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	800º 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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From Silicon Valley to Venice...

Venice Beach

From Silicon Valley to Venice...

That's going to mean less REI and alot more QUIKSILVER...

Look who has exited Google for Venice, Calif. based SnapChat and, no doubt, more money and stock...

Per WSJ, "Peter Magnusson, a former engineering director at Google, has joined the Los Angeles startup as a vice president of engineering."

    http://blogs.wsj.com/digits/2014/02/18/snapchat-poaches-google-veteran-in-engineering-push/

In case Mr. Magnusson is listening, below is a link to our trademark article about the beach that will get you up to speed on the brands you are going to see more of now that you are going to be living in So. California.

AT THE BEACH:  A Primer on the Selection and Clearance of Trademarks

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

Be sure to check out Groundwork Coffee on Westminster just off the Venice Boardwalk...

      http://www.groundworkcoffee.com/pages/venice-on-the-boardwalk

Venice Boardwalk

Congratulations on your new position with SnapChat. Good luck and best wishes!  And don't forget to start using sunscreen!

(Photos by & Copyright William Maguire 2013/14).
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Respectfully submitted,


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

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Facebook + WhatsApp: The Marriage...

(Image property of Facebook. Used here as a "Fair Use".)

How much?!...

Feb. 19, 2014

FACEBOOK announces acquisition of WhatsApp for $19B.... BILLION!!! 

FYI:  "WhatsApp launched in 2009 with the right focus on a lean, clean, and fast mobile messaging app." (*TechCrunch).

(Image property of WhatsApp, er, Facebook. Used here as a "Fair Use".)

And wouldn't you know it but WhatsApp has a couple of trademark and service mark registrations for WHATSAPP, as follows (per the USPTO's TESS database at uspto.gov):

Word Mark    WHATSAPP
Goods and Services    IC 042. US 100 101. G & S: Application service provider, namely, providing, hosting, managing, developing, and maintaining applications, software, web sites, and databases in the fields of personal productivity, wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices. FIRST USE: 20090224. FIRST USE IN COMMERCE: 20090224
Standard Characters Claimed   
Mark Drawing Code    (4) STANDARD CHARACTER MARK
Serial Number    77703877
Filing Date    April 1, 2009
Current Basis    1A
Original Filing Basis    1A
Published for Opposition     January 18, 2011
Registration Number    3939463
Registration Date    April 5, 2011
Owner    (REGISTRANT) WhatsApp Inc. CORPORATION CALIFORNIA 3561 Homestead Road, #416 Santa Clara CALIFORNIA 95051

and

Word Mark    WHATSAPP
Goods and Services    IC 009. US 021 023 026 036 038. G & S: Downloadable software, namely, instant messaging software, file sharing software, communications software for electronically exchanging data, audio, video images and graphics via computer, mobile, wireless, telecommunications networks and downloadable computer software for processing images, graphics, audio, video, and text. FIRST USE: 20090910. FIRST USE IN COMMERCE: 20090910
IC 038. US 100 101 104. G & S: Telecommunication services, namely, data transmission and reception services via telecommunication networks; electronic exchange of voice, data, audio, video, text and graphics accessible via computer and telecommunications networks; instant messaging services; mobile phone communication services. FIRST USE: 20090910. FIRST USE IN COMMERCE: 20090910

Standard Characters Claimed   
Mark Drawing Code    (4) STANDARD CHARACTER MARK
Serial Number    85326910
Filing Date    May 22, 2011
Current Basis    1A
Original Filing Basis    1A
Published for Opposition     October 25, 2011
Registration Number    4083272
International Registration Number    1085539
Registration Date    January 10, 2012
Owner    (REGISTRANT) WhatsApp Inc. CORPORATION CALIFORNIA #416 3561 Homestead Road Santa Clara CALIFORNIA 950515161

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So next time you are thinking what your company is worth... don't forget your trademark and/or service mark rights, eh?!...

Comment:  Intellectual Property rights are certainly the core of this acquisition. Such i.p. rights have been fundamental to the successful expansion of this company's services.  In this regard,
TechCrunch has published an article online about the market penetration, esp. in Europe and Emerging markets, of WhatsApp:

    http://techcrunch.com/2014/02/19/facebook-whatsapp/

Other resource information (URL's cited; copy and paste into your browser to view):

http://www.forbes.com/sites/briansolomon/2014/02/19/stunner-facebook-to-buy-whatsapp-for-16-billion-in-cash-stock/

http://techcrunch.com/2014/02/19/facebooks-19-billion-whatsapp-acquisition-contextualized/?utm_campaign=fb&ncid=fb

http://www.latimes.com/business/technology/la-fi-tn-facebook-buys-whatsapp-mobile-messaging-20140219,0,7246364.story#axzz2toUziGXe

http://techcrunch.com/2014/02/19/facebook-falls-5-in-after-hours-trading-after-announcing-16b-cash-and-stock-to-buy-chat-app-whatsapp/?utm_campaign=fb&ncid=fb

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Respectfully submitted,


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

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2014: Trademarks On The Snow...

ARMADA® snow skis. Photo © by Will Maguire 2014.

Ever wondered about the brand names and trademarks you see out there on the ski slopes?...  Here are just a few of them... 

Helmet by BURTON®; Goggles by GRENADE®; Jacket by QUIKSILVER®

Wool beanie featuring the "T-Star" logo/design by Tribal Streetwear, Inc.

