When It's This Bright Outside, You Gotta Wear Shades!

Protect your eyes. Protect your trademark.  I wear this pair of PERSOL® sunglasses below to avoid the glare of the sun and to protect my eyes from sun damage.

This pair of PERSOL® sunglasses above sports the famous design trademark on the frame and attaches to the lenses, in addition to its word mark (Persol).  Both the design mark and the word mark are registered with the U.S. Patent and Trademark Office.  Owned by the Luxottica Group, this is what the drawing of this design mark looks like (below) as set forth at uspto.gov in the "TESS" database:

Goods and Services	IC 009. EYEGLASSES, SUNGLASSES [, EYEGLASS LENSES, EYEGLASS FRAMES, EYE SHADES AND PROTECTIVE GOGGLES ]. FIRST USE: 19770900. FIRST USE IN COMMERCE: 19841200
Mark Drawing Code	(2) DESIGN ONLY
Design Search Code	26.11.28 - Miscellaneous designs with overall rectangular shape; Rectangular shapes (miscellaneous overall shape)
Serial Number	73771094
Filing Date	December 21, 1988
Current Basis	1A;44E
Original Filing Basis	1A;44E
Published for Opposition	September 26, 1989
Registration Number	1571656
Registration Date	December 19, 1989
Owner	(REGISTRANT) GIUSEPPE RATTI INDUSTRIA OTTICA S.P.A. JOINT STOCK COMPANY ITALY LUNGODORA FIRENZE 119 TORINO ITALY(LAST LISTED OWNER) LUXOTTICA GROUP S.P.A. CORPORATION VIA CESARE CANTU, 2 20123 MILAN (MI) ITALY
Assignment Recorded	ASSIGNMENT RECORDED
Prior Registrations	1455030
Type of Mark	TRADEMARK
Register	PRINCIPAL
Affidavit Text	SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20100130.
Renewal	2ND RENEWAL 20100130

June 27th is "National Sunglasses Day!"

Prada, Hobie, Electric, SPY, Ray-Ban, Persol... All Famous Brand names protected by trademark registrations.  What we see here in the stylized photo above, however, is a design mark that is a trademark of the Persol eyewear and which is placed on the eyeglass frames adjacent to the lenses and typically offset the dominant color of the frames with the design mark typically in the metallic shade of silver.

In addition to other design marks, the owner of the Persol line of sunglasses, eyewear, and eyeglass frames, etc., is the following U.S. trademark registration (as shown in the edited TESS record below available at www.uspto.gov):

Goods and Services	IC 009.  EYEGLASS FRAMES. FIRST USE: 19660203. FIRST USE IN COMMERCE: 19750000
Mark Drawing Code	(2) DESIGN ONLY
Design Search Code	16.03.07 - Eyeglasses; Frames, eyeglass; Glasses, eye; Glasses, safety; Goggles; Safety goggles; Spectacles; Sunglasses 26.15.02 - Plain single or multiple line polygons; Polygons (plain, single line)
Serial Number	73635200
Filing Date	December 12, 1986
Published for Opposition	June 9, 1987
Registration Number	1455030
Registration Date	September 1, 1987
Owner	(REGISTRANT) GIUSEPPE RATTI INDUSTRIA OTTICA S.P.A. DBA RATTI INDUSTRIA OTTICA JOINT STOCK COMPANY ITALY LUNGODORA FIRENZE, 119 TORINO ITALY(LAST LISTED OWNER) LUXOTTICA GROUP S.P.A. CORPORATION VIA CESARE CANTU, 2 20123 MILAN (MI) ITALY
Assignment Recorded	ASSIGNMENT RECORDED
Type of Mark	TRADEMARK
Register	PRINCIPAL
Affidavit Text	SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20070823.
Renewal	1ST RENEWAL 20070823
Live/Dead Indicator	LIVE

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And considering the gigantic list of registrations in the name of this Registrant, its future looks bright and their customers will surely continue to wear shades.

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

http://www.TrademarkEsq.com

Respectfully submitted,


William E. Maguire, Esq.
LAW OFFICES OF WILLIAM E. MAGUIRE
Los Angeles, Calif.

www.tmesq.com

High Brow Trademarks...

University of Kentucky Basketball Star and perhaps Pick #1 in the upcoming 2012 NBA Draft, Anthony Davis, Trademarks His Brow.

Anthony Davis Trademarks His Brow

By: Darren Rovell
CNBC Sports Business Reporter

http://www.cnbc.com/id/47951613

"excerpt": 

Davis, known for his connected eyebrows, trademarked the phrases “Fear The Brow” and “Raise The Brow” earlier this month.

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But get this, a savvy sports enterprise, BlueZone, LLC, in Kentucky filed for this same application before Anthony Davis.  Check this out:

Word Mark:  FEAR THE BROW
Goods and Services International Class (IC) 025. Clothing, namely, footwear, headwear, tops, bottoms, shirts, pants, t-shirts, hooded sweat shirts, sweat pants, sweat shirts, and sweats. FIRST USE: 20111104. FIRST USE IN COMMERCE: 20111104 Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85477805 Filing Date November 21, 2011 Current Basis 1A Original Filing Basis 1A Owner (APPLICANT) BlueZone, LLC LIMITED LIABILITY COMPANY KENTUCKY 2573 Richmond Road, Suite 320 Lexington KENTUCKY 40509 Attorney of Record John Salcido Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE

Anthony Davis only just filed for this same trademark on June 5, 2012, as follows:

Word Mark:  FEAR THE BROW
Goods and Services IC 003. After-shave; Cosmetics; Deodorants and antiperspirants; Fragrances; Hair care preparations; Non-medicated skin care preparations; Perfumes, aftershaves and colognes; Shaving preparations; Skin cleansers; Skin lotions; Soaps for body care

