May 2013 20

Warner Bros wins trademark dispute over fictional technology used in The Dark Knight Rises

A federal judge in Indiana has ruled Warner Bros did not infringe on the name of a computer security program in the making of The Dark Knight Rises.

In the film a piece of software is referred to as a “clean slate” program, which has the ability to erase an individual’s past from every computer database in the world.

Fortres Grand, a computer company, sued Warner Bros for its use of the “clean slate” name, which the company said is the trademark name of its own computer security program.

The clean slate program that exists in reality is used to erase the history on a person’s computer.

However, Judge Philip Simon sided with Warner Bros, saying there is a marked difference between the fictional world of Batman and that of the real world.

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May 2013 20

Durban set to receive its own top level domain name

Companies in South Africa could soon be occupying a much more specific space on the internet as the .durban domain name has passed its first evaluation stage.

The Internet Corporation for Assigned Names and Numbers (ICANN) is rolling out its generic top level domains later this year and these include generic, brand specific and location based domain names.

While Durban has already passed the first stage it is expected the other two cities that have been applied for – Johannesburg and Cape Town – will also see their own top level domains approved as well.

Having a location specific domain name will enable local businesses to gain more exposure on the internet and make it much easier for customers to find the business they are looking for.

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May 2013 16

INTA event highlights importance of brand protection

Ahead of the annual meeting of the International Trademark Association (INTA) in Dallas earlier this month, a group of experts convened to discuss the challenges businesses face when protecting their brands online. They also discussed what lies ahead in the digital world on KRLD 1080 AM’s “Pulse of the City” radio show, CBS reports.

The annual meeting attracted nearly 10,000 intellectual property attorneys and business leaders from around the world, and highlighted the importance and emphasis that is placed on brand protection.

During the broadcast, trademark and intellectual property trends in the online realm took center stage. One takeaway was that every company, regardless of size, is prone to misrepresentation in the digital world and needs to make sure its intellectual property is protected.

Mei-lan Stark, vice president of INTA, said: “Brands are one of the most effective communication tools ever invented.”

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May 2013 10

Gareth Bale hopes to #trademark his football goal celebration

Welsh footballer Gareth Bale has filed a trademark application for his goal celebration in order to print it on a range of new merchandise.

The player, who is currently employed by Tottenham Hotspur in England, celebrates scoring a goal by positioning his hands in the shape of a heart.  A trademark application has been filed in hopes that it will be the basis for his new logo.

It was filed at the Intellectual Property Office on March 26th and covers goods such as precious metals, leather and imitations of leather, travelling bags, umbrellas, parasols, harness, saddlery, clothing, footwear and headgear.

The goods will all feature the footballer’s logo, which uses the heart with the number 11 – Bale’s squad number – placed in the centre.

Gareth Bale is listed as the owner of the trademark courtesy of The Stellar Group Limited, a sports management company.

Several footballers have trademarked a brand centred around themselves, with the most famous being David Beckham, who has amassed a fortune from selling a range of branded goods.

It is important for these celebrities to acquire trademarks in order to protect their image and reputation.

For more information on trademarks and brand protection services, please visit Corporation Service Company.

May 2013 09

The Trademark Lawyer talks to Corporation Service Company about the coming changes in the digital marketplace

The Trademark Lawyer Magazine talks to Corporation Service Company about the coming changes and its acquisition of the brand services of Melbourne IT.

Just over 1900 new generic top-level domain (gTLD) applications had been received by ICANN (or the Internet Corporation for Assigned Names and Numbers) as of March 2013. From city names to interests to brand names, you can get a flavor of the gTLD strings already applied for on ICANN’s website.

As Jim Stoltzfus, Vice President at Corporation Service Company (CSC), puts it: “We are on the eve of the next significant evolution for online real estate. The new gTLDs are going to give organizations much more flexibility about how they manage their brands online.”

Continue Reading >>

 

May 2013 08

Houston HSI seize ten domain names selling counterfeit cycling goods

The U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) seized ten internet domain names that were illegally selling counterfeit cycling equipment and apparel.

All the seized domain names are now in the custody of the U.S. government and anyone who types the URL into their web browsers will find a banner that notifies them of the seizure and educates them about the federal crime of trafficking counterfeit goods.

Houston HSI special agents worked closely with manufacturers of cycling products, as well as PayPal and the U.S. Attorney’s Office. The enforcement action was planned against a number of websites that were selling counterfeit high-end carbon bike frames, clothing and shoes.

