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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Bicycles and Surfboards...

Photo © Will Maguire 2014.

Dateline: Wednesday morning, January 29, 2014 at approx. 9:30 a.m. on Ocean Avenue in Santa Monica, Calif., just south of the pier...  With the cold weather back east we can rest assured that they are not riding their bikes to the beach in the morning in a t-shirt and shorts while cradling their surfboard on the side mount rack... as shown above, which was observed this morning on the way to the office.

Bicycles are goods in commerce that are identified by brand names and protected by trademarks.  These can, of course, be registered with the U.S. Patent and Trademark Office (USPTO) in International Class #12.  Some examples includes Schwinn®, Cannondale®, and Trek®. 

Surfboards can also be registered and are found in Intl. Class #28 with other sporting goods. Some noteworthy examples of brand names and trademarks for surfboards include: Rip Curl®, Channel Islands®, and Lost®.

For a quick and easy read on the basics of Trademarks, have a look at the following article on our website:

At The Beach: A Primer On the Selection, Clearance and Registration of Trademarks

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

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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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Before the fog rolled in.....

It was nice and clear and warm when we stopped for a late lunch around 2:30 pm - 3 pm. The coast was clear... though we spotted a fog bank off of Malibu.  Then around 5 pm, dense fog rolled into Santa Monica... Have a look.

The Third St. Promenade at 2:40 pm...

At approx. 3 pm, the coast is clear!...  In the distance below, however, you can see the fog bank along the coastline of Malibu...

Avoid 5th St. and Colorado Ave. in Santa Monica.... in background below... it's closed due to construction... it's a mess!

Santa Monica Fire Dept... on Broadway...

Gotta love all them stickers!...

And then the dense fog rolled in around 5 pm.....  Downtown Santa Monica shown at right below at corner of 5th and Broadway with the roof of apparel retailer, Fred Segal, in the foreground.

 

Be careful out there if you are in Santa Monica due to the fog.....

(All photos by & Copyright Will Maguire 2014.)

Respectfully submitted,

William E. Maguire

LAW OFFICES OF WILLIAM E. MAGUIRE

Santa Monica, Calif.

www.TrademarkEsq.com

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520 Broadway... sneak peak!

An extensive remodel of the office building where our office is located has been ongoing for many months and the light at the end of the tunnel has just been glimpsed for the first time!  The outdoor lobby is shown immediately below where a new restaurant and patio will be taking shape in the next couple of months.

And after we snapped that quick spy photo above we took a coffee break at the local Starbucks®, a registered trademark and service mark...

Stay tuned for more exciting news from Downtown Santa Monica (aka, DSM).

Kind regards,

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

520 Broadway Walled Off In the Late Afternoon....

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This Afternoon... Out and about.....

Friday Afternoon By The Shore...

Late lunch in downtown Santa Monica... around 2:30 pm and the SUN is OUT "BIG TIME!"... This time of year the sun sets directly in front of the beach facing streets!  You gotta wear shades.  Take a stroll with us and check out some of the trademarks we saw along the way...

Into the Sun!  Santa Monica Blvd., just east of 4th St... at 2:30 pm.

4th St. and Santa Monica Blvd.

Sunglasses and a hat can barely cut the glare...

One more block to go to Ocean Ave...

The Pacific Ocean from the bluffs to the west of Santa Monica Blvd.

Starline Tours... en route along Ocean Ave.

The Santa Monica Pier. Check out the circus tents of Cirque du Soleil which opens tonite...

The California Highway Patrol (CHP) staying busy... on PCH.

Over the shoulder shot on the way back to the office... at 2nd St. and Broadway.

The world famous Nike "swoosh" logo/trademark

LOUIS VUITTON®... a trademark and a service mark

An old coffee can, this trademark was originally registered in 1954 (which has since expired for reasons unknown); there is a new registration dated from the year 1996, however. Coffee is registrable in International Class #30.

The bookshelf at GROUNDWORK® Coffee at Santa Monica Place

Friday afternoon snack... Coffee by "Groundwork". Cookie by "The Curious Palate".
note:  GROUNDWORK® registered in Class #30 for coffee and tea; as well as in Class #35 for retail services.

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We hope you all have a nice weekend wherever you are.

(All photos by & Copyright Will Maguire 2014).
 

Respectfully submitted,

William E. Maguire

LAW OFFICES OF WILLIAM E. MAGUIRE

Santa Monica, Calif.

www.TMESQ.com

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Out and about.....

Friday morning around 10 a.m.....  70 degrees Fahrenheit at the beach and 77 degrees up at Wilshire and 16th St. a few minutes later..... It's going to be another warm day in Southern California.

Lots of trademarks out and about on our way to the office... have a look below...

Bicycles are trademarks that can be registered in International Class #12

These ladies are wearing footwear that can be registered as trademarks in Intl. Class #25

This pedestrian above PCH is wearing a hat that is also in Class #25

Helmets are in Class #9, backpacks are in Class #18, and motorcycles are in Class #12

STAPLES®... retail services in Class #35

Car gas cap,... how about Class #12

Wax On Wax Off...   :-)

note:  Fire Trucks are in Class#9, but "Fire and rescue vehicle in the nature of a truck for carrying an on-board electrical generator" are in Class #12

Lots of construction going on at 6th and Broadway in Santa Monica...

note: Building construction services are registrable in Class 37

Corvette, Class #12

Trademarks can be registered here... at my office.

note:  Legal services are currently registrable in Class#45.  For example, TMESQ®, is registered for legal services, although at the time of registration of this mark legal services were in Class #42.

Do you have questions about trademarks?  Have a look at the articles posted on our website (please see the link below).  We offer full service in terms of trademark selection, clearance and registration.  

We won't abandon you after preparing your trademark documents like the notoriously cheap online trademark filing services that are not licensed to practice law.  

Respectfully submitted,

William E. Maguire

LAW OFFICES OF WILLIAM E. MAGUIRE

Santa Monica, California

www.TMESQ.com

Trademarks • Copyrights • Licensing

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Ninth Circuit Buzzkill !...

Inhale, Inc. v. Starbuzz Tobacco, Inc. (U.S. Court of Appeals, Ninth Circuit, Filed Jan. 9, 2014; CIte as 2014 DJDAR 281).

The Ninth Circuit just told the Plaintiff-Appellant, Inhale, Inc., to put that in their pipe and smoke it, in affirming the District Court's ruling affirming summary judgment in favor of the Defendant-Appellee, Stabuzz Tobacco, Inc., and agreeing that the shape of a hookah water pipe-container is not copyrightable.

Per the 9th Circuit opinion, "The parties agree that Inhale's hookah water container is a "useful article".  Additionally, the court stated, "As 'the design of a useful article,' the shape of the container is copyrightable 'only if, and only to the extent, it incorporates... sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the' container."  This statutory standard is satisfied by either physical or conceptual separability and because Inhale did not claim physical separability, the court considered only conceptual separability in its review.

The 9th Circuit concluded that "The shape of a container is not independent of the container's utilitarian function - to hold the contents within its shape - because the shape accomplishes the function."

Finally, the 9th Circuit indicated that the District Court also exercised its discretion properly by awarding the Defendant-Appellee, Starbuzz Tobacco, its attorneys' fees.  Additionally, the 9th Circuit separately awarded to Starbuzz Tobacco its attorneys' fees for the defense of this appeal, in an amount to be determined by the district court. 

Talk about a total buzzkill?!...  AFFIRMED AND REMANDED.

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Respectfully submitted,

William E. Maguire
LAW OFFICES OF WILLIAM E. MAGUIRE
Trademark • Copyright • Licensing
www.CopyrightEsq.com

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