Thursday, January 07, 2016

El Nino.2016: Intermission...


HOLLYWOOD sign (from 401 Wilshire, Suite 1200 in Santa Monica...)

Dateline: Thursday, January 7, 2016...

Southern California catches it's breath after 24 hours plus of rain, snow, wind, thunder, lightning, flooding, mud slides... and an Earthquake!...

Below are a few photos we took this morning to see what things looked like on the westside, e.g., Venice, Santa Monica, etc.

Venice Pier • Lifeguard On Duty
One brave body surfer... south of the Venice Pier...
The view north of the Venice Pier...
Cameo Trademark Shot:  Blue Bottle Coffee Drive By...  #AbbotKinney #Venice
Main St. & Rose Ave. #Venice #SantaMonica
#OceanAvenue #SantaMonica #StarlineTours
 ---

Ref: Trademark Law - Continuing Legal Education - notes and comments...

BLUE BOTTLE COFFEE CO (excerpted/partial USPTO "TESS" Record):

Word Mark BLUE BOTTLE COFFEE CO
Goods and Services IC 030. US 046. G & S: Roasted coffee beans. FIRST USE: 20020815. FIRST USE IN COMMERCE: 20020815IC 043. US 100 101. G & S: Cafe services; coffee shops. FIRST USE: 20020815. FIRST USE IN COMMERCE: 20020815




Serial Number 85787377
Filing Date November 26, 2012






Registration Number 4435134
International Registration Number 1167797
Registration Date November 19, 2013
Owner (REGISTRANT) Blue Bottle Coffee, LLC LIMITED LIABILITY COMPANY CALIFORNIA 300 Webster St. Oakland CALIFORNIA 94607




Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "COFFEE CO" APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL

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STARLINE (excerpted/partial USPTO "TESS" Record):










Word Mark STARLINE
Goods and Services IC 039. US 100 105. G & S: Conducting sightseeing tours for others; Tour operating; Bus chartering; Bus transport; Limousine services. FIRST USE: 19681231. FIRST USE IN COMMERCE: 19711231
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS




Serial Number 77460156
Filing Date April 28, 2008




Published for Opposition September 23, 2008
Registration Number 3543481
Registration Date December 9, 2008
Owner (REGISTRANT) Vahid Sapir INDIVIDUAL UNITED STATES 6801 Hollywood Blvd., Suite 305 Los Angeles CALIFORNIA 90028


Description of Mark Color is not claimed as a feature of the mark. The mark consists of the unitary word "StarLine" with a stylized "L" with a star symbol replacing the dot for the "i" in "StarLine".
Type of Mark SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).

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Respectfully submitted,

William Maguire
www.TrademarkEsq.com

(All photos by & Copyright Will Maguire 2016.)

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Saturday, December 19, 2015

Happy Holidays!...


Third St. Promenade, Santa Monica, Calif.
Third St. Promenade, Santa Monica, Calif.

We wish our clients and colleagues, Happy Holidays !

Ali'i Drive, Kailua, Hawaii

Mammoth Lakes, Calif., November 2015

Mammoth Mountain, Calif., November 2015
Will Rogers State Beach, Calif., December 2015
Santa Monica Beach, Calif., December 2015
Santa Monica Bay, December 2015

... and may the New Year bring peace and prosperity to you and yours.


Respectfully submitted,

Will Maguire
LAW OFFICES OF WILLIAM E. MAGUIRE
www.TrademarkEsq.com

401 Wilshire Blvd., Suite 12000
Santa Monica, CA  90401


401 Wilshire Blvd., Santa Monica, Calif.
  

Friday, October 23, 2015

Made In Cuba: Art, Bottle Caps & Trademarks...

Currently, there is an art exhibit featuring Cuban Artists at the Santa Monica Art Studios entitled, "Made In Cuba! Recycling Memory and Culture"...  I read about it earlier this week in the Santa Monica Daily Press (see below):

SMDP, 10.21.2015, page 3, article by Charles Andrews)





note:  The exhibition continues Wed-Sat, Noon-6PM through Nov. 21, 2015... so get there soon or you will miss it!


Among the artwork in this exhibit is one of two mixed media displays that feature bottle caps and labels of a Cuban beer, namely, Bucanero. x-ref:  http://www.cerveceriabucanero.com/english.php


(Source: Made in Cuba art show; Artist: Joel Jover, a well-known artist from Cameguay;
Thumbnail photo included here as "fair use" for academic purposes regarding trademarks.)
Trademarks...

