Friday, November 24, 2017

A Walk Along The Beach - Friday Afternoon, Nov. 24, 2017



Dateline:  Thanksgiving Weekend...  Friday afternoon, Nov. 24, 2017, a walk along the shoreline of Will Rogers State Beach in Pacific Palisades, Calif. heading toward the Santa Monica Pier and back...
Southern California is experiencing another heat wave and it is nearly 80 degrees on the beach with barely a stitch of wind!..

A large crowd of families enjoying the beach below at Santa Monica Lifeguard Tower #4 which is out front of the famed Annenberg Beach House...


#Trademarks in the sand...  a plastic label from a bottle of Heineken® beer, below...





Black Friday, indeed, at Tower #10, where some vandals have spray painted ugly grafitti on the shutters...


Stunning weather and beautiful skies overhead of Santa Monica State Beach...


Below, a pear shaped object... literally!


Broken glass found at the water's edge... and disposed of properly!


Will Rogers State Beach, below...







Respectfully submitted,

William Maguire,
Attorney at law
www.TrademarkEsq.com

(All photos by & Copyright William Maguire 2017.)

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Friday, October 27, 2017

Sunscreens, Brands & Trademarks


( Image Source:  https://www.bestreviews.guide )

With the “Indian Summer” upon us in Southern California and this week’s scalding heat wave…

x-ref: Game One, World Series at Dodger Stadium, October 24, 2017… at game time it was reported to be 103 Degrees Fahrenheit on the field at just past 5 pm!…

Sunscreen is still relevant in October in So. Cal. as a result thereof.  And as long as we are talking about sunscreen, we might as well look at the sunscreen brands noted and their attention to trademark protection.

I.  SUNSCREENS

Top 10 Sunscreens of 2017 | Best Reviews Guide 

II.  BRANDS & TRADEMARKS

•  BLUE LIZARD®

Among the U.S. trademark registrations listed on the USPTO Trademark Database for BLUE LIZARD includes the following listed goods:

Class #3:  cosmetics and skin care preparations, namely sun screens and skin moisturizing preparations being skin toners, skin cream, skin lotions; non-medicated topical sprays containing sun screens or skin moisturizing preparations, scalp conditioners, pre-moistened cosmetic wipes containing sun screen or skin moisturizing preparations; body balms; skin cleansers, namely body scrubs, shower gels, bath gels; body oils, lip balms, massage oils, skin and facial masques.
Class #5:  pharmaceutical preparations for the prevention of sun damage to skin.
Last Listed Owner: Crown Laboratories, Inc., a Tennessee corp.


•  AUSTRALIAN GOLD® (Unless otherwise noted, all of the registrations below are owned by the following corporate entity:

Last Listed Owner: Australian Gold, Inc., a Indiana corp.

(a)  Class #3:  SKIN CARE PREPARATIONS, NAMELY SUNTANNING AND MOISTURIZING CREAMS AND LOTIONS.

(b)  Class #3: SUN-SCREEN LOTION

(c)  Class #9:  optical goods, namely, thin film disks for protection of eyes from ultraviolet rays.

(d)  a multiple class trademark registration, including goods in the following classes:

Class #7:  Cosmetic spray tanning equipment, namely, power-operated spray guns. FIRST USE: 20050000. FIRST USE IN COMMERCE: 20050000
Class #11:  Tanning lamps. FIRST USE: 19990000. FIRST USE IN COMMERCE: 19990000
Class #16:  Printed materials, namely, paper signs, posters, forms and training cards featuring information on tanning products; dry erase writing boards; clipboards; general purpose plastic bags; ink pens. FIRST USE: 20040000. FIRST USE IN COMMERCE: 20040000
Class #18:  Carry-all bags with cinch straps; handbags; tote bags; cosmetic bags sold empty; luggage tags. FIRST USE: 20040000. FIRST USE IN COMMERCE: 20040000
Class #20:  Plastic banners; plastic signboards; display racks; plastic key chains; plastic clips for sealing bags; personal compact mirrors; lawn furniture. FIRST USE: 20040000. FIRST USE IN COMMERCE: 20040000
Class #21:  Cosmetic brushes; cups and tumbler beverageware; empty plastic water bottles; insulated sleeve holders for canned beverages and for sipper cups. FIRST USE: 20040000. FIRST USE IN COMMERCE: 20040000
Class #28:  Plush toys; beach balls; flying disks; inflatable float toys for recreational use.
note/comment:  This above-referenced multiple class trademark registration reveals that this trademark owner is establishing this brand as a lifestyle brand for the beach and outdoors.

(e)  Class #3: Cosmetics.

note: This final registration for cosmetics is interestingly owned by what appears to be an affiliated company, namely, Australian Gold, LLC, an Indiana LLC.


•  Elta MD®

(a)  "ELTA MD (and design)” (see stylized design below), in Class #3 for: Non-medicated skin care preparations.
(Image Source:  uspto.gov)

(b)  “ELTA MD (and design)” (same design as above), in Class #5 for:  Medicated skin care preparations.

Last Listed Owner of both of these above-referenced registrations is ELTA MD, Inc., a Texas corp.

note/comment:  This same Registrant has two additional pending trademark applications in “standard character format” for ELTA MD for the same goods referenced above in Classes #3 and #5.


•  Olay

Olay, as it turns out, is a HUGE BRAND owned by the conglomerate corporate entity, The Proctor & Gamble Company, an Ohio corp.

