"Girard College" Rescues Creative Steps Kids Group !

Good News about the Philadelphia Pool story:

Valley Swim Club-Huntingdon Valley: Are Racism Allegations Fair?

by Tina Kells | July 9, 2009 at 03:46 pm

An investigation is underway, "US senator Arlen Specter announced plans to launch a discrimination investigation against The Valley Swim Club, in suburban Philadelphia, PA."

*** x-reference: http://www.thevalleyclub.com

and "Girard College boarding school offered their pool to the Creative Steps kids, and local ice cream parlor Gumdrops & Sprinkles gave the day camp a party of candy and ice cream making for free."

http://www.nowpublic.com/world/valley-swim-club-huntingdon-valley-are-racism-allegations-fair

http://www.girardcollege.com

In addition, since the incident was first reported, there has been an outpouring of support for the Creative Kids Day Camp. In this regard, please see:

http://www.nowpublic.com/world/day-camp-director-overwhelmed-offers-support-her-kids

*** Full Disclosure/Statement from The Valley Club on their website:

"The Valley Club is deeply troubled by the recent allegations of racism which are completely untrue.

We had originally agreed to invite the camps to use our facility, knowing full well that the children from the camps were from multi-ethnic backgrounds. Unfortunately, we quickly learned that we underestimated the capacity of our facilities and realized that we could not accommodate the number of children from these camps. All funds were returned to the camps and we will re-evaluate the issue at a later date to determine whether it can be feasible in the future.

Our Valley Club deplores discrimination in any form, as is evidenced by our multi-ethnic and diverse membership. Whatever comments may or may not have been made by an individual member is an opinion not shared by The Valley Club Board."

Comment: The Valley Club's position has continued to change from (1) an initial return of the money paid by the Creative Steps" group without explanation; followed by (2) that their group was deemed unacceptable to the Valley Club because, and I quote, it would change the "complexion" of the club; and finally (3) that the Creative Steps group was denied access to the club pool facilities for reasons of "safety".

*** In any case, God Bless "Girard College" for stepping up immediately upon hearing of this incident and offering its pool to the "Creative Steps" kids group.

"If This Is True, It's An Outrage !

If This Is True, It's An Outrage ! Philadelphia kids denied access to pool seemingly based on 'race'.

July 9, 2009, per Yahoo! News:

http://cosmos.bcst.yahoo.com/up/player/popup/index.php?cl=14414863

If you agree, please forward or contact your congressman or senator or others in a position to help these kids out.

Thank you for your consideration.

Sincerely,


William E. Maguire,
TrademarkEsq

INTA - Seattle, May 16 - 20, 2009

(The photo above shows the front of the Washington Convention Center, the venue of this year's Annual Meeting of the INTA) and the adjacent atrium roof which it shares with the Cheesecake Factory directly across the street)



The Annual Meeting of the International Trademark Association (INTA) was held this year in Seattle, Washington. This is the third time the INTA has been held in this Amazing City in the Pacific Northwest, all three of which I've been fortunate to attend.

Below are several photographs which predominantly display the sights and scenes of this truly American city. Rather than focus on the topics of the conference seminars... yeah... which we can cover on another occasion, this blog post is intended simply to entertain and enlighten the reader on some of the highlights of our recent trip. So sit back and relax and make room for some coffee, donuts and pizza... and baseball and boating and festivals.


(Photo above shows signage above the famed Pike St. Market)


(Photo above shows a typical bouquet of fresh flowers available at the Pike St. Mkt.)

(Photo below shows what the Pike St. Market is truly famous for: fresh fish. At this time of year, especially, you can see for yourself the catch of the day, Copper River Salmon, which is very expensive, as you can tell from the posted prices)


(Photo below is the signage for TOP POT DONUTS, which has a great backstory, and which this writer serendipitously just happened along while walking toward the Space Needle when he spied this shop on 5th St., http://www.TopPotDonuts.com)



(This next photo shows the TOP POT DONUTS Classic, Old School "Glazed Ring" Donut, sans one delicious bite)


(Batter up ! This next photo was taken above home plate, well above home plate, at Seattle's Safeco Field, home of the Mariners. Photo taken 05.18.09, during Mariner's home game vs. Angels. Two highlights: Ken Griffey, Jr. got his 2,700th MLB hit; and the Angels blasted the Mariners, 10 - 6.