Bucanero is a trademark for beer in Cuba.  For obvious reasons because of the longstanding embargo by the U.S., this beer is not available in the U.S.  Perhaps that will change with the relations between the U.S. and Cuba being normalized by the Obama Administration recently.

Some searches on the web, however, reveal some trademark disputes involving this brand name in the U.S. where it is sold under the name, Cubanero.

     excerpt:  "Brewed at the Bucanero Brewery, Holguin, and sold elsewhere as Bucanero, however due to trademark difficulties it is sold in the UK under the Cubanero Fuerte Label."

     http://www.thedrinkshop.com/products/nlpdetail.php?prodid=4401 

note: I am informed that Holguin is an area of Cuba known for its exceptional fresh water.

Additionally, a USPTO "TESS" Search reveals a beer registration in the U.S. for Bucanero owned by a Canadian company, as follows:

Word Mark BUCANERO
Translations The English translation of BUCANERO in the mark is BUCCANEER.
Goods and Services IC 032. US 045 046 048. G & S: Beer
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85739858
Filing Date September 27, 2012
Current Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) CERBUCO BREWING INC. CORPORATION CANADA 199 BAY ST., STE 2800 COMMERCE CT WEST TORONTO ONTARIO CANADA M5L1A9
Attorney of Record JEREMY M. ROE
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE
=====

Our web searches also revealed that Bucanero is made in Cuba in a joint venture between the Cuban government and the Canadian brewery, Labatts... and it turns out that the owner of the U.S. trademark, namely, Cerbuco Brewing Inc., is a subsidiary of Labatts...  x-ref:  http://www.luxner.com/cgi-bin/view_article.cgi?articleID=1076

===

There you have it... or you might if you are lucky enough to visit Canada or Cuba...  Hopefully, we will get it together here in the U.S. so that the Canadians aren't the only ones smoking Cuban cigars and drinking Cuban beer or Cuban coffee for that matter... just sayin'...

Respectfully submitted,

William E. Maguire
www.TrademarkEsq.com

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Monday, October 19, 2015

Pizza and Trademarks.....


Pizza and Trademarks..... which is right up there with Donuts & Trademarks, after all.

When in Venice... California, check out Abbot Kinney Blvd. which cuts a diagonal path to the beach from Washington Blvd.   Acclaimed for its NY Style Slice Pizza is Abbot's Pizza... and as set forth below, they have the trademark to prove it!...

Abbot's Pizza Co., at far right



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Continuing Legal Education footnote...

Word Mark ABBOT'S PIZZA COMPANY
Goods and Services IC 043. US 100 101. G & S: Restaurant services; namely, pizza restaurants that serve food and drink. FIRST USE: 19950317. FIRST USE IN COMMERCE: 19950317
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85232389
Filing Date February 2, 2011




Published for Opposition June 7, 2011
Registration Number 4015985
Registration Date August 23, 2011
Owner (REGISTRANT) Abbot's Pizza Company LLC LIMITED LIABILITY COMPANY CALIFORNIA

Prior Registrations 2083893
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "PIZZA COMPANY" APART FROM THE MARK AS SHOWN
Type of Mark SERVICE MARK
Register PRINCIPAL

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Specimen showing use of the ABBOT'S PIZZA COMPANY service mark; Source: www.uspto.gov

=====

Respectfully submitted,


William Maguire
www.TrademarkEsq.com

(All photos by & Copyright Will Maguire 2015.)

***   ***   ***













BLUE STAR DONUTS

... the morning began with a voice mail message from a friend advising of a new Portland, OR based donut shop that had just opened on Abbot Kinney Blvd. in Venice, Calif!.. and that they were giving away FREE DONUTS until approx. 1 pm !!!  Adjusting my schedule... I proceeded to Venice post haste...

Blue Star Donuts Reconn...





And the winner is... REAL MAPLE BACON!...


Many Thanks to my friend who shall remain nameless and who made two disclaimers that she is "not a donut person"...  yeah, right!...  :-)

Topped it off with a Iced Vanilla Latte at the nearby TOMS (shoes) ROASTING CO. ... which is apparently the "millennial hang out" where you can get a latte, sunglasses, shoes, a t-shirt and wifi...