According to the active/live records results at uspto.gov, there are at least 33 trademarks, including at least one service mark, for OLAY in either standard character format or in stylized format, e.g., with a design/logo.

note/comment re the service mark registration for OLAY:

Class #35:  Providing an interactive website for users with specific informed recommendations of skin care products that are best suited to particular individuals based on skin analysis results. FIRST USE: 20120205. FIRST USE IN COMMERCE: 20120205
Class #44:  Cosmetic skin analysis services

Interestingly, none of the active OLAY trademark registrations are for “sunscreens” per se. Instead, the goods i.d. that apparently includes sunscreen is described by this Registrant as “non-medicated skin care preparations” in Class #3.

Indeed, one OLAY formative trademark for "OLAY 365 UV” (with UV disclaimed) is registered in Class #3 in this manner,  namely, as “non-medicated skin care preparations”.

Same thing for the separate pending trademark application for OLAY SUN.

Final Comment:  Of note, OLAY has apparently not yet been positioned as a broad lifestyle brand as noted above with respect to HAWAIIAN GOLD.

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In view of the summary nature of this blog post, as well as the breadth of content already discussed, we have decided not to discuss the balance of the sunscreens brands included in the Best Reviews Guide referenced above.

Clearly, each of the brands discussed have paid attention to detail and trademark protection in the form of U.S. Federal Trademark Registrations obtained.  This is not merely a coincidence.  Savvy brand owners are well versed in protecting their intellectual property and these brands are no exception.

Respectfully submitted,

William E. Maguire,
Attorney at law

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Monday, September 25, 2017

Trademarks at #AbbotKinneyFestival 2017




Dateline: Sunday, September 24, 2017 at the annual ABBOT KINNEY FESTIVAL, in Venice, Calif. This is the day that the whole street is shut down on Abbot Kinney Blvd. between Main St. and Venice Blvd.

Here are the photos I took of this great annual event... including some of the brands and trademarks on display.....


One of my favorite L.A. based food trucks is KOGI BBQ, and which also happens to own several registered service marks for KOGI for: "Mobile cafe services for providing food and drink", as well as for "catering services."








Below, a company with a stylized trademark, namely, ART LIFE®, that sells apparel, knick knacks, artwork, prints, etc., uses a domain name, namely, www.artlifeisgood.com, as well as a Twitter handle, namely, @artlifeisgood.  This is interesting because of the prior registered trademark for apparel, etc. for LIFE IS GOOD®.  The registration of both the domain name and the Twitter handle, as well as the advertising and promotion of said domain name and Twitter handle is undoubtedly intentional.  Is this merely "clever" or is it "infringing"?  While this vendor may have a registered trademark for ART LIFE®, it also seems to me that they are using in commerce as a common law trademark, artlifeisgood.

x-ref:

www.artlifeisgood.com

vs.

www.lifeisgood.com



Below, a local Southern California company owns a pending Federal trademark application for the mark, PALM & BEAN, for "Nutritional supplement meal replacement bars for boosting energy; Beverages made of coffee; Beverages with a coffee base; Coffee based beverages; Oatmeal; Coconut-based beverages not being milk substitutes; Coconut-based non-alcoholic beverages not being milk substitutes."




Below, local Abbot Kinney retailer and with a registered service mark, namely, WILL LEATHER GOODS AN ADLER FAMILY CO. EUGENE, OREGON USA EST. 1981 (Stylized) for:  "Retail store services and online retail store services featuring bags, leather goods, printed matter, rugs, blankets, bicycles, belts, keychains, wallets, clothing, footwear, and kitchen, office, pet, and fashion and clothing accessories."


and below, the official drawing for the above-referenced registered service mark...












Above and below, an event vendor with a registered trademark, SHARK WHEEL®, for "skateboards, skateboard wheels, longboard skateboards, longboard skateboard wheels, wheels for roller skates."


Below, one of the event sponsors with a registered trademark, namely, WAIAKEA HAWAIIAN VOLCANIC WATER® for "bottled water"...




Below, another event vendor with roaming staff carrying its snack based products represented by a registered trademark, namely, HIPPEAS, for "Chickpea-based snacks; puffed chickpea snacks; chickpea chips; bean-based snacks; chickpea crisps."


Below, a great slogan or sign but probably not a trademark.... though it perhaps ought to be...  :-)





Lots of fun had by all.....

Respectfully submitted,

William Maguire
www.TrademarkEsq.com

(All photos by & Copyright William  Maguire 2017).

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Monday, August 21, 2017

Trademarks In The Sun, Sand & Surf...




Dateline:  Monday, August 21, 2017...

Umbrellas are products that are capable of being used and registered as trademarks.  Shown above and below are three photos showing the use of umbrellas on the beach in Santa Monica recently...



Bodyboards, surfboards and skateboards are also products that are capable of being used and registered as trademarks...





note: the sandals alongside the ARBOR® skateboard are a popular product in use at the beach and in Southern California, as well as other parts of the world and there are numerous brands of sandals sold in the USA which are protected by registered trademarks, including the pair of BAHAMA BAY® sandals below...


Clothing brands are notably protected by trademarks as well, including the display of LIFEGUARD® branded apparel on sale at a shop along the famed Venice boardwalk in Venice Beach, Calif...


Boat brand names are protected by trademarks...


Beverage brand names are protected by trademarks. Below are three famous beer brand names that are registered as trademarks in the USA, namely, BUD LIGHT®, CORONA®, and MODELO®...




To maximize protection for your branded product, it is best to try to obtain a U.S. Federal trademark registration.  In this regard, we suggest that you read our article on the selection, clearance and registration of trademarks, which you can find at the following link:

http://www.BeachEsq.com

Respectfully submitted,

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

(All photos by & Copyright William Maguire 2017.)

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