leather-case-for-apple-ipad-1-first-generation-black-ipad/03619

SHC to hear rice trademark case today

By: Shahid Shah
Source:  http://www.blogger.com

KARACHI: The Sindh High Court (SHC) will hold hearing in the case filed by Rice Exporters Association of Pakistan against Basmati Growers Association to decide trademark registration dispute on Thursday (today).

A similar case is pending in Delhi High Court. If it decides the case in 2012 and the court in Pakistan fails to decide, Pakistan will lose around $1 billion a year, President BGA Hamid Malhi told The News on Wednesday. “Pakistan exports basmati rice of $1 billion, which can increase to $2 billion if trademark is with us.”

Delhi High Court held a hearing on November 8.

Agricultural and Processed Food Products Export Development Authority (APEDA) is also a party to the case in the SHC.

In 2008, trademark registrar in Pakistan had given trademark of basmati to BGA, which was challenged in the SHC in September that year. REAP says the custodian of trademark should be the government of Pakistan and not any private association.

But Malhi said growers are the right people to hold the trademark as they have long term interest in the crop. “Traders may be trading rice today, chickpeas tomorrow and leather day after tomorrow.”

About the Indian claim about trademark, he says they do not have contiguous area of basmati and they do not produce much of it.

In order to comply with Trade-related Intellectual Property Rights (TRIPs) regime of the World Trade Organisation, the Ministry of Commerce has asked the stakeholders in rice trade to resolve the trademark registration issue, which has pitted REAP and BGA against each other.

Zahid Khuwaja, a senior REAP member, told The News that with trademark rights in their hands, rice growers would regulate the exporters’ trade.

“There should be no single ownership and the government of Pakistan should control it.”

Basmati is one of the oldest and finest varieties of rice cultivated in the sub-continent.

In India, first the matter of rice certification was handed over to All India Rice Exporters Association but later on the demand of all stakeholders it was given to APEDA.

Source: http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=78963&Cat=3 

Tootsie Roll says Footzyrolls shoe brand steps on its trademark

By: Chicago Tribune Business
Source: http://www.chicagotribune.com

A small footwear company selling a Footzyrolls shoe brand got hit with a trademark lawsuit this week from Chicago-based candy giant Tootsie Roll Industries.

According to the lawsuit filed in federal court in Illinois, Rollashoe, which makes rollable ballet slippers called Footzyrolls, is infringing on the brand name of Chicago-based Tootsie Roll.

Tootsie Roll, which made $521 million in sales last year, alleged that the $2 million Footzyrolls brand will confuse and "deceive" consumers into thinking that the shoes are associated with Tootsie Roll's portfolio of products.

Calling Rollashoe's actions "willful, malicious and fraudulent," Tootsie Roll also claims that Footzyrolls, which launched in 2009, dilute, or tarnish, the value of the Tootsie Roll brand.

Rollashoe, based in Miami Beach, Fla., however, disputed the allegations.

"This lawsuit is completely frivolous and has no merit," Rollashoe owners Sarah Caplan, 28, and Jenifer Caplan, 34, said in a statement.

The sisters, who filed for a trademark with the U.S. Patent and Trademark Office, debuted the Footzyrolls shoe line at a trade show in 2009.

Less than a year later, Footzyrolls became a million-dollar brand featured in Oprah's magazine. The shoes are now sold in Bloomingdales and Fred Segal.


Source: http://www.chicagotribune.com/business/ct-biz-1119-tootsie-suit-20111119,0,6569699.story

Apple accuses Amazon of false advertising in ongoing pursuit of 'App Store' trademark

By: Mikey Campbell
Source: http://www.appleinsider.com

Apple continues to fight for the "App Store" trademark, accusing Amazon of false advertisement in an amended filing against the company's use of the term in a recent promotion for the Kindle Fire tablet.

Apple filed the revised claim on Wednesday in response to Amazon's use of the term when marketing the Kindle Fire in September, hoping to bolster its position in winning the "App Store" trademark, reports paidContent.org.