Cup of Coffee & Glazed Twist Doughnut by Mammoth Mountain

"Wall Street"... as it should be... at Mammoth Mountain

If you are selling products for use on the snow, don't forget to look after your intellectual property rights, including trademarks and copyrights. Interested in more information on trademarks on the snow, please have a look at our earlier blog post from this past November 2013:

      http://trademarkesq.blogspot.com/2013/11/trademarks-on-snow.html

Respectfully submitted,

William E. Maguire

LAW OFFICES OF WILLIAM E. MAGUIRE

Santa Monica, California

www.TrademarkEsq.com

(All photos by & Copyright Will Maguire 2014.)

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The Use of A Registered Trademark for Heroin...

Heroin labeled as "Theraflu".  Photo source:  Allegheny County Medical Examiner’s Office;  x-ref:  http://pittsburgh.cbslocal.com/2014/01/30/2-arrested-in-connection-with-theraflu-heroin/

The recent spate of overdose deaths from the use of a tainted strain of heroin labeled as "Theraflu" have been horrific.  The additional death this past weekend of Academy Award winning actor, Philip Seymour Hoffman, from a heroin overdose adds an even more ominous tone to this unfortunate ongoing storyline.

A separate issue from a trademark perspective concerns the use by the purveyors of the tainted heroin labeled as "Theraflu" and the fact that this is also the brand name and registered U.S. Federal Trademark owned by Novartis for cold medicine, namely, THERAFLU®.

Above is the official Theraflu® logo belonging to Novartis for its cough and cold medicine; Used here as a fair use for scholarly and academic purposes.  The Theraflu logo and trademark are the property of Novartis AG Corp.

Below is partial extract of the current USPTO "TESS" record of this trademark registration:

Word Mark    THERAFLU
Goods and Services    IC 005. COUGH AND COLD PREPARATION. FIRST USE: 19861030. FIRST USE IN COMMERCE: 19861030
Mark Drawing Code    (1) TYPED DRAWING
Serial Number    73637147
Filing Date    December 24, 1986

Published for Opposition     May 26, 1987
Registration Number    1452879
Registration Date    August 18, 1987
Owner    (REGISTRANT) SANDOZ PHARMACEUTICALS CORPORATION CORPORATION DELAWARE 59 ROUTE 10 E. HANOVER NEW JERSEY 07936
(LAST LISTED OWNER) NOVARTIS AG CORPORATION SWITZERLAND CH 4002 BASEL SWITZERLAND

Assignment Recorded    ASSIGNMENT RECORDED

Type of Mark    TRADEMARK
Register    PRINCIPAL
Affidavit Text    SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20070911.
Renewal    1ST RENEWAL 20070911
Live/Dead Indicator    LIVE

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A January 30, 2014, article published by the CBS affiliate in Pittsburth, PA, at:

     http://pittsburgh.cbslocal.com/2014/01/30/2-arrested-in-connection-with-theraflu-heroin/

indicates that there have been 22 deaths to date due to overdoses of the Theraflu fentanyl-laced heroin.  This underscores the seriousness of this epidemic of drug overdoses, which may well continue until word gets out on the street and the media as to this insidiously poisonous strain of heroin.  Fentanyl, a prescription painkiller, is said by itself to be 70 to 100 times more powerful than morphine.

On the other hand, what is going on in the mind of the consumer of cold medicine that seeks relief from the common cold and the seasonal flu and who might otherwise select the authentic Novartis owned cold remedy, THERAFLU®?  Will there be confusion?  Perhaps amongst some people there could be.  And what of the disparagement of the brand and the trademark?  The packaging and distribution of a killer strain of heroin by the same name cannot be good for the brand owned by Novartis.  Novartis even owns the internet domain name registration for Theraflu.com and has a whole website devoted to this product:

     http://www.theraflu.com/index.shtml

It is one thing to be able to target a known counterfeiter but the successful effort to eradicate a scourge such as this deadly strain of heroin is going to require the combined efforts of Federal and State resources and law enforcement, the media, as well as the efforts of Novartis in terms of its legal remedies and public relations strategy.

There is also little doubt that the use of Theraflu as the name for this lethal strain of heroin has already tarnished and is going to continue to negatively impact the Novartis brand and trademark, THERAFLU®.  The financial fallout and negative impact on the brand value of THEAFLU® is likely going to depend on how long this illegal strain of heroin continues to be distributed on the black market.

As this story develops, we shall endeavor to include links to media and other public information that is posted online.

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Additional Links/Comments:

•  The Brutal Business Of Heroin Brings Wave Of Overdoses In Pa.

http://www.npr.org/2014/02/02/270640525/the-brutal-business-of-heroin-brings-wave-of-overdoses-in-pa?utm_content=buffer7fb69&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

excerpt:

RATH: That's Dr. Neil Capretto. He's the medical director at the Gateway Rehabilitation Center in Pittsburgh. He says dealers have stamped the drug with a street name Theraflu. Dr. Capretto says that is no accident.

CAPRETTO: Well, what does the product Theraflu treat? Flu symptoms, cold symptoms. What does going through opium or heroin withdrawal feel like? It feels like a very bad case of the flu multiplied times 10. They call it dope sickness. So it's basically marketing. We will treat your withdrawal symptoms if you're, quote, "dope sick" with this Theraflu.

(excerpted for fair use purposes only)

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•  Theraflu - From Wikipedia, the free encyclopedia

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

excerpt:

Misuse of name

In 2014, several people in Pennsylvania died after overdosing on a mixture of heroin and fentanyl, 2 powerful narcotics that had been mislabeled (on the street) as "Theraflu."

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Respectfully submitted,

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

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