Abbot Kinney is worth a visit as it has lots of shops and cafes... plus a new donut shop!  :-)




=====

***  Continuing Legal Education Footnote...

And showing its business savvy, the owner of BLUE STAR DONUTS has a U.S. Federal Servicemark Registration, as follows:

Word Mark BLUE STAR DONUTS
Goods and Services IC 043. US 100 101. G & S: Doughnut shops in the nature of a restaurant. FIRST USE: 20121205. FIRST USE IN COMMERCE: 20121205


Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 86743943
Filing Date September 1, 2015
Current Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Blue Star Doughnuts LLC LIMITED LIABILITY COMPANY OREGON #2013 430 SW 13th Portland OREGON 97205


Type of Mark SERVICE MARK
Register PRINCIPAL

(source: www.uspto.gov "TESS" database)

---

Additionally, below is the specimen submitted with the underlying application that shows use of the mark in commerce:


 (source: www.uspto.gov "TSDR" database)

=====

Respectfully submitted,

William Maguire
www.TrademarkEsq.com

(All photos by & Copyright Will Maguire 2015.)

***   ***   ***

Monday, September 14, 2015

Bottle Caps & Trademarks...


Found this bottle cap on the beach along the Pacific Ocean at Topanga Cove (x-ref: Topanga Canyon) near Malibu, California, this past Friday... on another very warm and humid day thanks to Tropical Storm Linda which brought both the heat and some surf...

The distribution chain must be pretty darn good if a beer from Pennsylvania can make it across the country to be uncapped on the sand just a few feet from the shoreline...

Victory Brewing Company:

 •  Website:  http://www.victorybeer.com/about/

•  USPTO “TESS” Record (partial excerpt; one of numerous registrations owned by this Registrant):

Word Mark    VICTORY
Goods and Services    IC 032. Beverages, namely, beer and ale. FIRST USE: 19940627. FIRST USE IN COMMERCE: 19940627

Mark Drawing Code    (4) STANDARD CHARACTER MARK
Serial Number    85976376
Filing Date    March 11, 2011

Registration Number    4175795
Registration Date    July 17, 2012
Owner    (REGISTRANT) Victory Brewing Company CORPORATION PENNSYLVANIA

---

And for pop culture fans of the hit cable tv series (and more recently a 2014 feature film), Entourage, can't you just hear Johnny Drama scream, "Victory!"...  as he did in Season 8?...

x-ref:  https://youtu.be/GIeWjLC_SB0

Who knows... maybe it was Johnny Drama hoisting a bottle of this brew at the beach at Topanga Cove...  either that or the guy driving the truck who just finished his deliveries...

Respectfully submitted,

William E. Maguire
www.TrademarkEsq.com

***   ***   ***

Thursday, August 13, 2015

FUDDRUCKERS: Burgers And Trademarks...



A Fuddruckers® restaurant recently opened in Santa Monica, California!... For burger enthusiasts and trademark practitioners alike, this is a welcome addition to the burger options on the Westside and well within walking distance from the shores of the Pacific Ocean...


And it seems like forever that I’ve wanted to try a Fuddruckers (aka, Fudd)!… at least since my trademark law class at The John Marshall Law School in the Fall of 1990 when I was enrolled in their LL.M program in Intellectual Property… After all, there was that trade dress case out of the 9th Circuit involving Fuddruckers v. Doc’s B.R. Others back around 1987 (see cite and link below).

And then this past year or so the KOO-KOO-ROO restaurant (same ownership, apparently) closed at the corner of 20th St. and Wilshire Blvd., in Santa Monica, California… and in its place opened a Fuddruckers.  After what seemed like over a year of having to wrangle with the City of Santa Monica over permitting, etc., it finally recently opened and tonite I had a chance to try it for the first time ever and was not disappointed. I had the Classic 1/3 lb. cheddar cheeseburger with their wedge fries (see photos…) and was impressed with the garnishing bar (think salad bar; see photo below) with lots of options...



I also followed it up with a Chocolate Shake, and if you ask…, they will put some peanut butter in it too… so you don’t have to choose between those two flavors. The verdict on the shake was Unanimous!...  It was Outstanding!

---

Trade Dress; CLE; FYI...

x-ref:


FUDDRUCKERS, INC.. v. DOC’S B.R. OTHERS, INC

United States Court of Appeals, Ninth Circuit.

Argued and Submitted July 16, 1986.
Decided Aug. 24, 1987.

    http://openjurist.org/826/f2d/837


===

THE SUPREME COURT OF THE UNITED STATES

TWO PESOS, INC., PETITIONER v. TACO CABANA, INC.