The iPhone maker claims that it has the only true App Store and that Amazon's use of the term could lead customers to believe that the companies have affiliated software marketplaces. The filing goes on to say that Amazon's ad was false or misleading, and could have caused confusion for customers.

"For example, consumer of mobile software downloads are likely to be confused as to whether Amazon's mobile software download service is sponsored or approved by Apple or is merely a conduit for Apple's APP STORE service."

Amazon's Kindle Fire web page has been updated since its Sep. debut and no longer includes mention of the Amazon App Store.

Apple originally filed the complaint in March when Amazon used the phrase "Appstore for Android" when promoting its marketplace for software designed to run on Google's smartphone platform. Since then the Internet sales giant has used the term in various advertisements and Amazon related services.


Source: http://www.appleinsider.com/articles/11/11/17/apple_accuses_amazon_of_false_advertising_in_ongoing_pursuit_of_app_store_trademark.html

Hockey stick firms in trademark battle

By:René Bruemmer
Source: http://www.montrealgazette.com


A battle of the trademarks is brewing between two of Canada’s hockey giants.

Bauer Hockey Corp. filed a statement of claim in federal court against Sher-Wood Hockey Inc. on Monday, ordering them to desist from marketing and producing a new line of high-end hockey sticks and to destroy or hand over any products already created.

At issue is the name: Sher-Wood’s new sticks, first released in August, are dubbed Nexon. Bauer contends this is too similar to the name it has chosen for a full family of products it is launching in June 2012, called Nexus. It’s the first new product line Bauer has rolled out since the Vapor skate debuted in 1997.

In its legal proceedings filed this week, Bauer’s lawyers argue the similarity is no coincidence.

“The use by the Defendant Sher-Wood in Canada of the Nexon trademark in association with hockey products will likely lead consumers to the inference that the Plaintiff Bauer Hockey is the source of the Nexon hockey products or that the Defendant Sher-Wood is in some way approved, authorized or endorsed by the Plaintiff Bauer Hockey or that there is some business connection between the parties,” the statement of claim reads. “Sher-Wood Hockey Inc. has passed off its wares as the wares of the Plaintiff Bauer Hockey Corp., contrary to section 7(c) of the Trade-marks Act.”

Bauer is seeking a permanent injunction restraining Sher-Wood from manufacturing, selling or advertising the sticks or any other hockey products with the Nexon trademark. It also calls for Sher-Wood to hand over or destroy any sticks, products or logos that could be confused with the Nexus trademark. Bauer also might press for damages.

On the home page of Sher-Wood’s website, the name Nexon predominates, with Anaheim Ducks player Bobby Ryan clutching a Nexon stick. “The true one piece stick is here,” reads the ad. Sher-Wood has four collection lines, including the Nexon brand, most of which feature protective gear along with sticks. So far, the Nexon line has six types of composite hockey sticks, ranging in price from $189 to $59.

A spokesperson for Sher-Wood said the company could only comment when their CEO was back from overseas in two weeks.

Bauer made its official launch of the Nexus line in late October at the BauerWorld 2012 trade show in Orlando. But players like Alexander Ovechkin of the Washington Capitals have been wearing Nexus gear for a while now, Bauer spokesperson Steve Jones said, and the company has owned the trademark to the Nexus name since 2007.

“We’re trying to make sure there isn’t confusion in the marketplace,” Jones said. “We are officially the No. 1 stick in the marketplace, so for us this type of protection is very important from a branding standpoint.”

The issue of trademark infringement arises frequently, Jones said.

“It comes up quite a bit more often than a lot of people think,” Jones said. “When you look at it, there are a lot of hockey companies out there, and not a lot of great names.”

Source: http://www.montrealgazette.com/sports/Hockey+stick+firms+trademark+battle/5715313/story.html#ixzz1dqJt1IfO

AMI loses 'my' trademark battle

By: ROELAND VAN DEN BERGH
Source: http://www.stuff.co.nz


AMI Insurance has lost its battle to trademark 15 common insurance terms with the prefix "my", such as "my insurance".

The trademarks were approved for registration by the Intellectual Property Office last year.

