Happy Holidays !

We wish you and yours a wonderful Holiday Season !

Merry Christmas and Happy Holidays !

May the holidays allow us all to reflect on this year, our blessings and to be
surrounded by family and friends and loved ones.

We hope you will enjoy this photo collage which we have put together for you featuring the spectacular photographic skills of highly acclaimed east coast photographer and California native, Tom Thorson.

The following set of photos is from the eastern seaboard, on Long Island, NY, from yesterday morning, Sat., Dec. 19, 2009:

















And from this morning, Sunday, Dec. 20, 2009, in Long Island, N.Y., the day after the East Coast Blizzard of Sat., Dec. 19, 2009:









A local surf shop on Long Island.... snowed in !



..... and according to Tom Thorson, no kayaking today.....




All photos by Tom Thorson. Copyright Tom Thorson 2009. All Rights Reserved. Used here with permission.
( Email: tthorson1@optonline.net )

Best wishes in the New Year,


William E. Maguire,
LAW OFFICES OF WILLIAM E. MAGUIRE
Los Angeles • Pacific Palisades
www.TrademarkEsq.com
email: maguire@artnet.net

eBay Announces Changes to its VeRO Program, eff. Jan. 18, 2010

(Source: eBay.com)

Dateline: Dec. 15, 2009

eBay Customer Support recently sent out an email to VeRo participants notifiying them of some changes to the VeRO process for Verified Rights Owners (VeRO). For your convenience, we are including it below verbatim:

"Dear VeRO Particpant,

We wanted to let you know that starting January 18, 2010 we are changing the process for requesting seller contact information through the VeRO Program Personal Information Agreement. Along with the seller ID and item number, we ask that you include the type of intellectual property infringement you are investigating. You may either provide a written explanation for each seller ID or use a reason code from the list below.

Please let us know if you have any questions.

Trademark – Item infringement
1.1. Item(s) is a counterfeit product which infringes the trademark
owners rights

Trademark – listing content infringement
2.1. Listing(s) contains unlawful comparison to trademark owner’s brand
name
2.2. Listing(s) contains unlawful use of trademark (e.g., unlawful use
of stylized logo in written text) ___________________ (please specify)

Copyright – item infringement
3.1. Software offered for sale in violation of an enforceable license
agreement which constitutes a copyright infringement
3.2. Item(s) infringe copyrights (e.g., a bootleg recording of live
performance, pirated copy of media such as software or movies, or
unlawful copy of copyrighted works such as text, paintings, or
sculptures).

Copyright – listing content infringement
4.1. Listing(s) uses unlawful copy of copyrighted text
4.2. Listing(s) uses unlawful copy of copyrighted image
4.3. Listing(s) uses unlawful copy of copyrighted image and text

Other infringement
5.1. Item(s) has been adjudged to infringe a valid and enforceable
patent (requires patent registration number, and identification of
claims adjudged to be infringed)
5.3. Item(s) violates a celebrity’s right of publicity
5.4. Listing(s) content violates a celebrity’s rights of publicity
5.5. Other _____________________________________________
(please specify)


Regards,
eBay VeRO Team"
--------------------------------------------

VeRO, as you may know, allows I.P. Owners and/or their counsel an effective way to take down offending auction sites on eBay that offer counterfeit goods. The undersigned has used VeRo numerous times on behalf of client's who have sought to stop third parties from selling counterfeit product that reproduces the client's trademarks and/or copyrighted artwork.

For those unfamiliar with VeRO, here is a link to the eBay webpage re same:

http://pages.ebay.com/help/tp/programs-vero-ov.html

Until next time.....


William E. Maguire
www.TrademarkEsq.com

Speaking of Trademarks: "Hats Are Back!"