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May 2013 07

Property investors settle dispute over domain name

A property investor in Gleneagles in Perthshire has been ordered to give up his domain name after he registered one similar to another.

John Hunter, who lives in Guernsey, and Brendan Crozier, from Glasgow, both own flats in the exclusive area of Guthrie Villas, in the heart of Gleneagles village and rent them out to the public.

Mr. Hunter registered the domain name gleneaglesapartment.co.uk in 2007 and has used it to promote his business since. However, in 2012 Mr. Crozier registered gleneaglesapartments.co.uk, which is identical with the exception of the final s.

Nominet, the body that polices domain names in the UK, has now ordered Mr.Crozier to hand over his domain name to Mr. Hunter.

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May 2013 03

Trademark Clearinghouse Services – what you need to prepare for ICANN’s new gTLD rollout

With more than 1,300 new generic top-level domains (new gTLDs) poised for introduction to the Internet beginning in the second half of 2013, ICANN has created the Trademark Clearinghouse (TMCH) as a single database of authenticated registered trademarks to protect brands and their intellectual property rights.

The TMCH is conceived as a one-stop solution for brand owners seeking to protect their trademarks in preparation for multiple pre-registration (Sunrise) periods in the launches of new gTLDs.

As a registered agent to the TMCH, CSC Digital Brand Services is ready to assist you in registering your trademarks.

Download our Trademark Clearinghouse Decision Points Information Sheet to get the answers you need.

May 2013 01

Webinar: The Facts about your Digital Footprint: June 27 @ 10am, 3pm, 8pm EDT

Does your brand have a digital footprint? Do you know how big it is? Bigger than you think, is the likely answer. Geographic domains, email addresses, Twitter handles, Linkedin pages, mobile apps, blogs, many brands have all of these and more. And an increasing number of companies have a shadow digital footprint, with unofficial expressions of their brands that are taking traffic, spreading misinformation, stealing data or distributing malware.

So what should marketers and brand owners do to understand and measure their digital footprint?

Please join Vincent D’Angelo, Director Brand Advisory Team during a free, online event on Thursday, June 27, with sessions at 10 a.m. EST/ 2 p.m. GMT, 3 p.m. EST / 7 pm GMT and 8pm ET/10am June 28 AEST where he will cover following topics:

• Direct Navigation and the Missed Opportunity?
• The True Impact of Infringement in the Key Digital Channels
• Best Practices to Optimize the Key Digital Channels

Don’t miss it—register now!

Register now


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Apr 2013 25

Fitbug enters #trademark dispute with Fitbit over similar name

Fitbug, an e-health company, has filed a lawsuit against health gadget maker Fitbit, claiming the name is too similar to its trademarked name.

The company claims the similarity has caused harm to its business and sent Fitbit a cease-and-desist letter last year.

Fitbit is arguably the better known of the two companies, however Fitbug has been in the market longer.

Fitbug launched in 2005 and offers a fitness-tracking service using electronic devices, as well as web-based nutrition advice and digital coaching. Fitbit debuted in 2007 and offers a similar line of products such as a wrist-worn tracker and Wi-Fi enabled scales.

In a statement, Fitbug argued that consumers wrongly assume that Fitbug and Fitbit are related when they are not. It claims people have called and emailed Fitbug asking for help with their Fitbit devices and business partners have also been left confused.

Fitbug also claims that Fitbit’s logos and other marketing materials are similar to those of Fitbug, which include the use of exercising silhouettes.

A Fitbug spokeswoman said: “Fitbug believes that the confusion is causing irreparable damage to its business as it expands in a digital health market that in the US is forecast to almost double to $1.5 billion by next year.”

In response to the allegations, Fitbit chief executive officer James Park said: “Fitbit is very proud of our fantastic products and reputation, which we have earned solely through the tremendous efforts of the Fitbit team. We are surprised by the allegations contained in Fitbug’s complaint.”

The company said it is confident in its legal position and hopes to settle the matter quickly in court.

It is sometimes the case where companies have similar names and trademark issues can be difficult to resolve. What makes this case more complex is the fact both companies offer similar products.

Fitbug believes since it was in the market first, it has the rights to stop Fitbit from trading with that particular name as it violates the Trademark Act.

 

Contact CSC for more information about trademark searching and monitoring.