But rivals AA Insurance, IAG New Zealand, Tower Insurance and Vero Insurance united to appeal against the decision to the High Court at Wellington in June.

They claimed the terms were generic to the industry, and were not distinctive enough to qualify as a trademark and could confuse consumers.

Justice Joe Williams said in his judgment that a large number of "my marks" had been registered in relation to goods and services, such as "My Money", a trademark for a Bank of New Zealand account and Sky Television's "My Sky".

But these did not use generic product names, unlike the words AMI was seeking to register, Justice Williams said.

AMI's application was the first in the insurance industry to try to trademark generic industry terms, including "my insurance, my car insurance and "my house insurance".

AMI said that the words it wanted to register were not used in the way its competitors would use them.

It argued that it was a "clever technique" to communicate to consumers in their own words.

The opposition by competing insurance companies simply reflected that AMI was the first to try and register the terms.

Source: http://www.stuff.co.nz/business/money/5969673/AMI-loses-my-trademark-battle

How does one takes one's tea? Lady Gaga brings along one of her trademark teacups as she heads out to the X Factor studio

By Marcus Barnes
Source: http://www.dailymail.co.uk

Lady Gaga has a penchant for carrying teacups with her, it's one of the many odd quirks she displays on a regular basis.

And she brought out some of her finest crockery as she made her way from her hotel to the X Factor studios in north-west London today.

The singer is performing as part of the Gaga VS Queen themed weekend and left the Lanesborough Hotel with her teacup filled with coffee.
One lump or two? Lady Gaga leaves the Lanesborough Hotel with a teacup filled with coffee en route to the X Factor

One lump or two? Lady Gaga leaves the Lanesborough Hotel with a teacup filled with coffee en route to the X Factor

Completely misusing the cup, Gaga strolled into her waiting with the coffee - which she perhaps drank to give herself an energy boost before she hit Fountain Studios.

In typical Gaga style, the teacup wasn't the only remarkable item about her person.

The 25-year-old also wore a funny pair of hexagonal glasses, a vintage beige dress, lilac heels and a pair of white gloves.
Signed, sealed, delivered: Gaga signs an autograph for a fan while keeping hold of her coffee

Signed, sealed, delivered: Gaga signs an autograph for a fan while keeping hold of her coffee

And, in a mark of respect to the UK's Remembrance Day, she also sported a poppy on the right side of her chest.

In fact she was reminiscent of a member of aristocracy in her regal getup.

The mystery of Gaga's fascination with teacups was explained two years ago when she was questioned by The Sun newspaper.
Pink won't make the boys wink today: Amelia Lily is a little downcast on her way into the Fountain Studios

Pink won't make the boys wink today: Amelia Lily is a little downcast on her way into the Fountain Studios

She told the paper: 'I used to have tea at home with my mother every day, you see.

'She hasn’t got a name but she’s quite famous now, so I made her stay in today. I take her everywhere because she makes me feel at home.'

The singer added: 'I’ve made a habit of drinking out of china because it makes me feel grounded. I don’t think it’s a good lifestyle to always be eating and drinking out of paper. It’s very wasteful.'

Earlier today Amelia Lily was pictured making her way into the Fountain Studios looking rather bedraggled.

The singer predictably won through to make a second attempt at winning the competition on last night's show.

But perhaps the 16-year-old stayed up a little too late celebrating after the show.

Source: http://www.dailymail.co.uk/tvshowbiz/article-2061019/Lady-Gaga-heads-X-Factor-studio-trademark-teacups.html#ixzz1deQz5tF4

Mike's Mailbag: Doesn't Syracuse have a trademark on Carrier Classic?

By: Mike Waters
Source: http://blog.syracuse.com
The Carrier Classic began at Syracuse in the 1977-78 season. Syracuse beat Le Moyne and Michigan State to win the early season tournament.

Interestingly, the Carrier Dome itself didn’t open until three years later.

The last Carrier Classic at Syracuse was played in the 2000-01 season. Syracuse defeated Akron and Virginia Tech to win the championship.

