Thursday morning: Trademarks In The Sand...

Dateline: Thursday morning, June 16, 2016 along Santa Monica Beach south of the Santa Monica Pier (aka, Santa Monica South).  There is a swell out of the SSW and it shows!...  We also note several branded products featuring their trademarks left behind in the sand.....

the purchaser of this ROCKSTAR® beverage below is certainly not a rockstar for discarding this empty can in the sand... just sayin'...

same goes for the person who slurped up this big cup of lemonade from HOT DOG ON A STICK®...

The purchaser of this bottle of GATORADE® got hydrated but didn't think to throw it away in one of the numerous trash cans on the beach...

Here is a nifty item... Could be a promotional item.  On the other hand, perhaps BIC® acquired a license for the THE WALKING DEAD for lighters...   THE WALKING DEAD is, of course, the cult cable tv series on AMC.

Interestingly, however, we found a pending trademark application by an applicant not affiliated with the tv series, THE WALKING DEAD, that has applied for the same mark in International Class #34, including "lighters for smoking", as well as several other applications for other classes of goods for the same mark.  Here is the current USPTO "TESS" record re same:

Word Mark

	THE WALKING DEAD
Goods and Services	IC 034. US 002 008 009 017. G & S: cigarillos, cigars, ashtrays, match boxes, matches, lighters for smokers
Standard Characters Claimed
Mark Drawing Code	(4) STANDARD CHARACTER MARK
Serial Number	86418856
Filing Date	October 9, 2014
Current Basis	1B
Original Filing Basis	1B
Published for Opposition	April 21, 2015
Owner	(APPLICANT) Theodorou Phillip INDIVIDUAL UNITED STATES 446 Ewingville rd Ewing NEW JERSEY 08638(APPLICANT) Theodorou Steve INDIVIDUAL UNITED STATES 446 Ewingville rd Ewing NEW JERSEY 08638
Type of Mark	TRADEMARK
Register	PRINCIPAL
Live/Dead Indicator	LIVE

The plot thickens as this above-referenced trademark application has been opposed by the owner of THE WALKING DEAD tv series, namely, Robert Kirkman, LLC, e.g.,Opposition No. 91222005 (parent) Opposition No. 91222719.

The plot thickens even more as the Opposer filed a separate civil action in Federal Court against the applicant and requested that the Opposition be suspended pending the outcome of said Federal Court case...   x-ref:  http://ttabvue.uspto.gov/ttabvue/v?pno=91222005&pty=OPP&eno=9

Last but not least, we leave you with the starfish we also found in the sand...

Respectfully submitted,

William Maguire
Law Offices of William E. Maguire
www.TrademarkEsq.com

(All photos by & Copyright William Maguire 2016.)

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