Wednesday, November 26, 2014

Happy Thanksgiving!...

On the eve of Thanksgiving 2014, we took a walk to the bluffs in Santa Monica around 3 pm.  Summer like weather once again here on the west coast and Santa Monica is downright warm... with temps hovering around 80 degrees Fahrenheit!...

Here are some photos of our round trip from desk to bluffs and back... We hope you enjoy this photo tour:

Directions to the North Pole...


The Santa Monica Pier...


Lifeguard Tower #15 open for business...


A view west toward Malibu.....


Santa Monica North Lifeguard Tower #12 was also open with a lifeguard on duty today...


 Fill in the blank:  Only the ____________ knows for sure...


Cars, pedestrians, motorcycles, and brand spanking new green painted bicycle lane on 2nd St.!


Public Transportation heading east on Santa Monica Blvd. at 5th St.....


Spectacular Red Ducati out front of Philz Coffee on Santa Monica Blvd...


Blazing Sunlight at 520 Broadway...



Happy Thanksgiving!


Will Maguire
www.TrademarkEsq.com
Santa Monica, Calif.

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Friday, September 12, 2014

Dueling Donuts...

DUNKIN' DONUTS (DD) opened its first Southern California shop in many years this past Tuesday, Sept. 2, 2014 at 5:30 a.m. at the corner of 12th St. and Wilshire Blvd. in Santa Monica... AND there's still a line out front!

Check this out!  Friday, Sept. 12, 2014 at approximately 1:40 pm!...





Meanwhile, one block away is Krispy Kreme...  no line (see photo below).  Krispy Kreme (KK) is going to have problems staying open at this rate.  KK's problems run deeper than just DD moving in a block away, however.  The KK Santa Monica location, for example, trucks in its donuts.  They are not the coveted original warm and just fresh out of the oven glazed donuts that its fans adore.  Instead, the KK donuts in Santa Monica and at most of their retail locations (that are without on site bakery operations), the donuts have shrunk.  They are not the size of the original KK glazed donuts.  This is a critical problem in terms of customer loyalty and brand integrity.  They've ripped the heart out of the magic of the KK brand, in my opinion.  It's a tragic shame.  Imagine if KK would offer the original size of their glazed ring donut at their Santa Monica location and if the donuts were fresh right out of the oven and still warm?!...  Word would get around and people would line up for that.  In the meantime, I won't be going to this KK venue because the shrunken sized donuts that are neither warm or fresh out of the oven are just unappealing and are not representative of the classic Krispy Kreme donuts.  Imagine if this happened at IN-N-OUT?!... Thankfully, IN-N-OUT is still privately held and understands the magic of their brand.


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Trademark Continuing Legal Education, fyi:

DUNKIN' DONUTS:

Word Mark DUNKIN' DONUTS
Goods and Services IC 042. US 100. G & S: Restaurant Services. FIRST USE: 19500515. FIRST USE IN COMMERCE: 19560707
Mark Drawing Code (1) TYPED DRAWING
Serial Number 72148372
Filing Date July 5, 1962
Current Basis 1A
Original Filing Basis 1A
Registration Number 0748901
Registration Date April 30, 1963
Owner (REGISTRANT) Dunkin' Donuts of America, Inc. CORPORATION MASSACHUSETTS 275 HANCOCK ST. QUINCY MASSACHUSETTS(LAST LISTED OWNER) DD IP HOLDER LLC LIMITED LIABILITY COMPANY DELAWARE 130 Royall St. Canton MASSACHUSETTS 02021






Type of Mark SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20130404.
Renewal 2ND RENEWAL 20130404
Live/Dead Indicator LIVE

note:  this is just one of numerous registrations owned by DD.