The Syracuse version of the Carrier Classic was named for Carrier Corp., the tournament’s sponsor. The game between North Carolina and Michigan State on Friday night aboard the USS Carl Vinson was dubbed “the Carrier Classic” for completely different reasons.

“We never protected it,” SU associate athletic director for marketing Marc Donabella said. “Carrier was already a company’s registered trademark.”

It’s a moot point, but even if Syracuse was still holding the Carrier Classic, Donabella didn’t think it would be a trademark infringement with pursuing.

“Honestly, I don’t think there would be any confusion in the marketplace,” Donabella said.

I’m surprised that such a heralded player, such as Trevor Cooney, may redshirt this year. Given the team’s lack of consistent outside shooting last year, I assumed Trevor would have a role in this year’s team. What is your take on Trevor and his role (or lack thereof) this year?
— Jeremy in Basking Ridge, N.J.


After the team’s practice on Friday, I asked Jim Boeheim if Cooney would redshirt. Boeheim said they had not made a final decision yet.

That tells me the idea is at least being considered by the SU coaching staff and also by Cooney and his family.

Cooney is a tremendous shooter, but more than that, I think he’s a very good all-around player. He’s strong and athletic. He puts the ball on the floor better than I had thought.

But he’s got two guys ahead of him at the two-guard position in Brandon Triche and Dion Waiters.

Personally, I like the idea of redshirting Cooney because I think he’s very good, will get better and will have more opportunities in the future. I would love to see him get the benefit of a fifth year.

Source: http://blog.syracuse.com/orangebasketball/2011/11/mikes_mailbox_doesnt_syracuse.html

Protecting your Digital Trademark Without Litigation

By: Ramon Ray & the Smallbiztechnology.com Team
Source: http://www.businessinsider.com

Whether you’re a business owner just setting up your online corporate prescience, or are an online veteran looking to flex your web muscle, you likely have encountered at least a domain name or two which are crucial to your brand but have already been taken. Be it the .com or even .org version of your company name, or even a broad term such as WidgetProfessioanals.com – not having an effective domain is the digital equivalent of a storefront without signage.

Before continuing there are two crucial terms to keep in mind before going further.  The first is cybersquatting, which for purposes of this article is defined as “the action of registering, selling, or using a domain with the intent of profiting from the goodwill of another party’s trademark.” The next term is typosquatting, which involves registering domains similar to an existing brand or trademark with the exception that the domains contain typos so they divert traffic from the original trademark holder when users mistype the website name.

During the dot com boom cybersquatting was rampant as speculators snatched up domains of major companies such as Microsoft, Motorola, and even the former web-giant Yahoo. In turn these victims filed numerous lawsuits, which resulted in long periods of litigation and in some cases large payouts to the original domain holder. The CNN piece titled  ‘Cybersquatters:’ Invading big names’ domains provides a larger set of examples, however since 2000, cybersquatting has become less of an issue due to improvements in dispute resolution (discussed shortly), and web savvy business owners now purchasing all the essential domains relating to their company before ramping up their online presence.

On the other hand, typosquatting has remained a common issue for virtually any website owner. Unlike cybersquatting, which can be prevented by purchasing all the domains pertaining to your trademark, typosquatting involves snatching misspelled domains which are very similar to popular websites. A common characteristic of typosquatted domains is a page filled with keywords related to the misspelled website, or even pages offering a search bar to “find what you were looking for.”

For the most part typosquatting is difficult to prevent because typosquatters use automated tools to register hundreds (or in some cases thousands) of domains within a short period of time (often over a few days) and then after a short time dump the domains which don’t attract enough traffic. This allows the squatters to test domains en masse without having the obligation of paying full price for the domains that are not effective.

Although most people associate business disputes with lawyers and dragged out court cases, the majority of domain disputes are solvable without an attorney. The solution lies in using the Uniform Domain Name Resolution Policy (UDRP), a policy enacted in 1999 by the Internet Corporation for Assigned Names and Numbers (ICANN). For those unfamiliar with the role of ICANN, the organization is an international governing body in charge of handling the issuance of .com’s, .net’s, .org’s, and approximately 65 country level domains of which the sponsoring countries have adopted UDRP policies.