(Hat Image Source: pacsun.com)

Just check out the Fedoras, etc. that are catalogued under "Guys Hats & Beanies" and which are available for sale at trendy surf&skate apparel retailer, PACSUN® ! A client just forwarded this link below this morning and it is a beauty and definitely confirms that "Hats Are Back!"

http://shop.pacsun.com/guys/guys-hats/page/6/index.cat

In the next photo, the undersigned author purchased this rattan fedora recently while on vacation in Waikiki. Not a rainy day weather hat, but a beauty in the sun and for reaffirming the holiday aura.




Like we said before, Hats are Back and in a Big Way ! Check out this Hat worn by Woody Harrelson in the recent zombie cult classic, ZOMBIELAND:

(Source: Entertainment Weekly, 10.30.09, pg. 22)

And fans of the hit cable tv series, MAD MEN, know that the character of Don Draper is often attired with a Fedora (see below). As a matter of fact, the DOBBS® hat which Don Draper wears and carries in the show is known as "the Don Draper signature fedora" with a two-inch brim that's slightly wider than was in fashion at the time, according to Mad Men Costume Head, Janie Bryant, as interviewed in Entertainment Weekly, on page 65 of EW's "On the Set Special '09 issue.

(Source: Entertainment Weekly, "On the Set Special '09", page 65)


(Photo above shows Actor-Comedian, Steve Harvey, in a DOBBS® hat advertisement on the wall inside Seattle, WA Hat Merchant, BYRNIE UTZ HATS).


(Photo above shows Seattle, WA, Hat Retailer, BYRNIE UTZ HATS.)

Have you noticed the hat craze that has stealthily crept up in the fashion landscape. Rock 'n Roll artists (Pete Doherty, singer/songwriter in the band Babyshambles).

(Source: Wikipedia.org)

entertainers (Justin Timberlake), plus professional athletes (the Lakers, Lamar Odom), as well as on the street. Classic brimmed hat styles like the Trilby and Fedora are the apparent popular choices these days. Fashion labels like Armani and Prada included models wearing brimmed hats in their Spring/Summer 2005 shows (source: WSJ).

(Photo shows Lamar Odom wearing a Kangol® hat; Photo source: http://www.bestweekever.tv)

Fashion retailers such as Marc Jacob and J. Crew now carry brimmed hats. Surf/Skate Fashion Icon, Quiksilver, also has its own line of custom made brimmed hats for active youth.

For the benefit of the audience, we will now summarize some of the basic trademark issues one should consider when going into business to sell products and how one goes about protecting their brand name so that third parties are not only discouraged from using the same name, but also providing the owner with defensible rights to go after counterfeiters and copiers.

One trademark registration in the U.S. for "CASUAL HATS, CAPS EXCLUDING BASEBALL CAPS, AND BERETS", in International Class #25, is for the trademark, "KANGOL (and design)", which indicates that the mark includes both words and graphic elements, aka, "composite mark". As part of the public record on USPTO, below is the image of this composite mark.


QUIKSILVER® also has a trademark registration that includes "hats" in Intl. Class #25, as well as other apparel related goods, as follows: "Footwear; headwear; wetsuits; swimwear; t-shirts; shirts and casual tops with long and short sleeves; sleeveless shirts; sleeveless tops; sweat tops; jackets; coats; shorts; board shorts; walk shorts; long pants; trousers; jeans; dresses; skirts; ski wear and snowboard wear, namely, ski pants, ski jackets, snowboard pants, and snowboard jackets; underwear; socks; belts; gloves; beanies; hats; visors; caps; surf hoods; boots; shoes; thonged and strapped sandals.

(Image above shows the "Quiksilver Maestro Fedora"; Source: Swell.com)

The obvious benefit of a U.S. Federal trademark registration on the Principal Register is that it provides the owner with presumptively valid rights throughout the United States. This is a huge benefit entitling the owner to exclusivity of use. While "use" remains the basis of trademark rights in the U.S., your rights at common law are limited to the area of your geographic exploitation of the mark. Thus, why would you risk selling goods under a brand across several states when you could gain exclusive rights throughout the U.S. ?

