Thursday, April 17, 2014

Captain America Merch!


With the recent release of the Captain America feature film sequel ("Captain America: The Winter Soldier"), which according to media reports, has already made well over $400 Million Dollars in box office receipts, it is very likely that the ancillary revenue stream of Captain America merchandise is also going to bring in millions of more dollars.

This morning at Aahs gift shop on Wilshire in West Los Angeles we observed an entire aisle dedicated to Captain America merchandise (see photo above).

All these commercial efforts to exploit this comic book character and feature film star is supported by a very broad trademark registration effort.  A cursory review of the USPTO's "TESS" database reveals there to be multiple U.S. trademark registrations and pending applications for CAPTAIN AMERICA for an assortment of goods and services.  These include, but are not limited to, action figures, toys, games, bedding, towels, backpacks, glassware, cups, clothing, video games and, of course, comic books.  There is, indeed, a comic book trademark registration dating back to 1968 for CAPTAIN AMERICA.

One recent registration in International Class #28 for CAPTAIN AMERICA owned by Marvel Characters, Inc., includes the following goods:

Balls for games; Balls for sports; Battery operated action toys; Bobble head dolls; Card games; Christmas tree ornaments; Collectable toy figures; Construction toys; Dice; Dominoes; Flying discs; Jigsaw puzzles; Jump ropes; Paddle ball games; Pet toys; Playsets for make-believe play battle or adventure activities; Plush toys; Radio controlled toy vehicles; Soft sculpture toys; Target games; Toy action figures and accessories therefor; Toy construction sets; Toy masks; Toy model hobbycraft kits; Toy vehicles; Toy weapons.

One service mark registration in Intl. Class #41 includes:

Entertainment services in the nature of live performance non-sports exhibitions of costumed characters for parties, conventions, and educational purposes and special events.

The strategy for protecting a comic book character/film franchise is not a secret.  The play book, as it were, is tried and true.  Our website features several articles which discuss trademark protection in connection with entertainment properties, including:

•  Super Heroes Need Protection Too!

     http://trademarkesq.com/pages/article2.php

• The Men In Black: From Comic Book To Feature Film

     http://trademarkesq.com/pages/article4.php

•  A Day In The Life Of BAYWATCH®

     http://trademarkesq.com/pages/article3.php

Earlier this week while returning from lunch we captured this photo below of two people on a motorcycle with the young lady on the back wearing a Captain America motorcycle helmet emblazoned with his famous 5 pointed star shield design...

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Respectfully submitted,


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

comment/note:  CAPTAIN AMERICA® is a trademark of Marvel Characters, Inc. and is used here under fair use principles for the academic purpose of discussing trademark registration practices.

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Tuesday, April 01, 2014

Blowin' In The Wind...


Between storm fronts, Santa Monica is feeling a beautiful, cool and strong on shore wind today...  Have a look at some of the photos we captured after lunch and earlier this afternoon... which reveal blue skies, high clouds moving along with the wind quickly... real high energy weather.




*** Video Alert ! ***

Strong Onshore Wind: The Video

     http://youtu.be/R8jOaQkZI2o



Respectfully submitted,


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

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Monday, March 24, 2014

Michael Jordan, Jewel Food Stores, Wheaties, the Right of Publicity and the Lanham Act...


Our longest title to date!  We shall endeavor, however, to simplify the remarks made here in connection therewith.  We begin with a recent 7th Circuit, U.S. Circuit Court of Appeals, decision in Jordan v. Jewel Food Stores Inc., 2014 WL 6270603 (7th Cir. 2014).

Michael Jordan (MJ). Yes, that Michael Jordan... of NBA fame, of Nike footwear, etc.  Jewel Food Stores (Jewel) got into trouble with MJ when they placed a paid one-page ad in a special Sports Illustrated commemorative issue celebrating MJ's induction into the NBA Hall of Fame.  Unfortunately, for Jewel they spent too much time on associating themselves and their brand, logo and slogan with MJ's name in this ad and the court held that this was the type of commercial speech not protected by the First Amendment.  (Per the Court, commercial speech is "speech that proposes a commercial transaction.")  The court determined that Jewel's ad was an example of "image" advertising, which the court noted is "ubiquitous in all media", that is intended to promote its own brand loyalty through the prominent use of its own brand, logo and trademarks in connection with MJ's world famous celebrity status and the goodwill attached to his name, likeness, etc. (Per the Court, "Jordan is a sports icon whose name and image are deeply embedded in the pop culture and easily recognized around the globe.")

Trivia Flashback... to the Fall of 1990 when I purchased a box of WHEATIES® with MJ on the box (see above) at a Jewel Food Store in downtown Chicago. True story.  No problem here. Wheaties got approval for this use and no doubt this was a time when MJ had not yet won his first NBA Title and Ring... though he would that very season...  and perhaps his people weren't as aggressive in protecting the commercial value of his name and likeness. I've kept the box which is in good shape despite it resting on a refrigerator for the past 10 plus years.

x-ref:  Per Wikipedia...

"Michael Jordan holds the record for most depictions on a Wheaties box, a total of 18 times, followed by Tiger Woods at 14 times."

     http://en.wikipedia.org/wiki/Wheaties

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For more information about Trademarks, Copyrights and Licensing, we invite you to visit our website at:  www.TrademarkEsq.com

Kind regards,

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

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Wednesday, March 12, 2014

Out and about in Santa Monica...