As ICANN has international jurisdiction, if you find a domain or site that is clearly in violation of your trademark or brand rights, you can file a complaint, which if accepted, will be reviewed and evaluated by a panel of arbitrators who will either approve or reject the claim. Regardless of the defendant’s location, claims often are processed without issue as long as the domain in question falls under the UDRP policies, with verdicts often being delivered within a few weeks. The primary caveat to this remedy is that unlike litigation, the UDRP does not allow for punitive damages. Rather, the UDRP provides a fairly streamlined method for allowing business owners to protect their branding rights without having to shell out extravagant retainer fees for counsel.

In the interest of keeping this piece at a reasonable length, I’ll provide a very basic overview of the criteria commonly used to tell if a website is infringing on your rights. For a full overview of the UDRP process and the statistics showing its effectiveness over traditional litigation the ICANN Dispute Resolution section of their website provides a wealth of information written in fairly simple language.

In a nutshell the key criteria required for ICANN to consider action against a domain holder are:

1.     Your domain name is identical or confusingly similar to a trademark or service mark in which the    complainant has rights; and
2.     You have no rights or legitimate interests in respect of the domain name; and
3.     Your domain name has been registered and is being used in bad faith.

If all three of the above are applicable to a domain in question, you might be eligible for legal recourse via the UDRP rather than having to pursue litigation. As mentioned earlier however, the UDRP does not allow for monetary damages to be awarded, and there is no guarantee that you will receive a favorable outcome. The above criteria is simply pulled from the ICANN website and is geared towards general legal cases.

If you find yourself in a position where you feel you are a victim of cyber or typosquatting, it is best to consult an intellectual property attorney to discuss the options available. In some cases however it might be beneficial to simply contact the domain owner directly and ask if you can purchase the domain from them. While this might seem counterintuitive, sometimes paying a couple hundred or even a couple thousand is well worth the savings in legal fees, time commitments, and other constraints which can cause you to lose focus on the core fundaments of your business.

Source: http://feedproxy.google.com/~r/Smallbiztechnologycom-SmbNewsAndInsight/~3/aQfwRwWCxJ0/#ixzz1dMUGN0HM

X Factor: Simon Cowell drops attempt to trademark Rhythmix

By: Josh Halliday
Source: http://www.guardian.co.uk

Music mogul formally withdraws application over name of girl group after protests from charity of same name

Simon Cowell has abandoned his attempt to trademark the name Rhythmix, after weeks of pressure from a Brighton-based children's charity of the same name over a The X Factor girl band.

A public standoff between the Rhythmix charity and the music mogul came to a head on Wednesday, with Cowell agreeing to withdraw a formal application to trademark the name.

Producers at The X Factor changed the Rhythmix girl group's name to Little Mix in October when the row first erupted. Mark Davyd, the chief executive of the charity, welcomed the move and said it was an end to The X Factor's attempt to "bully the charity into submission".

A spokeswoman for Syco, Cowell's entertainment business which co-produces The X Factor, said: "Syco are happy to withdraw the application for the trademark, as initially offered at the time of the name change to Little Mix."

The Rhythmix charity pointed out in an open letter to Cowell on Tuesday that his firm had not withdrawn its attempt to trademark the name, despite agreeing to rename The X Factor group. Late on Tuesday the mark "Rhythmix" was still listed among Syco's other trademarks, including The X Factor, Il Divo and Got Talent.

A spokeswoman for Syco said that the show's lawyers wrote to the charity on 26 October offering to give them the trademark, which the charity refused. "We remain happy to withdraw it and we do not intend to use this name at any time in the future," the spokeswoman said. "We conclude this matter is closed."

Davyd said earlier on Wednesday that The X Factor was "trying to try to bully the charity into submission". He said: "The reason that they're upset is because social media is removing their ability to control the story – people have backed the charity over this."

He told the Guardian that the charity turned down the initial offer because it "included strict conditions which meant that we could not talk about the conduct of The X Factor".