June 26, 1992

    https://www.law.cornell.edu/supct/html/91-971.ZO.html

In this opinion by the Supreme Court, it held, in part, that inherently distinctive trade dress is protectable without proof of secondary meaning.

The Supreme Court also cited a number of cases from different Circuit’s, including the 9th Circuit opinion in the Fuddruckers case referenced above.

The Fifth Circuit was quite right in Chevron, and in this case, to follow the Abercrombie classifications consistently and to inquire whether trade dress for which protection is claimed under § 43(a) is inherently distinctive. If it is, it is capable of identifying products or services as coming from a specific source and secondary meaning is not required. This is the rule generally applicable to trademark, and the protection of trademarks and trade dress under § 43(a) serves the same statutory purpose of preventing deception and unfair competition. There is no persuasive reason to apply different analysis to the two. The "proposition that secondary meaning must be shown even if the trade dress is a distinctive, identifying mark, [is] wrong, for the reasons explained by Judge Rubin for the Fifth Circuit in Chevron." Blau Plumbing, Inc. v. S.O.S. Fix it, Inc., 781 F. 2d 604, 608 (CA7 1986). The Court of Appeals for the Eleventh Circuit also follows Chevron, Ambrit, Inc. v. Kraft, Inc., 805 F. 2d 974, 979 (1986), and the Court of Appeals for the Ninth Circuit appears to think that proof of secondary meaning is superfluous if a trade dress is inherently distinctive. Fuddruckers, Inc. v. Doc's B. R. Others, Inc., 826 F. 2d 837, 843 (1987).

===

The TTABlog, by John L. Welch


Wednesday, January 11, 2012

Test Your TTAB Judge-Ability on These Three Mere Descriptiveness Refusals

    http://www.thettablog.blogspot.com/2012/01/test-your-ttab-judge-ability-on-these.html

This blog post by John Welch discusses some recent trademark applications filed by Fuddruckers and refused by the USPTO as being merely descriptive and which refusals the TTAB later sustained on appeals by Fudd. 

===

FYI Only; One of Fuddruckers® service mark registrations for "restaurant services"; USPTO "TESS" Record (partial extract):


Word Mark    FUDDRUCKERS

Goods and Services    IC 042. US 100. G & S: Restaurant Services. FIRST USE: 19800315. FIRST USE IN COMMERCE: 19800315

Mark Drawing Code    (1) TYPED DRAWING
Serial Number    73382882
Filing Date    August 31, 1982
Current Basis    1A
Original Filing Basis    1A
Published for Opposition    July 17, 1984
Registration Number    1298164
Registration Date    September 25, 1984
Owner    (REGISTRANT) Fuddruckers, Inc. CORPORATION TEXAS 8602 Botts La. San Antonio TEXAS 78217
(LAST LISTED OWNER) LUBY'S FUDDRUCKERS RESTAURANTS, LLC LIMITED LIABILITY COMPANY TEXAS 13111 NORTHWEST FREEWAY, SUITE 600 HOUSTON TEXAS 77040

=====

Respectfully submitted,

William E. Maguire
www.TrademarkEsq.com

(Disclaimer:  The comments and opinions communicated herein are not intended as legal advice and the use of photos are for illustrative purposes only. Additionally, the author herein has undertaken this blog post as a commentary protected under fair use principles.)

***   ***   ***

Friday, June 26, 2015

Trademarks On The Beach AND Main St...

Dateline: Friday morning, June 26, 2015. Santa Monica, Calif...


Bicycles...


Surfboards and paddleboards...


It must be summer... check out those school buses in the beach parking lot...


Triumph motorcycle on Main St., in Santa Monica, Calif.


Havana Latte at the M Street Cafe, on Main St... (x-ref: restaurant services)


breakfast...


TOYOTA Tundra pick up truck straight ahead... fender bender to the left...


SMFD on its way to the fender bender we just passed at Bay St. and Ocean Ave...


Woof!...  Somebody with Oregon plates on their SUV and their pet dog getting a look at the palm trees and the view of the Pacific Ocean...    SHORE HOTEL in background (x-ref: hotel services).


Trademarks and service marks are all around us.  Have you registered yours?...

Respectfully submitted,


Will Maguire
www.TrademarkEsq.com

***   ***   ***

(all photos by & © Will Maguire 2015.)