Dateline: Tuesday Afternoon & Evening, March 11, 2014

Where:  Santa Monica, California

Afternoon before and after lunch...

6th St. & Broadway
5th St. & Broadway
Third St. Promenade
Santa Monica Blvd at Fourth St....
Santa Monica Blvd. at Fifth St...

Early evening...

Wilshire Blvd... rush hour

Wilshire Blvd. between 5th and 6th St.
5th St. just south of Wilshire Blvd... a crew of bike riders heading home after school...
The Pacific Ocean from the "One Wilshire Bldg. at Ocean Ave. and Wilshire Blvd.
PERRY'S on the beach:  PLAY - SUN - PARTY...




 So did you happen to notice any trademarks or service marks in these photos?...  The REI® trademark and service mark appears in one of the afternoon photos.  A skateboarder on his skateboard and a classic 50's era Chevrolet appears in the evening photos, along with a crew of BMX bicycle riders and a moped, and some umbrellas and beach chairs on the beach in another photo.

For more information about trademarks, please visit our website at:

     www.TrademarkEsq.com

Respectfully submitted,


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

(All Photos By & Copyright William E. Maguire 2014.)

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Monday, March 10, 2014

Summer in March...

The Clock Tower Bldg. just off the Third St. Promenade in Santa Monica, Calif.
Southern California is experiencing a heat wave with temps in Santa Monica in the upper 70's and even 80's the past three days.  It was easily in the 80's today as it was yesterday on the sand.  We took a walk after lunch around 2 pm and headed on over to the bluffs at the end of Route 66 (aka, Santa Monica Blvd.) and had a look at the beach. Not a cloud in the sky and barely a stitch of wind.  We took some photos so you can enjoy the scenery too...

be sure to wear sunscreen...

Even the lifeguards are busy with this guard heading out with his paddleboard to escort two long distance swimmers back to shore...
The Georgian Hotel looking stunning under blue skies...
How about those red rims!?... 
Custom chopper on Santa Monica Blvd...
Even the plants are happy about the weather... just check out the smile on this flower!?...
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For the trademark inclined and oriented, this walk of ours encountered more than a handful of trademarks from cars to bikes to hats to board shorts to paddleboards to motorcycles, to a fancy beach close hotel, as well as a popular nationwide branded kids clothing store (GAP KIDS).  Each of these types of items can be registered with the U.S. Patent and Trademark Office, subject to the availability of the trademark chosen by the purveyor of said goods and/or services.

For more information about trademarks, we invite you to visit our website at:

     http://www.TrademarkEsq.com 

Respectfully submitted,


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

(All photos by & © William Maguire 2014.)

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Tuesday, February 25, 2014

Trademarks At Nite...

When the sun goes down here are two trademarks that light up, as it were...


 Wahoo's Fish Taco®, a cult favorite in California and Hawaii... legions of fans swear by their fish tacos. A U.S. Federal service mark as well, including the following registration:

Word Mark WAHOO'S FISH TACO
Goods and Services IC 042. US 100 101. G & S: restaurant services. FIRST USE: 19890100. FIRST USE IN COMMERCE: 19890100
Mark Drawing Code (1) TYPED DRAWING
Serial Number 74640714
Filing Date March 1, 1995
Current Basis 1A
Original Filing Basis 1A
Published for Opposition October 24, 1995
Registration Number 1949071
Registration Date January 16, 1996
Owner (REGISTRANT) Lamkone Restaurants, Inc. CORPORATION CALIFORNIA

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800 Degrees® Pizza above.  New to Santa Monica (at 2nd St. & Wilshire Blvd.) but not to UCLA students who line up regularly in the evening in Westwood Village where the customer gets to pick and choose the ingredients for their personal pizza.  The owner of this growing specialty pizza restaurant chain has several trademarks and service marks on file, including the following:

Word Mark 800ยบ DEGREES
Goods and Services IC 043. US 100 101. G & S: Restaurant services. FIRST USE: 20120131. FIRST USE IN COMMERCE: 20120131
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85733695
Filing Date September 20, 2012
Current Basis 1A
Original Filing Basis 1B
Published for Opposition February 26, 2013
Registration Number 4448869
Registration Date December 10, 2013
Owner (REGISTRANT) 800 Degrees, LLC LIMITED LIABILITY COMPANY CALIFORNIA

and


Word Mark 800 DEGREES
Goods and Services IC 043. US 100 101. G & S: Restaurant services. FIRST USE: 20120131. FIRST USE IN COMMERCE: 20120131
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85733686
Filing Date September 20, 2012
Current Basis 1A
Original Filing Basis 1B
Published for Opposition February 26, 2013
Registration Number 4389566
Registration Date August 20, 2013
Owner (REGISTRANT) 800 Degrees, LLC LIMITED LIABILITY COMPANY CALIFORNIA

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The registration of the name of a restaurant is an important part of the recipe for success as these two businesses illustrate.

For more information about trademarks, we welcome you to visit our website at:

     www.TrademarkEsq.com

Respectfully submitted,

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

(Photos by & © William E. Maguire 2014.  The service marks discussed herein are the property of their respective owners as indicated above.)

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