There are other benefits to a trademark registration and we invite the reader to visit our website and read some of the "ARTICLES" posted therein at: http://tmesq.com

***** ***** *****
The author's own personal favorite hat, a MALLORY® Fedora, which he has owned since 1974 when he bought it secondhand at the Salvation Army Thrift Shop in Santa Monica, Calif. Shown here after just very recently having been cleaned, blocked and repaired at Baron Hats, in Burbank, Calif.


(Photo below shows the author wearing the very same hat in college at UCSB in June 1976.)


(Photo below shows Burbank, Calif. based hat retailer, "BARON HATS". "Hollywood's Hat Maker".)



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

SPF Trademarks: "Another L.A. Heat Wave"

Dateline: Thursday, October 22, 2009; Los Angeles, Calif.

RE: "Another L.A. Heat Wave !"

It's like 80 plus degrees Fahrenheit 'again' outside this afternoon ! Whew ! In a long sleeve button down oxford dress shirt with a t-shirt on underneath, it is WARM out there !

Thus, sunscreen protection is once again in order. Recently, a colleague of mine who has braved the sun on the east and west coasts, and has since burned himself on the beaches of Brazil, has indicated his sunscreen choice as any 50 plus spf factored product by BANANA BOAT®. An excellent choice, this product is available in both lotion and spray.


http://www.bananaboat.com/

Another option is the perennial favorite, COPPERTONE®, also available in both lotion and spray.



http://www.Coppertone.com

Why SPRAY ?.... it's alot easier to nail down the spf on your feet with spray, as well as your back.

A new entrant favored by many surfers and beach lifeguards is WATERMAN'S® sunscreen which is touted for its water repellency and for its resiliency in staying put on the job instead of washing off in the ocean.

http://www.WatermansAppliedScience.com

Additionally, WATERMAN'S is social media savvy and has its own Facebook page for its adoring fans ! http://www.facebook.com/reqs.php#/watermans

Finally, SEA & SKI®, which basically ruled the 60's and which has been trying to climb back up in the ratings ever since, is the "old school" choice for baby boomers. With its very own unique aroma, this product is clearly distinguishable from its competitors. One must, therefore, wonder if this trademark owner has ever considered obtaining a trademark registration for the "smell" of SEA & SKI® sunscreen lotion. To my knowledge, this has never been undertaken.



For some interesting background and history on the SEA & SKI brand, check out this article online at:
http://bit.ly/grTo3

or

http://www.brandlandusa.com/2009/08/09/whatever-happened-to-sea-once-the-nations-most-popular-suntan-brand/

B. The Registration Basics

Sunscreen is generally registrable in International Class #3. Each of the trademarks mentioned above enjoy the benefits of a U.S. Federal Trademark Registration on the Principal Register in Intl. Class #3.

One Registration for sunscreen that is public information and available online at www.uspto.gov is the earliest trademark registration for COPPERTONE, as follows:

Word Mark COPPERTONE
Goods and Services IC 003. US 051. G & S: [ TANNING BUTTER, ] SUNTAN OIL, SUNTAN LOTION, [ SUNTAN CREAM, SKI CREAM, ] AND EXTRA PROTECTION SUNTAN LOTION. FIRST USE: 19441100. FIRST USE IN COMMERCE: 19450300 Mark Drawing Code (1) TYPED DRAWING
Serial Number 72375781 Filing Date November 12, 1970 Current Filing Basis 1A Original Filing Basis 1A Registration Number 0917825 Registration Date August 3, 1971
Owner (REGISTRANT) PLOUGH, INC. CORPORATION DELAWARE 3022 JACKSON AVE. MEMPHIS TENNESSEE 38101
(LAST LISTED OWNER) SCHERING-PLOUGH HEALTHCARE PRODUCTS, INC. CORPORATION BY CHANGE OF NAME FROM DELAWARE 3030 JACKSON AVENUE MEMPHIS TENNESSEE 38151

Assignment Recorded ASSIGNMENT RECORDED Type of Mark TRADEMARK Register PRINCIPAL Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20010731. Renewal 2ND RENEWAL 20010731

And check out the USPTO record for the earliest SEA & SKI® suntan lotion trademark registration !

