Friday, October 23, 2015

Made In Cuba: Art, Bottle Caps & Trademarks...

Currently, there is an art exhibit featuring Cuban Artists at the Santa Monica Art Studios entitled, "Made In Cuba! Recycling Memory and Culture"...  I read about it earlier this week in the Santa Monica Daily Press (see below):

SMDP, 10.21.2015, page 3, article by Charles Andrews)





note:  The exhibition continues Wed-Sat, Noon-6PM through Nov. 21, 2015... so get there soon or you will miss it!


Among the artwork in this exhibit is one of two mixed media displays that feature bottle caps and labels of a Cuban beer, namely, Bucanero. x-ref:  http://www.cerveceriabucanero.com/english.php


(Source: Made in Cuba art show; Artist: Joel Jover, a well-known artist from Cameguay;
Thumbnail photo included here as "fair use" for academic purposes regarding trademarks.)
Trademarks...

Bucanero is a trademark for beer in Cuba.  For obvious reasons because of the longstanding embargo by the U.S., this beer is not available in the U.S.  Perhaps that will change with the relations between the U.S. and Cuba being normalized by the Obama Administration recently.

Some searches on the web, however, reveal some trademark disputes involving this brand name in the U.S. where it is sold under the name, Cubanero.

     excerpt:  "Brewed at the Bucanero Brewery, Holguin, and sold elsewhere as Bucanero, however due to trademark difficulties it is sold in the UK under the Cubanero Fuerte Label."

     http://www.thedrinkshop.com/products/nlpdetail.php?prodid=4401 

note: I am informed that Holguin is an area of Cuba known for its exceptional fresh water.

Additionally, a USPTO "TESS" Search reveals a beer registration in the U.S. for Bucanero owned by a Canadian company, as follows:

Word Mark BUCANERO
Translations The English translation of BUCANERO in the mark is BUCCANEER.
Goods and Services IC 032. US 045 046 048. G & S: Beer
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85739858
Filing Date September 27, 2012
Current Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) CERBUCO BREWING INC. CORPORATION CANADA 199 BAY ST., STE 2800 COMMERCE CT WEST TORONTO ONTARIO CANADA M5L1A9
Attorney of Record JEREMY M. ROE
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE
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Our web searches also revealed that Bucanero is made in Cuba in a joint venture between the Cuban government and the Canadian brewery, Labatts... and it turns out that the owner of the U.S. trademark, namely, Cerbuco Brewing Inc., is a subsidiary of Labatts...  x-ref:  http://www.luxner.com/cgi-bin/view_article.cgi?articleID=1076

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There you have it... or you might if you are lucky enough to visit Canada or Cuba...  Hopefully, we will get it together here in the U.S. so that the Canadians aren't the only ones smoking Cuban cigars and drinking Cuban beer or Cuban coffee for that matter... just sayin'...

Respectfully submitted,

William E. Maguire
www.TrademarkEsq.com

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Monday, October 19, 2015

Pizza and Trademarks.....


Pizza and Trademarks..... which is right up there with Donuts & Trademarks, after all.

When in Venice... California, check out Abbot Kinney Blvd. which cuts a diagonal path to the beach from Washington Blvd.   Acclaimed for its NY Style Slice Pizza is Abbot's Pizza... and as set forth below, they have the trademark to prove it!...

Abbot's Pizza Co., at far right



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Continuing Legal Education footnote...

Word Mark ABBOT'S PIZZA COMPANY
Goods and Services IC 043. US 100 101. G & S: Restaurant services; namely, pizza restaurants that serve food and drink. FIRST USE: 19950317. FIRST USE IN COMMERCE: 19950317
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85232389
Filing Date February 2, 2011




Published for Opposition June 7, 2011
Registration Number 4015985
Registration Date August 23, 2011
Owner (REGISTRANT) Abbot's Pizza Company LLC LIMITED LIABILITY COMPANY CALIFORNIA

Prior Registrations 2083893
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "PIZZA COMPANY" APART FROM THE MARK AS SHOWN
Type of Mark SERVICE MARK
Register PRINCIPAL

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Specimen showing use of the ABBOT'S PIZZA COMPANY service mark; Source: www.uspto.gov

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Respectfully submitted,


William Maguire
www.TrademarkEsq.com

(All photos by & Copyright Will Maguire 2015.)

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BLUE STAR DONUTS

... the morning began with a voice mail message from a friend advising of a new Portland, OR based donut shop that had just opened on Abbot Kinney Blvd. in Venice, Calif!.. and that they were giving away FREE DONUTS until approx. 1 pm !!!  Adjusting my schedule... I proceeded to Venice post haste...

Blue Star Donuts Reconn...





And the winner is... REAL MAPLE BACON!...


Many Thanks to my friend who shall remain nameless and who made two disclaimers that she is "not a donut person"...  yeah, right!...  :-)

Topped it off with a Iced Vanilla Latte at the nearby TOMS (shoes) ROASTING CO. ... which is apparently the "millennial hang out" where you can get a latte, sunglasses, shoes, a t-shirt and wifi...


Abbot Kinney is worth a visit as it has lots of shops and cafes... plus a new donut shop!  :-)




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***  Continuing Legal Education Footnote...

And showing its business savvy, the owner of BLUE STAR DONUTS has a U.S. Federal Servicemark Registration, as follows:

Word Mark BLUE STAR DONUTS
Goods and Services IC 043. US 100 101. G & S: Doughnut shops in the nature of a restaurant. FIRST USE: 20121205. FIRST USE IN COMMERCE: 20121205


Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 86743943
Filing Date September 1, 2015
Current Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Blue Star Doughnuts LLC LIMITED LIABILITY COMPANY OREGON #2013 430 SW 13th Portland OREGON 97205


Type of Mark SERVICE MARK
Register PRINCIPAL

(source: www.uspto.gov "TESS" database)

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Additionally, below is the specimen submitted with the underlying application that shows use of the mark in commerce:


 (source: www.uspto.gov "TSDR" database)

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Respectfully submitted,

William Maguire
www.TrademarkEsq.com

(All photos by & Copyright Will Maguire 2015.)

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