KRISPY KREME:

Word Mark KRISPY KREME
Goods and Services IC 042. US 100. G & S: RESTAURANT SERVICES. FIRST USE: 19340800. FIRST USE IN COMMERCE: 19350600
Mark Drawing Code (1) TYPED DRAWING
Serial Number 72399013
Filing Date August 2, 1971
Current Basis 1A
Original Filing Basis 1A
Registration Number 0938245
Registration Date July 18, 1972
Owner (REGISTRANT) KRISPY KREME DOUGHNUT CORPORATION CORPORATION NORTH CAROLINA 1814 IVY AVE. WINSTON-SALEM NORTH CAROLINA 27105(LAST LISTED OWNER) HDN DEVELOPMENT CORPORATION CORPORATION BY ASSIGNMENT, BY ASSIGNMENT, BY ASSIGNMENT, BY ASSIGNMENT, BY ASSIGNMENT KENTUCKY 370 Knollwood Street Suite 500 Winston-Salem NORTH CAROLINA 27103
Assignment Recorded ASSIGNMENT RECORDED




Type of Mark SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20120710.
Renewal 3RD RENEWAL 20120710
Live/Dead Indicator LIVE

note:  this is just one of numerous registrations owned by KK.


IN-N-OUT:

Word Mark IN-N-OUT
Goods and Services IC 042. US 100. G & S: RESTAURANT SERVICES AND CARRY-OUT RESTAURANT SERVICES. FIRST USE: 19490000. FIRST USE IN COMMERCE: 19490000
Mark Drawing Code (1) TYPED DRAWING
Serial Number 73133175
Filing Date July 7, 1977
Current Basis 1A
Original Filing Basis 1A
Registration Number 1085163
Registration Date February 7, 1978
Owner (REGISTRANT) IN-N-OUT BURGERS CORPORATION CALIFORNIA 4199 CAMPUS DRIVE, SUITE 900 IRVINE CALIFORNIA 92612




Type of Mark SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20070610.
Renewal 2ND RENEWAL 20070610
Live/Dead Indicator LIVE

note:  this is just one of numerous registrations owned by IN-N-OUT.
---

Respectfully submitted,

William Maguire
LAW OFFICES OF WILLIAM E. MAGUIRE
Santa Monica, California
www.TrademarkEsq.com

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Monday, August 25, 2014

Santa Monica: Out And About.....

Dateline: Monday afternoon, August 25, 2014....

We took a stroll to the bluffs overlooking the Pacific Ocean early this afternoon and followed the scent to "Blue Plate Oysterette" (on Ocean Ave. at Santa Monica Blvd.) which was said to have a notoriously too good to be true, "Lobster Mac 'n Cheese"...  it was worth the walk.  See for yourself...







Now that is a hunk of lobster!...





Respectfully submitted,


William Maguire
www.TrademarkEsq.com

(All photos by & Copyright William Maguire 2014.)


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Thursday, June 26, 2014

World Cup/FIFA - Neymar - Underwear - Speedo - Guerrilla Marketing

Brazilian Soccer star, Neymar, found a way to show off his sponsor's brand/trademark of underwear, this time in the World Cup.  Below in a cleverly written article, the author points out the financial interests of FIFA, the guerrilla marketing efforts of third party brand owners and the apparent cooperation of the sponsored athlete (who has done this before).  Let's just hope this doesn't escalate into commando tactics...   :-)

http://sports.yahoo.com/blogs/soccer-dirty-tackle/fifa-reportedly-investigating-neymar-for-displaying-prohibited-underpants-213839830.html

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According to a separate article, the underwear worn by Neymar was by SPEEDO®, which is not a World Cup sponsor:

excerpt:  "According to the report, part of Neymar's Speedo undergarments were exposed during the customary  post-match procedure of exchanging jerseys with an opposing player. The issue is that Speedo is not a World Cup-sanctioned line of clothing."

http://www.sportingnews.com/soccer/story/2014-06-25/neymar-underwear-briefs-fifa-investigation-brazil-world-cup-2014-speedo

---

Apparently this story was first published by the Brazilian Portuguese language news organization, UOL esporte, as follows:

http://rodrigomattos.blogosfera.uol.com.br/2014/06/25/fifa-investiga-sunga-exposta-de-neymar-em-jogo-da-copa/

which includes two photos of the offending SPEEDO® underwear.  Interestingly enough, the SPEEDO® word mark is not present on this particular style of underwear which looks to be reminiscent of a "tie dyed" design.


(photo source:  UOL esporte; shown here for 'fair use' purposes only)

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Stay tuned for more fallout from this latest guerrilla marketing campaign/snafu/underwear caper...

Respectfully and amusingly,


William Maguire
www.TrademarkEsq.com

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Friday, May 30, 2014

INTA HONG KONG 2014, aka #INTA2014

The annual meeting of the International Trademark Association (INTA) was held earlier this month in Hong Kong from May 11 - 14, 2014.  The undersigned attended this great annual meeting and sat in on six (6) seminars on a wide range of topics concerning trademarks, branding and the internet.