Word Mark SEA & SKI
Goods and Services IC 003. US 051. G & S: SUNTAN LOTIONS. FIRST USE: 19531204. FIRST USE IN COMMERCE: 19531204
Mark Drawing Code (1) TYPED DRAWING
Serial Number 72262354
Filing Date January 11, 1967
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition October 17, 1967
Registration Number 0841768
Registration Date January 2, 1968
Owner (REGISTRANT) SEA & SKI CORPORATION CORPORATION DELAWARE 975 TIMBER WAY, P.O. BOX 2837 RENO NEVADA 89505
(LAST LISTED OWNER) FAULDING HEALTHCARE (IP) HOLDINGS, INC. CORPORATION DELAWARE Underdale, 115 Sheriff Street South Australia 5041 AUSTRALIA

Assignment Recorded ASSIGNMENT RECORDED
Prior Registrations 0636263;0807614;AND OTHERS
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECTION 8(10-YR) 20080108.
Renewal 1ST RENEWAL 20080108
Live/Dead Indicator LIVE

C. Get Your Registration

If you would like more information about the registration of trademarks, esp. with respect to trademarks in the sun, sand and surf, we invite you to check out our Beach Trademarks Webpage at: www.BeachEsq.com

So get out there if you can. The water is still warm and beach weather is back at us. Grab your spf, beach towel, hat, bathing suit and some water to stay hydrated and get out there.

Until next time.....


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

Mammoth Mountain: Opening Day, Oct. 16, 2009 !

Dateline: Friday, October 16, 2009

The promise of "Free Skiing and Snowboarding" at Mammoth drew a crowd all right...

(Photo by Tim Gallagher. Chair #1 at MM at 9 a.m.)


(Photo by Will Maguire. Chair #1 at 1 p.m.)


Wow ! It was MADNESS ! It was OUT OF CONTROL ! It was the ROAD TRIP of the year for tweens and twentysomething snowboarders who drove to Mammoth, well, in droves. Arriving as early as 7 a.m. for the free day of skiing and snowboarding. And by sundown they were all gone and back on the road home. This we know because on Saturday, Oct. 17th, the crowd was down by 90 plus percent ! Just check out the following photo of Chair #1 at 10 a.m. on Sat., Oct. 17, 2009.

(Photo by Will Maguire.)
-------------------------

(And as previously posted on Oct. 14, 2009)

Wow ! As per the MM Facebook Fan Page today, 10.14.09: "Mammoth Mountain It's official - Mammoth Mountain will be opening this Friday, October 16th! 2nd earliest opening EVER!"




(Photo source: Mammoth Mountain.)

Trademark Significance: One of several U.S. Federal Trademark and Service marks owned by this Mountain Resort is the following multi-class composite (words and graphic elements) trademark and service mark.

Mark: "MAMMOTH MOUNTAIN CALIFORNIA (and design)"

(Source: www.uspto.gov)

Goods and Services: IC 025. US 022 039. G & S: Clothing, namely, t-shirts, [sweaters,] sweatshirts, hats, jackets, ski gloves, and turtleneck shirts. FIRST USE: 19530831. FIRST USE IN COMMERCE: 19530831

IC 028. US 022 023 038 050. G & S: Toys and sporting goods, namely, ski poles, goggles, stuff animals, board games, yo-yos, and Christmas tree decorations. FIRST USE: 19530831. FIRST USE IN COMMERCE: 19530831

IC 035. US 100 101 102. G & S: Retail store services in connection with ski equipment and ski apparel. FIRST USE: 19650000. FIRST USE IN COMMERCE: 19650000