He still wants Cowell's company to pay the charity's legal costs of £8,000, which he says are equivalent to 120 hours of music making for the children looked after by the charity.


Source: http://www.guardian.co.uk/media/2011/nov/09/x-factor-simon-cowell-rhythmix

Cafe Hon owner Denise Whiting drops her right to the 'Hon' trademark

Working with reality TV chef Gordon Ramsay, Hampden business owner apologizes over flap
By Richard Gorelick
Source: http://articles.baltimoresun.com

After almost a year of simmering controversy, Cafe Hon owner Denise Whiting said Monday that she will relinquish her "Hon" trademark. "I'll take it off the register," she said. "It was never mine to have in the first place."

Her trademark announcement, which she made on a morning radio program with reality TV chef Gordon Ramsay, was wrapped in an apology. "I am sorry for the animosity and the hatred and everything that trademarking a word has done," Whiting said. "Trademarking the word has not only almost killed me but has just about killed the business."

Source: http://articles.baltimoresun.com/2011-11-07/entertainment/bs-ae-hon-trademark-renounce-20111107_1_hon-trademark-hampden-tv-chef-gordon-ramsay

MU buys .xxx domain names to protect trademark

By: Alicia Stice
Source: http://www.columbiamissourian.com/

MU is one of almost 80,000 institutions and companies that have purchased Internet addresses designed for pornography providers — but not for the reason you might think.

MU bought the addresses mizzou.xxx, missouritigers.xxx and missouri.xxx to prevent those names from being associated with adult entertainment websites.

"If somebody wanted to buy (the domain) and run a porn site, they could," Division of Information Technology spokesman Terry Robb said. "People could mistakenly go to mizzou.xxx, and there you are. It's our trademark name, and a porn site obviously should not use our trademark name for their activities."

MU spends $129 per year for a block on the addresses. Robb said the Internet Corporation for Assigned Names and Numbers alerted trademark holders in September that they would need to protect their trademarks. The corporation is the global organization that monitors and approves top-level domains.

The .xxx addresses are being sold by ICM Registry, the company that controls the domain. The .xxx domain will make adult websites easier to find for people who want them and easier to avoid for people who don't, said Jocelyn Johnson, a public relations representative from the firm representing ICM Registry.

"ICM Registry has been working on .xxx for almost 10 years now, in terms of getting it prepared and getting it approved," Johnson said. "So when it was approved last spring, it had been in the works for a while."

Between Sept. 7 and Oct. 31, almost 80,000 companies registered names under the .xxx domain. This was the "sunrise period" in the registration process, during which companies with trademark names could buy the Web addresses, Johnson said. The company is not releasing information about how many of these companies were registering names because they wanted to block pornographic websites from using their trademark names.

"Companies applying to remove trademarks needed to submit an application and supporting materials to prove they were, in fact the trademark owner," she said. "Once the application was submitted, ICM Registry had a third-party company verify the legitimacy of the trademark and owner."

A new registration phase begins Tuesday, when companies in the adult entertainment industry can buy website names, even if they don't have a trademark. In early December, anyone can buy a .xxx website name, and most of the registered websites will begin publishing content, Johnson said.


Source: http://www.columbiamissourian.com/stories/2011/11/07/mu-purchases-domain-name-protect-trademark/

Occupy protests inspire T-shirts, trademark bids

By: Paul Elias
Sorce: http://www.heraldextra.com


SAN FRANCISCO -- The revolution will be trademarked and put on T-shirts if an increasing number of entrepreneurs succeed in their attempts to profit from the Occupy demonstrations.

A few T-shirts began to appear several days after the first protest began on Sept. 17 with a march through the streets of lower Manhattan.

Now, T-shirts, coffee mugs and other merchandise emblazoned with Occupy locations and slogans are being offered online and amid the camp sites that have sprung up in cities across the country. A number of merchandise vendors, clothing designers and others are making plans to market a wide variety of goods for a wide variety of reasons even as some protesters decry the business plans as directly counter to the demonstrations' goals.

