Eat More...

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Chick-fil-A, the Atlanta-based fast-food chain, has sent a cease and desist to a Vermont-based artist to stop using the phrase "Eat More Kale" with claims that the mark "is likely to cause confusion of the public and dilutes the distinctiveness of Chick-fil-A's [slogan "eat mor chikin"] and diminishes its value." Read the full article here.

Bo Muller-Moore isn't selling food but rather is promoting a food movement, specifically, "eating locally, supporting local farmers, bakers, famers markets, farm stands, CSA's, community gardens and restaurants, sustainable lifestyles, social commentary and community."

This certainly isn't the first time Chick-fil-A has disputed an "eat more" mark; see their opposition history here.

Is this "over-enthusiasm for brand protection" on Chick-fil-A's part? Or is there a legitimate complaint here?

Tootsie vs Footzy: The Famous Trademark Lawsuit

Here's a great example of the "famous trademark" claim: "Tootsie has decided to file suit in federal court against the makers, a company called Rollashoe, for 'infringing on the brand name' Tootsie Roll." Read the full article here.

Last year, the candymaker, Tootsie Roll, filed an opposition at the USPTO against the shoe brand, Footzyrolls, and then upped the ante last week with a lawsuit.

Is Tootsie Roll's claim of dilution and likelihood of confusion hitting the sweet spot? Or is Footzyrolls correct in claiming this lawsuit is "completely frivolous?"

Gobble, Gobble

Since Thanksgiving is upon us here in the US, I got to thinking how I could relate this holiday to trademarks. For most of us, Thanksgiving is a time of the year where we eat a lot of great food and spend time with family. That being said, let's look at some of the trademarks that may be on your table this holiday season:

• Butterball ®: While this company is best known for their poultry products, they also sell soups, marinades, seasonings, and spices.
  

• Stove Top ®: There were plans for 'dinner meal kits' but that application was abandoned at the applicant's request back in 2000.
  

• Sara Lee ®: At this point in the meal, buying a pie is much easier than making your own.

What are your favorite Thanksgiving brands?

Ch-Ch-Changes Coming to the USPTO Filing System

Starting November 19th, the USPTO is instituting several changes to their TEAS or Trademark Electronic Application System. Nothing too major really. Here are some highlights:

1) "Applicants will have the opportunity to list multiple email addresses" -- there can only be one primary email and any others are to be considered "courtesy emails."

2) "Sound/motion/multimedia files (.wav, .wmv, .wma, .mp3, .mpg, or .avi formats, not exceeding 5 MB in size for audio files and 30 MB for video files) may be filed directly as part of the form" -- this is going to apply for new applications only.

3) There will be a new voluntary amendment form available for "dba" applicants to ensure that section is filled out correctly.

4) "Links for Trademark Information Network “how-to” videos incorporated into appropriate sections of the forms (e.g., at applicant section, drawing section, goods/services section)."

The last point, actually, makes me a bit concerned in that this may provide people a false sense of security when it comes to filing trademarks. There are just so many variables for each and every application that generalized instructions may lull folks into a false sense of complacency. I'll take a look at these videos once they launch and write up reviews for our TradeMark Express blog readers.

Here's the entire press release. Any other changes stand out to you?

The Trademark Situation: Jersey Shore Star Suing A&F

Not too long ago the clothier Abercrombie & Fitch offered to pay the cast of MTV's Jersey Shore NOT to wear their clothes. Looks like one of the reality stars has found his fee - $4 million. Mike "The Situation" Sorrentino is looking for that dollar amount "in a complaint he's filed...that accuses Abercrombie of trademark infringement, unfair competition and false description."

Is The Situation on the money? Or is A&F in the right?

A Couple of Big Time Trademark Disputes End

First up is the "three-year trademark" fight between Cadbury and Nestlé over the use of the color purple. "A preliminary ruling by the Intellectual Property Office (IPO) states that Cadbury can trademark the colour for packaging its chocolate" Read more here.

Next is the battle of the birds. Kellogg had originally asked the Maya Archaeology Initiative to cease using their toucan logo. However, in a turn of events, the owners of Sam the Toucan have decided to "contribut[e] $100,000 to help launch one of the MAI's priority projects to improve the lives of the Maya people in Central America. Kellogg will also be featuring major Mayan accomplishments and a link to MAI's website on Kellogg's Froot Loops cereal boxes next year." Read more here.

Steve Jobs Exhibit at the USPTO

The USPTO has decided to pay tribute to the late Steve Jobs with an exhibit highlighting the Apple innovator's patents and trademarks. Here is part of the press release:

"In tribute to the tremendous influence of Steve Jobs, the United States Patent and Trademark Office (USPTO) will showcase The Patents and Trademarks of Steve Jobs: Art and Technology that Changed the World. The free exhibit will open to the public on November 16 at the USPTO’s campus in Alexandria, Virginia.

“This exhibit commemorates the far-reaching impact of Steve Jobs’ entrepreneurship and innovation on our daily lives,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos. “His patents and trademarks provide a striking example of the importance intellectual property plays in the global marketplace.”

Located in the atrium of the Madison Building, the exhibit features more than 300 of the patents that bear the name of the iconic innovator along with many of the trademarks that have given Apple its instantly recognizable identity around the world...

The Jobs exhibit, which runs through January 15, 2012, is free and open to the public, as is the National Inventors Hall of Fame and Museum."

University of Missouri Buys Porn Domain Extensions

Nope, our nation's universities are NOT moving into the adult entertainment field. Actually, MU purchased mizzou.xxx, missouritigers.xxx and missouri.xxx to prevent others from using those names in salacious ways.

"Division of Information Technology spokesman Terry Robb said. "People could mistakenly go to mizzou.xxx, and there you are. It's our trademark name, and a porn site obviously should not use our trademark name for their activities.""

Is this going to start a triple-x trend akin to the heyday of domain name squatting? Or is this an unnecessary worry for trademark owners? Either way, ICM Registry stands to make a whole lot of money.