(Later that same evening, downtown, in the rain, I captured this photo of a downtown street scene lit up with neon and lights with the PUBLIC MARKET of Pike St. in the distance)


(On Tuesday, May 19th, I visited Starbucks HQ and got a private tour by a colleague who works there and was fortunate to be there when they were introducing the new ice cream supplier for the STARBUCKS ice cream line, namely, Unilever... and the results were delicious with caramel and creme, as well as their famed "Java Chip" being served up for all the employees and guests. Additionally, I got to try a cup of coffee brewed from Starbucks recent individual trademark and patent protected coffee machine, namely, CLOVER®. Consensus: Smooth and Strong)


(On Friday, May 22nd, I visited the site of the Seattle Center and Space Needle, where the first day of the annual 3 day Northwest Folklore Festival was in progress and lo and behold, another Seattle based Donut shop had a booth there. "Mighty-O donuts" captured my attention with their banner and their philosophy of: Vegan - Organic - No Trans Fats. Kind of the Kurt Kobain take on donut making, as opposed to TOP POT which is really a combination of Starbucks and Dunkin Donuts.


(Sat., May 23rd, below, shows the Seattle skyline on our return from a brief boat trip out to Bainbridge Island and back)


(Around the corner from TOP POT DONUTS on 5th St., I spied this restaurant sign that said "Serious pie." What was I to think ? Naturally, I was hoping for fresh peach pie. I was wrong as you will see in the next photo showing the pizza pie I enjoyed there on 05.23.09)


(So I told the manager-owner, that I had tried Pizzeria Mozza in L.A. and he said that theirs was better... so I put them to the test and you know what, "This pizza below was Better !" Thin crust baked in a wood fired oven, this seriously spectacular pizza pie included: Buffalo Mozzarella, San Marzano Tomato, plus I added Coppa (a thinly sliced and cured ham.
Wow !)


And so this story comes to an end with a Saturday evening flight back to LAX, on 05.23, and then I noticed off the port wing.... Mt. Rainier:


Until the next post.....


William E. Maguire,
Los Angeles, Calif.
http://www.TrademarkEsq.com

The Famous DOBBS Trademark Case

(Photo shows a classic DOBBS® Grey Fedora hat; Photo source: eBay)

Our Hat is off to the Court on this one. DOBBS® hats, of course, are right up there with Stetson® and Mallory® in the annals of Hatdom.

In this brief blog post, we will comment on a seminal trademark case from 1933 that is a virtual classic trademark case discussing surnames as trademarks and the efficacy of disclaimers. For illustrative and fair use purposes only, several photos of a classic Dobbs® fedora hat and DOBBS® hat box are also included herein for your academic and scholarly attention.

This writer first became familiar with the famed Dobbs hat case in the Fall of 1990 while studying trademark law under the guidance of Adj. Professors Ray Geraldson and Mark V.B. Partridge at the John Marshall Law School in Chicago, Illinois, in the school's LL.M, Intellectual Property program. The DOBBS® Hat case was a case that was briefed and discussed early on that fall in the substantive course of Trademark Law. The case citation for this Dobbs matter is Hat Corp. of America v. D.L. Davis Corp., 4 F. Supp. 613 (D.Conn.1933) (hereinafter, DOBBS Case). In the Dobbs case, the court granted an absolute injunction forbidding the use of the name "Dobbs" on hats by the junior user. This extended even to a disclaimer proposed by the defendant. The disclaimer used by the defendant had been: "Not connected with the original Dobbs". But the Court reasoned that: "Confusion is created by the very explanation to avert confusion."

As for the particular facts of the case with respect to the plaintiff's prior rights to the DOBBS® trademark and the defendant's use of "Wm H. Dobbs" on the sweatbands of hats and on the hat boxes, the court stated: "The facts of the case at bar are such that Wm. H. Dobbs himself could not use the name "Dobbs" in the marking of hats publicly offered for sale or in advertising hats for sale, without deceiving and confusing the public to the plaintiff's damage."