In recent weeks, the U.S. Patent and Trademark Office has received a spate of applications from enterprising merchandisers, lawyer and others seeking to win exclusive commercial rights to such phrases as "We are the 99 percent," "Occupy" and "Occupy DC 2012."

Organizers of the protest centered in Manhattan's Zuccotti Park went so far as to file for a trademark of "Occupy Wall Street" after several other applications connected to the demonstrations were filed with the U.S. Patent and Trademark Office.

Wylie Stecklow, a lawyer representing the protesters, said the Oct. 24 filing was done to prevent profiteering from a movement many say is a protest of corporate greed.

"I would like to ensure that this isn't co-opted for commercial purposes," Stecklow said. "The trademark can be used for noncommercial purposes."

Stecklow's application was one of three filed with the U.S. PTO seeking to trademark either "Occupy Wall Street" or "Occupy Wall St."

Vince Ferraro, a small businessman based in Arizona, applied to trademark "Occupy Wall Street" a few hours after Stecklow. Ferraro declined to discuss his plans if he wins the trademark.

"If I prevail," he said, "I believe there are opportunities in commerce not directly related to the movement."

Both Stecklow and Ferraro were beat to the trademark office by a Long Island couple who filed for "Occupy Wall St." on Oct. 16. Robert and Diane Maresca paid $975 for the application, which said they intended to put the phrase on a wide variety of products.

They couldn't be reached for comment. But on Thursday, the couple withdrew their application, leaving Stecklow's clients and Ferraro as the only two competing to own "Occupy Wall Street."

USPTO lawyer Cynthia Lynch said that when the trademark office is confronted with similar applications, it gives priority to the first application received. However, she said the trademark office also takes into consideration whether the phrase was in wide use before the first application was filed.

Stecklow, the attorney for the protesters, says he believed his clients will prevail because they've been using the phrase "Occupy Wall Street" for months before the first application was filed.

The USPTO's Lynch declined to discuss specific applications and said it takes about three months for the office to make an initial determination.

"This rush to trademark was entirely expected and predictable because this is what everybody does," said Ron Coleman, a trademark attorney and author of a popular trademark blog. "The irony is too rich."

Coleman predicted the New York protesters would prevail because they've been using the phrase the longest. Nonetheless, he questioned how the trademark could be managed by a group claiming to be leaderless.

"Who has authority to speak on behalf of the trademark," Coleman asked.

In the meantime, several businesses and merchandise vendors aren't waiting for the trademark office.

Ray Agrinzone, a clothing designer, launched theoccupystore.com earlier this month. The site offers t-shirts, hoodies and even gift certificates.

Agrinzone said he intends to donate 10 percent of profits to the Occupy Wall Street organizers. He said he has lost money so far, but still plans donate about $100 over the weekend. He said he will propose to organizers that a section of Zuccotti Park be turned into a merchandise zone for the benefit of the movement.

He said he has received hateful tweets and email from people opposed to his store and plans to profit from the Occupy demonstrations.

"There's nothing wrong with turning a profit," Agrinzone said. "I don't think that's what this is all about."

Further, he said that fashion can help with the movement's goals.

"There is no better way to spread the message of revolution than through clothes," Agrinzone said.

Source: http://www.heraldextra.com/business/national-and-international/article_674bc6f0-4245-5c40-912d-cad59e9429dd.html#ixzz1d0gUQZry

Dead World trademark application hints Dead Island sequel

By: Chris Maugham
Source: http://www.product-reviews.net

When Dead Island launched it received mixed reviews making it difficult to determine whether the game was worth playing or not for those that hadn’t yet. What wasn’t difficult to establish however was how well it sold, shifting over a million copies in its first week in North America alone. This success has inevitably led to rumors that there will be a sequel and a trademark application is hinting just that.

Although nothing official has been announced about a sequel, according to Siliconera the polish developer Techland has just applied for the trademark of the name Dead World. This not only suggests plans for a sequel but also gives us a clue as to what we can expect from the next game, with the title suggesting the flesh eating zombie outbreak may have spread to beyond the dead island, Banoi.

