Wednesday, January 29, 2014

Bicycles and Surfboards...

Photo © Will Maguire 2014.

Dateline: Wednesday morning, January 29, 2014 at approx. 9:30 a.m. on Ocean Avenue in Santa Monica, Calif., just south of the pier...  With the cold weather back east we can rest assured that they are not riding their bikes to the beach in the morning in a t-shirt and shorts while cradling their surfboard on the side mount rack... as shown above, which was observed this morning on the way to the office.

Bicycles are goods in commerce that are identified by brand names and protected by trademarks.  These can, of course, be registered with the U.S. Patent and Trademark Office (USPTO) in International Class #12.  Some examples includes Schwinn®, Cannondale®, and Trek®. 

Surfboards can also be registered and are found in Intl. Class #28 with other sporting goods. Some noteworthy examples of brand names and trademarks for surfboards include: Rip Curl®, Channel Islands®, and Lost®.

For a quick and easy read on the basics of Trademarks, have a look at the following article on our website:

At The Beach: A Primer On the Selection, Clearance and Registration of Trademarks


Respectfully submitted,

William E. Maguire
Santa Monica, Calif.

***   ***   ***

Wednesday, January 22, 2014

Before the fog rolled in.....

It was nice and clear and warm when we stopped for a late lunch around 2:30 pm - 3 pm. The coast was clear... though we spotted a fog bank off of Malibu.  Then around 5 pm, dense fog rolled into Santa Monica... Have a look.

The Third St. Promenade at 2:40 pm...

At approx. 3 pm, the coast is clear!...  In the distance below, however, you can see the fog bank along the coastline of Malibu...

Avoid 5th St. and Colorado Ave. in Santa Monica.... in background below... it's closed due to construction... it's a mess!

Santa Monica Fire Dept... on Broadway...

Gotta love all them stickers!...

And then the dense fog rolled in around 5 pm.....  Downtown Santa Monica shown at right below at corner of 5th and Broadway with the roof of apparel retailer, Fred Segal, in the foreground.

Be careful out there if you are in Santa Monica due to the fog.....

(All photos by & Copyright Will Maguire 2014.)

Respectfully submitted,

William E. Maguire
Santa Monica, Calif.

***   ***   ***

Tuesday, January 21, 2014

520 Broadway... sneak peak!

An extensive remodel of the office building where our office is located has been ongoing for many months and the light at the end of the tunnel has just been glimpsed for the first time!  The outdoor lobby is shown immediately below where a new restaurant and patio will be taking shape in the next couple of months.

And after we snapped that quick spy photo above we took a coffee break at the local Starbucks®, a registered trademark and service mark...

Stay tuned for more exciting news from Downtown Santa Monica (aka, DSM).

Kind regards,

William Maguire
Santa Monica, Calif.

520 Broadway Walled Off In the Late Afternoon....

***   ***   ***

Friday, January 17, 2014

This Afternoon... Out and about.....

Friday Afternoon By The Shore...
Late lunch in downtown Santa Monica... around 2:30 pm and the SUN is OUT "BIG TIME!"... This time of year the sun sets directly in front of the beach facing streets!  You gotta wear shades.  Take a stroll with us and check out some of the trademarks we saw along the way...

Into the Sun!  Santa Monica Blvd., just east of 4th St... at 2:30 pm.
4th St. and Santa Monica Blvd.
Sunglasses and a hat can barely cut the glare...
One more block to go to Ocean Ave...
The Pacific Ocean from the bluffs to the west of Santa Monica Blvd.
Starline Tours... en route along Ocean Ave.
The Santa Monica Pier. Check out the circus tents of Cirque du Soleil which opens tonite...

The California Highway Patrol (CHP) staying busy... on PCH.

Over the shoulder shot on the way back to the office... at 2nd St. and Broadway.

The world famous Nike "swoosh" logo/trademark
LOUIS VUITTON®... a trademark and a service mark
An old coffee can, this trademark was originally registered in 1954 (which has since expired for reasons unknown); there is a new registration dated from the year 1996, however. Coffee is registrable in International Class #30.
The bookshelf at GROUNDWORK® Coffee at Santa Monica Place
Friday afternoon snack... Coffee by "Groundwork". Cookie by "The Curious Palate".
note:  GROUNDWORK® registered in Class #30 for coffee and tea; as well as in Class #35 for retail services.