The court then directed its attention to the disclaimer, referred to in this case as an "explanatory suffix", and whether its use would suffice to avoid the confusion. DOBBS was understood by all parties to be the surname of the founder of the Dobbs hat company (Dobbs & Co.), the predecessor in interest to the current plaintiff. With respect to the Dobbs surname, the court ruled: "The surname alone remains in the public mind as an identification mark about which cluster associated ideas such as quality and style in headgear. The name has become a purely impersonal symbol." The court further reasoned, with respect to the defendant's use of "Wm. H. Dobbs", that: Precisely the same images are evoked by the sight or sound of "Wm. H. Dobbs," and the effect is no different if followed by such a phrase as "not connected with the original Dobbs. For the eye of the purchaser, long taught to identify the product by the name Dobbs alone, promptly registers the identity as complete upon catching the surname without noticing and pondering the significance of initials or suffix." For this and like reasons, the court then reasoned: "Confusion is created by the very explanation intended to avert confusion."


(Photo of DOBBS® hat and hat box; Photo source: eBay)

The photo above shows the classic evidence of use of a trademark in connection with the sale of hats, e.g., on the hat box, and as seen in the photo below, in the lining on the inside of the hat.


(Photo of underside of DOBBS® hat which shows the use of the trademark, DOBBS®, on the inner lining; Photo source: eBay).

Finally and notably, the court was so convinced of the likelihood of confusion that it issued a very expansive and exacting injunction, as follows: "...that an injunction may issue against this defendant, without the limitations to which Wm. H. Dobbs would be entitled, wholly restraining it from all use whatsoever of the name "Dobbs," whether refixed by initials or given names, or suffixed by explanations, either imprinted on any hats which it manufactures or sells or offers for sale, or on the containers thereof, or in advertising the same or otherwise in connection with its operations in the manufacture, distribution, and sale of hats."

---
Postscript: Attached hereto is one of the long standing and renewed DOBBS® registration records from uspto.gov. Interestingly, a few of the original registrations have been cancelled for failure to renew. Nevertheless, use seems to date back to as early as 1908 for this famous DOBBS® hat trademark.





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Until next time,....please remember:

TrademarkEsq is here for you !


Respectfully submitted,


William E. Maguire, Esq.
Los Angeles, Calif.
www.TrademarkEsq.com


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WATCHMEN: The Verdict

Sunday, March 8, 2009
Westwood Village,
The Village Theater
First screening of the day



WATCHMEN: The Verdict

"It is EPIC in length. It is Spectacular. It is Long. It is Violent. It is Magnificent. It is Grandiose. It is worth seeing. But set aside at least 4 to 5 hours and do not drink any liquids for at least an hour before the movie starts...There are scenes where you just want to scream, "This Movie Rocks" ! or "Cool!" or "Wow!" Other times you want to yawn and speed up the reel. In short, I liked it ! And I am glad it is over too. The moral of the story: The ends justify the means."

*** *** ***


(Photo source: Billboard at Barrington and Olympic Blvd, in West Los Angeles. Photo by Will Maguire. WATCHMEN™ is a trademark of it's proprietary rights owner).

You've seen nothing yet ! The bombardment of Advertising and Promotion for this Superhero Feature Film is just getting started. Just check out the Watchmen movie website from Warner Bros. (http://watchmenmovie.warnerbros.com/) with its Blade Runner-esque soundtrack. Wow !


(Graphic Film Credit Billing Block.gif above is: Copyright 2008 Warner Bros. Entertainment Inc. All Rights Reserved)

Also, see:

The Official Watchmen movie blog at:
http://rss.warnerbros.com/watchmen

and

the Facebook "Watchmen" Group at:
http://www.facebook.com/watchmen


The Watchmen Movie Trailer at:
http://www.apple.com/trailers/wb/watchmen

and

The Official Magazine of the San Diego Comic-Con at:
http://www.comic-con.org/common/cc_magazine.shtml


and

Entertainment Weekly Magazine, Feb. 27, 2009 Issue
http://www.ew.com/ew/article/0,,20213273,00.html



and

Comics Buyer's Guide, #1652, April 2009
http://www.cbgxtra.com/Default.aspx?tabid=42&qs=1&view=topic&forumid=24&postid=49421



The film, based on the graphic novel by Alan Moore, first published as a limited twelve issue comic book series in 1986 and 1987 by DC Comics (see: http://en.wikipedia.org/wiki/Watchmen), is being directed by the same director as the film "300", namely, Zack Snyder.