Our flight left Los Angeles the morning of May 8th, with one stop in San Francisco to change planes and arrived in Hong Kong late in the evening of Friday, May 9th, after crossing the international date line and accounting for the 15 hour time differential.

San Francisco Intl. Airport - the walk to the next gate/terminal...
Our arrival to Hong Kong Intl. Airport
Some very heavy rain, thunder and lightning was affecting the inbound flights into HK on the evening of Friday, May 9th, so our flight out of San Francisco stopped in Taipei, Taiwan for fuel.  It was only about an hour and a half to HK after that.  The late arrival into HK made taking a taxi to our hotel a favorable option, though we did not anticipate the race car driving skills of our driver in near typhoon conditions. It was a wild ride to say the least and quite a welcome to Hong Kong.

 *** Video Alert ! ***

"Welcome To Hong Kong: The Video"

     http://youtu.be/1KGlia5sxlQ

Our first peek of some shops in WanChai in Hong Kong during the rainstorm on our way to our hotel...

The first full day was devoted to reconnoitering our hotel and the route to the convention center where the annual meeting was to start the next day.

Our first morning cup of coffee, a cappuccino, at a local McDonald's...
The Hong Kong Jockey Club's horse racing track
The steep topography of Hong Kong

Causeway Bay skyline...
WanChair street scene...
A view of Hong Kong from Kennedy Road...
Sunday morning, May 11th, bright and early, we joined up with some 20 - 30 other lawyers from around the world, for a hike of the famed Dragon's Back trail on the south coast of HK, an event hosted by Paul Tackaberry of the Toronto law firm, Ridout & Maybee.  It was a fun and challenging hike with spectacular views that culminated with lunch and a peek at the ocean at Shek-O Beach.

Pre-Hike huddle




Our fearless Hike Leader, Paul Tackaberry
Two Kiwi Trademark Lawyers

Big Wave Bay Beach, at center of frame
*** Video Alert ! ***

The Dragon's Back Trail 

     http://youtu.be/2RROJtEvdjQ


Shek-O Beach, at center of frame
At the trail's end we hopped on a bus that arrived almost simultaneously and which took us the rest of the way and deposited us at Shek-O Beach...







Shek-O Beach


and then we had lunch at a nearby restaurant serving traditional Chinese dishes...


after lunch we caught a bus and then took the subway back to downtown Hong Kong...





Sunday evening was the opening reception for the INTA annual meeting, held in the Grand Ballroom of the Hong Kong Convention Centre which overlooks HK harbor.



Monday morning, May 12th, we attended the opening ceremony at the Hong Kong Convention Centre which featured several speakers, followed by the day's educational programming where we attended two seminars, as well as two seminars on Tuesday and two seminars on Wednesday.






The conference hand bag that did not include a shoulder strap (x-ref: PATRIX IP HELPWARE FAIL)...




and just across the street from the Convention Centre is a large Hong Kong Fire Station which made for a great photo op below...



The Grand Finale was held at Hong Kong Disneyland and a great many people lined up for the first buses at the Convention Centre.





waiting to get into Grizzly Gulch for the catered dinner...


and later we took the subway back to Hong Kong rather than wait for the return bus later that evening...
a real Mickey Mouse subway car...

The day after the annual meeting concluded we went on a foodie tour (Kong Kong Foodie Tours) of Central Hong Kong with some INTA colleagues and it was exceptional.














On Friday, May 16th, we took a trip to the south coast of HK to Repulse Bay beach where we got to see quite a few colorful and historical statues of Chinese culture, particularly Gods devoted to the ocean. It was quite a treat.











All in all, it was a great trip, both from a business and personal perspective.  Dinner with a client in Causeway Bay, the Rodeo Drive section of downtown HK, one evening. Meetings with trademark colleagues and educational conferences.  Plus some sightseeing.  While it's sometimes true that travel can be exhausting, this trip was an energy booster both professionally and personally.

Respectfully submitted,

William E. Maguire
LAW OFFICES OF WILLIAM E. MAGUIRE
Santa Monica, California

www.TrademarkEsq.com

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