We hope you all have a nice weekend wherever you are.

(All photos by & Copyright Will Maguire 2014).
Respectfully submitted,

William E. Maguire
Santa Monica, Calif.
***   ***   ***

Out and about.....

Friday morning around 10 a.m.....  70 degrees Fahrenheit at the beach and 77 degrees up at Wilshire and 16th St. a few minutes later..... It's going to be another warm day in Southern California.

Lots of trademarks out and about on our way to the office... have a look below...

Bicycles are trademarks that can be registered in International Class #12
These ladies are wearing footwear that can be registered as trademarks in Intl. Class #25
This pedestrian above PCH is wearing a hat that is also in Class #25
Helmets are in Class #9, backpacks are in Class #18, and motorcycles are in Class #12
STAPLES®... retail services in Class #35
Car gas cap,... how about Class #12
Wax On Wax Off...   :-)

note:  Fire Trucks are in Class#9, but "Fire and rescue vehicle in the nature of a truck for carrying an on-board electrical generator" are in Class #12
Lots of construction going on at 6th and Broadway in Santa Monica...

note: Building construction services are registrable in Class 37
Corvette, Class #12
Trademarks can be registered here... at my office.

note:  Legal services are currently registrable in Class#45.  For example, TMESQ®, is registered for legal services, although at the time of registration of this mark legal services were in Class #42.

Do you have questions about trademarks?  Have a look at the articles posted on our website (please see the link below).  We offer full service in terms of trademark selection, clearance and registration.  

We won't abandon you after preparing your trademark documents like the notoriously cheap online trademark filing services that are not licensed to practice law.  

Respectfully submitted,

William E. Maguire
Santa Monica, California

Trademarks • Copyrights • Licensing

***   ***   ***

Friday, January 10, 2014

Ninth Circuit Buzzkill !...

Inhale, Inc. v. Starbuzz Tobacco, Inc. (U.S. Court of Appeals, Ninth Circuit, Filed Jan. 9, 2014; CIte as 2014 DJDAR 281).

The Ninth Circuit just told the Plaintiff-Appellant, Inhale, Inc., to put that in their pipe and smoke it, in affirming the District Court's ruling affirming summary judgment in favor of the Defendant-Appellee, Stabuzz Tobacco, Inc., and agreeing that the shape of a hookah water pipe-container is not copyrightable.

Per the 9th Circuit opinion, "The parties agree that Inhale's hookah water container is a "useful article".  Additionally, the court stated, "As 'the design of a useful article,' the shape of the container is copyrightable 'only if, and only to the extent, it incorporates... sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the' container."  This statutory standard is satisfied by either physical or conceptual separability and because Inhale did not claim physical separability, the court considered only conceptual separability in its review.

The 9th Circuit concluded that "The shape of a container is not independent of the container's utilitarian function - to hold the contents within its shape - because the shape accomplishes the function."

Finally, the 9th Circuit indicated that the District Court also exercised its discretion properly by awarding the Defendant-Appellee, Starbuzz Tobacco, its attorneys' fees.  Additionally, the 9th Circuit separately awarded to Starbuzz Tobacco its attorneys' fees for the defense of this appeal, in an amount to be determined by the district court. 

Talk about a total buzzkill?!...  AFFIRMED AND REMANDED.


Respectfully submitted,

William E. Maguire
Trademark • Copyright • Licensing

***   ***   ***

Monday, January 06, 2014

2014 Today!....

Just around and after 4 pm today in downtown Santa Monica, California... for a late lunch and stroll along the Third Street Promenade....

Fred Segal roofline....

5th St. & Santa Monica Blvd.

Clock Tower, 2nd block of Santa Monica Blvd.
One Palm....
Two Palms....
Broadway & 3rd St.
Catalina in the distance....
Happy New Year!....

William E. Maguire
Santa Monica, Calif.

***   ***   ***