Dead Island has given Techland their best-selling game ever so a sequel will be no surprise. Whether or not Dead World turns out to be it remains to be seen but the evidence seems pretty conclusive to us. In the meantime Dead Island DLC, Bloodbath Arena will be made available this month as we previously explained to you in an earlier article. It will feature four new locations for players to roam as well as a new weapon.

We also previously brought you news that a Dead Island movie was in the works, with Lionsgate heading the development, having obtained the rights to making the game into a movie. A movie like this has great potential for a franchise so it was inevitably going to be produced by someone, Lionsgate seem the perfect candidate having previously brought us things like the Saw series.

Do you think Dead World will be the Dead Island sequel?

Source: http://www.product-reviews.net/2011/11/04/dead-world-trademark-application-hints-dead-island-sequel/

Occupy Wall Street to trademark name

By:Samantha Stainburn
Source: http://www.globalpost.com
Occupy Wall Street's organizers have filed an application with the U.S. Patent and Trademark Office to trademark their movement's name.

Occupy Wall Street's organizers have filed an application with the U.S. Patent and Trademark Office to trademark their movement's name, CNN Money reports.

Attorney Samuel Cohen of the Law Offices of Wylie M. Stecklow, a firm that represents the protestors in Zuccotti Park, told The Associated Press that the filing was a defensive move to stop people from using the Occupy Wall Street name for improper purposes.

In its application, the group states it intends to use the phrase on merchandise, in magazines and newsletters and on a website about the Occupy movement, CNN Money reports.

“To the extent that it is possible, this application is intended to vest trademark rights in ‘Occupy Wall Street’ in the unincorporated association ‘Occupy Wall Street’ as a whole, not in the individual applicants as joint applicants per se,” the application states, according to Politico.

Another applicant, Arizona-based Fer-Eng Investments LLC, filed for the same trademark on the same day. Vince Ferraro of Fer-Eng Investments told CNN Money that he applied for the trademark as a businessman – he wants to sell OWS clothing and bags – and is not part of Occupy Wall Street. Since Ferraro filed his application a few hours after the Occupy Wall Street group, Cohen told CNN Money he is confident that his group will be awarded the trademark.

There is already a pending trademark application for the name "Occupy Wall St,” using the abbreviation for “street,” filed on Oct. 18 by Robert Maresca of West Islip, N.Y., the AP reports.

Maresca and his wife have been silk-screening t-shirts with the phrase on it, and Maresca told CNN Money that he was worried that they might be sued if someone else obtained the trademark. Maresca told CNN Money he would sell the trademark to the Occupy Wall Street group for $1 after he covers his costs.

Source: http://www.globalpost.com/dispatch/news/regions/americas/united-states/111031/occupy-wall-street-trademark-name-samuel-cohen

Twitter Secures “Tweet” Trademark

By: Ben Parr
Source: http://mashable.com
Twitter has settled a lawsuit that will give the company control over the “tweet” trademark, according to a new report.

Twitter doesn’t currently own the trademark to the term. Instead, Des Moines-based Twittad controls the trademark. Twittad, a provider of sponsored advertising on Twitter, has trademarked its tagline, “Let your ad meet tweets.” It also has trademarked various variations of the word “tweet.”

Twitter and Twittad have been in a legal struggle for years over the trademark. Twitter has argued that the term “tweet” was famous as a Twitter term before Twittad secured the trademark. The courts have thus far disagreed.

The two companies have settled their differences though, according to The Wall Street Journal. As part of the settlement, Twittad will transfer the “tweet” trademark to Twitter, though Twittad will continue to use its current trademark.

“Twitter and Twittad have arrived at a resolution recognizing a consistent use of Tweet while supporting the continued success of Twitter ecosystem partners like Twittad,” a Twitter spokesperson told Mashable.

Neither company revealed whether money exchanged hands as part of the settlement, though we’d be surprised if Twitter didn’t have to part with a good amount of cash to secure the trademark.

Source: http://mashable.com/2011/10/10/twitter-tweet-trademark/