The plot brings to mind a theme I've stressed for many years:

"Super Heroes Need Protection Too !"
http://www.trademarkesq.com/pages/article2.html

Therein lies the coincidence but also the extent of any substantive similarity. The super hero as intellectual property does indeed require the thought and care of a competent intellectual property attorney. As for the film and its fictional super hero team, the Watchmen, we will all just have to wait and watch...

If you are a creator of super heroes or the like, we invite you to take a look at our website which features ARTICLES of interest, including, of course, our flagpole article, "Super Heroes Need Protection Too !"

Remember: "Protect What's Yours !"

TrademarkEsq is here for you !
http://www.TrademarkEsq.com

"ZAP! POW! BAM!" at the Skirball Center: The Verdict !

The photo below shows the artwork at the entrance to the ZAP! POW! BAM! Comic Book Exhibit:


This next photo shows some newspaper headlines from the same Exhibit:


Some Explanatory Text re the Heralded "Golden Age" of Comics:


A close-up of some very creative display dividers at said Exhibit:


The undersigned shadowed by the Dick Tracy Exhibit at the Skirball's companion exhibit featuring Superheroes in Film:


The Verdict: "WOW!... ZAP! BAM! POW! Go See This Show NOW!"

Updated, Sat., March 7, 2009

So there I was listening to Jerry Robinson, the creator of THE JOKER (as in the Batman comic book series) chat with Mark Evanier the other nite, Thursday, March 6th, at the Skirball Cultural Center in Los Angeles.... and in response to a question from the audience, Jerry says that in deciding on the Joker as the protagonist-villain as counterpoint to Batman, that "Names are so Important in Comics"! Well, that is Divine Reassurance for any trademark attorney, to be sure. Comic book character names are so important in comics. And the guy who created THE JOKER said it ! Helloooooo ! Thank you !

And that is EXACTLY why registering your character names as trademarks is so important, if possible ! I rest my case.


(Source: Skirball.org)


(Source: Skirball.org)


Dateline: Feb. 19, 2009 through August 9, 2009.

Venue: Skirball Cultural Center, Los Angeles, Calif.

What: "ZAP! POW! BAM! The Superhero: The Golden Age of Comic Books, 1938 - 1950"


(Source: Skirball.org)

Web Link: http://www.skirball.org/index.php?option=com_ccevents&scope=exbt&task=detail&oid=34&ccmenu=v2hhdcdzie9u

Among the Super Heroes featured are Superman, Batman and Wonder Woman in this exhibit which "showcases work by the Jewish artists and writers who created heroic comic book characters during the late 1930s and '40s." (Westways Magazine, March/April 2009, page 52).


(Source: Skirball.org)

Additionally, there is a companion exhibit produced by the Skirball Center itself called, "It's A Bird, It's A Plane, It's Superheroes of Film and Television!, curated by Ms. Erin Clancey (Palisadian-Post, Feb. 26, 2009, page 11).
http://www.palisadespost.com/content/index.cfm?Story_ID=4679

Per the Skirball Center's website, "Lights, Camera, Action examines the close relationship and parallel development of the comic book and motion picture industries. Objects on view include the original 1966 Batcycle from the Batman television series on loan from the Petersen Automotive Museum, along with vintage movie posters on loan from the Academy of Motion Pictures Arts and Sciences, original comic books on loan from the University of California, Riverside, and movie and television memorabilia."


(Pictured above: Batcycle • Collection of Margie and Robert E. Petersen)

This exhibit is said to include vintage posters and movie costumes from such films as the 1978 Superman movie starring Christopher Reeve, as well as Michael Keaton's Batman costume. No additional admission fee is charged for this exhibit. More bang for your buck! Tickets are $10 for adults, $7 for seniors and students, and $5 for children 2 - 12. For more information, call 310.440.4564 or on check it out on the web at www.skirball.org

Finally, for the comic book afficionado, you may want to calendar attending the chat session at the Skirball on Thursday, March 5th at 8 pm when Golden Age Artist Jerry Robinson will discuss "The Golden Age of Comic Books". This should be a real treat because Robinson is credited with creating Batman's most famous adversary, The Joker, as well as naming Batman's protege, Robin the Boy Wonder.