IC 041. US 100 101 107. G & S: Recreational services, namely, downhill ski facilities, cross-country ski facilities and trails, snowmobiling facilities and trails, snow-shoeing trails, [equestrian facilities,] and golf course services. FIRST USE: 19781231. FIRST USE IN COMMERCE: 19781231

IC 042. US 100 101. G & S: Resort hotel and restaurant services.
FIRST USE: 19781231. FIRST USE IN COMMERCE: 19781231
Mark Drawing Code: (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Serial Number: 76140275 Filing Date: October 2, 2000
Current Filing Basis: 1A Original Filing Basis: 1A
Published for Opposition: March 11, 2003
Registration Number: 2720400 Registration Date: June 3, 2003
Owner (REGISTRANT) Mammoth Mountain Ski Area CORPORATION CALIFORNIA P.O. Box 24 Mammoth Lakes CALIFORNIA 93546

(LAST LISTED OWNER) MAMMOTH MOUNTAIN SKI AREA, LLC LIMITED LIABILITY COMPANY DELAWARE 1 MINARET ROAD MAMMOTH LAKES CALIFORNIA 93546
Assignment Recorded ASSIGNMENT RECORDED

Prior Registrations 1939530
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MAMMOTH MOUNTAIN CALIFORNIA" APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE

So get your boards, skis, boots and gear ready !

The following photos are a few of this season's offerings in alpine all mountain shaped skis from the likes of famous Ski Companies like ROSSIGNOL® and NORDICA® observed by the undersigned recently at the grand opening last weekend in Santa Monica of the new location of Doc's Ski Haus.




Trademark Significance. In the case of ROSSIGNOL®, here is just one active U.S. Federal Trademark Registration for skis from the TESS database online at the U.S. Patent and Trademark Office, which reinforces the industry recognition of the value of having a presumptively valid and now incontestable trademark registration to protect this famous brand:

Word Mark: ROSSIGNOL
Translations: "ROSSIGNOL" IS A FRENCH WORD FOR "NIGHTINGALE."
Goods and Services: IC 028. US 022. G & S: SNOW SKIS AND DETACHABLE PARTS AND ACCESSORIES THEREFOR-NAMELY, BINDINGS, METAL EDGES, ANTI-SLIP SEALSKINS AND PLUSHBANDS, SKI POLES, AND DISCS FOR SKI POLES.
FIRST USE: 19370700. FIRST USE IN COMMERCE: 19671000
Mark Drawing Code (1) TYPED DRAWING
Serial Number 72400164 Filing Date: August 13, 1971
Current Filing Basis 1A Original Filing Basis 1A
Registration Number: 0954365 Registration Date: March 6, 1973
Owner (REGISTRANT) SKIS ROSSIGNOL S.A. CLUB ROSSIGNOL S.A. CORPORATION FRANCE VOIRON (ISERE) FRANCE

(LAST LISTED OWNER) ROSSIGNOL SKI COMPANY, INC. CORPORATION BY ASSIGNMENT DELAWARE 426 INDUSTRIAL AVE. WILLISTON VERMONT 05495. ASSIGNMENT RECORDED

Prior Registrations 0887443
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20030331.
Renewal 2ND RENEWAL 20030331


And below, two shots of the new PROPHET™ 100 "Freeride" skis for this season. Yours for only $649!



The Prophet 100 is described by its maker as follows: "The 100 has power, stability and even the float of a big mountain ski yet maintains the precision, agility and responsiveness of a carving ski. The result is versatility like no other ski in it’s class which has earned it top awards from magazine product tests around the world." http://lineskis.com/skis/prophet-100

For more information about winter trademarks, we invite you to visit our webpage,
www.SnowEsq.com

Have fun this winter and don't forget to always wear a helmet (aka, brain bucket)!




Will Maguire,
www.TrademarkEsq.com
***** ***** ***** ***** *****