TrademarkEsq: April 2014

Monday, April 28, 2014

Shelby Cobra Smack Down!

Surf City USA (aka, Huntington Beach, Calif).
Saturday, April 26, 2014

It was our good fortune to come across this spectacular event on Main St. at PCH this past Saturday morning when we arrived for a separate event. Just Amazing!

*** Video Alert ! ***

Surf Music & Shelby Cobras On Main Street: The Video

http://youtu.be/p-fvR3258Ok

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Continuing Legal Education segment:

Trademarks Discussed above include:

1. Surf City USA

Below is the USPTO "TESS" record of just one of numerous trademarks and servicemarks that have been registered by the Huntington Beach Conference and Visitors Bureau.

Word Mark	SURF CITY USA
Goods and Services	IC 041. US 100 101 107. G & S: organizing sporting events and exhibitions, namely, surfing competitions, fishing tournaments, marathons, live musical performances, and theater performances. FIRST USE: 20070320. FIRST USE IN COMMERCE: 20070320
Standard Characters Claimed
Mark Drawing Code	(4) STANDARD CHARACTER MARK
	LETTER-3-OR-MORE USA Combination of three or more letters as part of the mark
Serial Number	77356498
Filing Date	December 20, 2007
Current Basis	1A
Original Filing Basis	1A
Published for Opposition	November 25, 2008
Registration Number	3571430
Registration Date	February 10, 2009
Owner	(REGISTRANT) Huntington Beach Conference and Visitors Bureau CORPORATION CALIFORNIA 301 Main Street, Suite 208 Huntington Beach CALIFORNIA 926485171
Prior Registrations	3140635;3161067;3161068;AND OTHERS
Type of Mark	SERVICE MARK
Register	PRINCIPAL-2(F)
Live/Dead Indicator	LIVE

2. Shelby Cobra

Word Mark	SHELBY
Goods and Services	IC 012. US 019. G & S: AUTOMOBILES. FIRST USE: 19620202. FIRST USE IN COMMERCE: 19620202
Mark Drawing Code	(1) TYPED DRAWING
Serial Number	73731212
Filing Date	May 27, 1988
Current Basis	1A
Original Filing Basis	1A
Published for Opposition	February 14, 1989
Registration Number	1538090
International Registration Number	0905083
Registration Date	May 9, 1989
Owner	(REGISTRANT) SHELBY, CARROLL H. INDIVIDUAL UNITED STATES ONE SHELBY WAY MCKINNEY TEXAS 75069(LAST LISTED OWNER) CARROLL HALL SHELBY TRUST TRUST NOT PROVIDED 11150 WEST OLYMPIC BLVD SUITE 1050 LOS ANGELES CALIFORNIA 900641817
Assignment Recorded	ASSIGNMENT RECORDED

Prior Registrations	0864154;0864520
Type of Mark	TRADEMARK
Register	PRINCIPAL-2(F)
Affidavit Text	SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20091127.
Renewal	1ST RENEWAL 20091127
Live/Dead Indicator	LIVE

note: Additionally, the Trust owns two other U.S. Federal Trademark Registrations for automobiles for "SHELBY COBRA S/C" and "SHELBY SERIES 2." --- If you have any other questions about trademarks, we invite you to visit our website at: www.TrademarkEsq.com
Respectfully submitted,

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

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Thursday, April 17, 2014

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.