If you are not yet enticed to see this exhibit, check out the following copy of Jerry Robinson's original sketch from 1940 of The Joker. Note the red shading of the Joker's lips to illustrate the character's makeup.


(Source: Palisadespost.com; From the Collection of Jerry Robinson).

Zap! Bam! Pow!... and get yourself to this show !

And don't forget that "Superheroes Need Protection Too!" http://www.trademarkesq.com/pages/article2.html

For that, TrademarkEsq is here for you !

**********************************************

WHY I LOVE CHICAGO !

(Painting & Source: "A Sunday on La Grande Jatte" by Georges Seurat;
http://www.artic.edu/artaccess/AA_Impressionist/pages/IMP_7.shtml)
*** The original painting is on display as part of the permanent collection at the Art Institute of Chicago ***

Let me name the reasons:

•The Fugitive
http://en.wikipedia.org/wiki/The_Fugitive_(1993_film)
•The Blue Brothers
http://en.wikipedia.org/wiki/The_Blues_Brothers_(film)

•Second City
http://www.secondcity.com
•Navy Pier
http://www.navypier.com/visit_us/directions.html
•Chicago Blues
http://en.wikipedia.org/wiki/Chicago_blues
•Muddy Waters
http://en.wikipedia.org/wiki/Muddy_Waters
•Buddy Guy's Legends
http://buddyguys.com

•Billy Goat Tavern
http://www.billygoattavern.com


•Lake Michigan
http://en.wikipedia.org/wiki/Lake_Michigan
•The University of Chicago
http://www.uchicago.edu
•Museum of Science and Industry
http://www.msichicago.org

•Deep Dish Pizza
http://chicago.citysearch.com/bestof/winners/pizza
•Ed Debevic's (the original)
http://www.eddebevics.com
•Carson's Ribs
http://www.ribs.com
•Scoozi !
http://www.leye.com/restaurants/directory/scoozi
•Taylor Street
http://www.ristorante.net/taylor.htm
•Tufano's Vernon Park Tap
http://www.yelp.com/biz/tufanos-vernon-park-tap-chicago
*** note: Call in advance to see if they will be serving the "Eggplant Parmesan"... it is to die for ! Trust me !
•Spinach Pizza at Bacino's http://www.bacinos.com/

•Rush Street
http://en.wikipedia.org/wiki/Rush_Street_(Chicago)
•Oak St. Beach
http://en.wikipedia.org/wiki/Oak_Street_Beach
•Grant Park
http://en.wikipedia.org/wiki/Grant_Park_(Chicago)

... and besides my nephew's name is Grant !

Soldier Field, e.g., "Da Bears !"...


•Stunning Architecture
http://architecture.about.com/od/usa/p/chicago.htm





•The Art Institute of Chicago
http://www.artic.edu

*** including the World Famous and Utterly Remarkable Postimpressionist Painting by Georges Seurat, namely, "A Sunday on La Grande Jatte" http://www.artic.edu/artaccess/AA_Impressionist/pages/IMP_7.shtml

•Sculpture

(An Untitled Sculpture by Pablo Picasso)
http://en.wikipedia.org/wiki/Chicago_Picasso

•The Chagall Wall
http://www.worldofstock.com/closeups/AAB1217.php

•The Shedd Aquarium


•Will Maguire with "Man With Fish"

(Photo by Gary Borquez, Esq., CEO, Wheelhouse Legal Search,
Photo taken in May, 2007 during Annual Meeting of Intl. Trademark Assn.)

•The Standard Club
http://www.stclub.org
•Printer's Row
http://en.wikipedia.org/wiki/Printer%27s_Row,_Chicago

•The Cubs and Wrigley Field
http://chicago.cubs.mlb.com
•The Bulls Run of 1990-91 to the NBA Championship
•The Last Season at Comiskey Park, Summer 1990:
http://en.wikipedia.org/wiki/Comiskey_Park

•Michigan Avenue
http://en.wikipedia.org/wiki/Michigan_Avenue_(Chicago)
•Marshall Field's
http://en.wikipedia.org/wiki/Marshall_Field's
•The Sears Tower
http://www.searstower.com

and, of course, my alma mater, The John Marshall Law School, where I earned my LL.M (Masters of Law) degree in Intellectual Property in June of 1991. http://www.jmls.edu

If you've never been to Chicago, GO !


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