IC 016. Book covers; Books in the field of sports; Bumper stickers; Calendars; Decals; Document covers; Events albums; Facial tissue; Ink pens; Lunch bags; Memo pads; Napkin paper; Newsletters in the field of sports; Note cards; Note pads; Paper pennants; Pencils; Posters; Publications, namely, brochures, booklets and teaching materials in the fields of sports; Sports trading cards; Stationery; Stickers; Unmounted and mounted photographs; Wrapping paper

IC 021. Aluminum water bottles sold empty; Bottle openers; Bottles, sold empty; Bowls; Combs; Containers for household or kitchen use; Cups; Insulating sleeve holder for bottles; Insulating sleeve holders for beverage cans; Lunch boxes; Mugs; Plastic water bottles sold empty; Portable coolers; Waste baskets

IC 025.  Belts; Cloth bibs; Coats; Footwear; Hats; Headbands; Hosiery; Jackets; Jerseys; Night shirts; Pajamas; Pants; Parkas; Rugby shirts; Shorts; Sport shirts; Sweat pants; Sweat shirts; Sweaters; T-shirts; Tank tops; Warm-up suits; Wrist bands

IC 035.  Charitable services, namely, organizing and conducting volunteer programs and community service projects; Endorsement services, namely, promoting the goods and services of others; On-line retail gift shops; Producing promotional videotapes, video discs, and audio visual recordings

IC 041.  Entertainment services, namely, participation in basketball; Entertainment services, namely, personal appearances by a sports celebrity; Providing a web site featuring sporting information; Providing a website featuring information relating to the sport of basketball; Providing news and information in the field of sports; Sport camps; Sports training services

Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85643417 Filing Date June 5, 2012 Current Basis 1B Original Filing Basis 1B Owner (APPLICANT) Anthony Marshon Davis, Jr. INDIVIDUAL UNITED STATES 6559 S. Sangamon Chicago ILLINOIS 60621 Attorney of Record C. Brandon Browning Type of Mark TRADEMARK. SERVICE MARK Register PRINCIPAL Live/Dead Indicator LIVE

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Separately, the additional trademark application filed by Anthony Davis for RAISE THE BROW below, does not appear to have been filed by anyone else to date. 

Word Mark RAISE THE BROW Goods and Services IC 003. US 001 004 006 050 051 052. G & S: Aftershave; Cosmetics; Deodorants and antiperspirants; Fragrances; Hair care preparations; Non-medicated skin care preparations; Perfumes, aftershaves and colognes; Shaving preparations; Skin cleansers; Skin lotion; Soaps for body care

IC 016. Book covers; Books in the field of sports; Bumper stickers; Calendars; Decals; Document covers; Event albums; Facial tissue; Ink pens; Lunch bags; Memo pads; Mounted and unmounted photographs; Newsletters in the field of sports; Note cards; Note pads; Paper pennants; Pencils; Posters; Publications, namely, brochures, booklets, and teaching materials in the field of sports; Sports trading cards; Stationery; Stickers; Wrapping paper

IC 021.  Aluminum water bottles sold empty; Bottle openers; Bottles, sold empty; Bowls; Combs; Containers for household or kitchen use; Cups; Insulating sleeve holder for bottles; Insulating sleeve holders for beverage cans; Lunch boxes; Mugs; Plastic water bottles sold empty; Portable coolers; Waste baskets

IC 025.  Belts; Cloth bibs; Coats; Footwear; Hats; Headbands; Jackets; Jerseys; Night shirts; Pajamas; Pants; Parkas; Rugby shirts; Shorts; Sports shirts; Sweat pants; Sweaters; Sweatshirts; T-shirts; Tank tops; Warm-up suits; Wristbands

IC 035.  Charitable services, namely, organizing and conducting volunteer programs and community service projects; Endorsement services, namely, promoting the goods and services of others; On-line retail gift shops; Producing promotional videotapes, video discs, and audio visual recordings

IC 041.  Entertainment services, namely, participation in basketball; Entertainment services, namely, personal appearances by a sports celebrity; Providing a web site featuring sporting information; Providing a website featuring information relating to the sport of basketball; Providing news and information in the field of sports; Sport camps; Sports training services

Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85642988 Filing Date June 4, 2012 Current Basis 1B Original Filing Basis 1B Owner (APPLICANT) Anthony Marshon Davis, Jr. INDIVIDUAL UNITED STATES 6559 S. Sangamon Chicago ILLINOIS 60621 Attorney of Record C. Brandon Browning Type of Mark TRADEMARK. SERVICE MARK Register PRINCIPAL Live/Dead Indicator LIVE

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Comments:  It seems likely that the interloper/enterprising third party, BlueZone, LLC, will eventually abandon its registration efforts.  The mark filed by BlueZone would appear to raise issues of both trademark infringement and rights of publicity owing to its design element of the Anthony Davis 'unibrow' that he is already well known to have on his head.

Both parties may call time out to discuss an amicable resolution and it would not surprise us if BlueZone seeks a license in exchange for its agreement to abandon its registration efforts.

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

http://www.TrademarkEsq.com

Until next time.....


William E. Maguire, Esq.
Los Angeles, Calif.

Summer 2012: Trademarks in the Sun, Sand & Surf!

Summer is here!  Are your trademarks registered?  Check out our article on the basics of trademark selection, clearance and registration:

http://trademarkesq.com/pages/article9.php

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

http://www.TrademarkEsq.com

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Until next time.....

William E. Maguire
TMESQ.com