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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Trademark

Jimmy Buffett files trademark application for TIGER BLOOD

18 Friday Mar 2011

Posted by Kenan Farrell in Entertainment Law, Intellectual Property, Just for Fun, Trademark

≈ 1 Comment

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Tiger Blood, Trademark

Quick…everybody file a trademark application for TIGER BLOOD!

That’s the tune Jimmy Buffett is singing as he just filed an application to protect the trademark (which Charlie Sheen recently popularized) in connection with “Vodka” and “Energy Drinks”. But Jimmy isn’t the only one covering that tune as several others have also filed applications in the past few weeks.

Now the previous owner of TIGERS BLOOD (…it isn’t Charlie Sheen) faces a trademark onslaught of nearly epic proportion. Has a trademark ever had to survive the combined cumulative dilutive and tarnishing effects of Charlie Sheen, dietary supplements and now the boozy bard of Margaritaville, Jimmy Buffett? Which, if any, of the new trademark applications will survive to registration? And how long until Charlie Sheen himself files an application?

Here’s a review of the brief yet spectacular trademark history of TIGER BLOOD:

TIGERS BLOOD – Registered: June 3, 2008  Date of First Use: March 5, 2007

IC 032. Syrups for making soft drinks [Owner: Stuart K. McLaren]

TIGER’S BLOOD – Registered: August 31, 2010  Date of First Use: January 4, 2010

IC 034. Tobacco [Social Smoke, Inc]

TIGERBLOOD – Filed March 3, 2011  Date of First Use: March 2, 2011

IC 005. Dietary supplemental drinks, Meal replacement and dietary supplement drink mixes, Dietary supplemental drinks in the nature of vitamin and mineral beverages, Highly caffeinated energy pills

IC 025. Clothing, apparel, sneakers, athletic wear, t shirts. [Michael M. Heyward]

TIGER BLOOD – Filed March 6, 2011  Date of First Use: Intent to Use (ITU)

IC 005. Nutritional Supplements in liquid form and non-liquid form that relieve or prevent fatigue. Dietary Supplements in liquid form and non-liquid form that relieve or prevent fatigue [Crebit LLC]

TIGER BLOOD – Filed March 6, 2011  Date of First Use: ITU

IC 025. Clothing, Namely, Jackets, overcoats, sweaters, T-shirts, shirts, pants, caps, scarfs, belts, and shoes [Moneyworks, Inc.]

TIGER BLOOD – Filed March 7, 2011   Date of First Use: March 3, 2011

IC 005. Dietary and nutritional supplements; Dietary food supplements; Dietary supplemental drinks; Dietary supplements for human consumption; Liquid nutritional supplement. [Harcos, LLC]

TIGER BLOOD – Filed March 8, 2011  Date of First Use: ITU

IC 005. Dietary and nutritional supplements [Advanced Health Sciences, Inc.]

TIGERBLOOD – Filed March 8, 2011  Date of First Use: ITU

IC 032. Beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements; Concentrates and powders used in the preparation of energy drinks and fruit-flavored beverages; Concentrates, syrups or powders used in the preparation of sports and energy drinks; Energy drinks; Non-alcoholic drinks, namely, energy shots; Sports drinks, namely, energy drinks [Michael J. Mueller, Jacquelyn A. Fritz AKA JJ Fritz, Pablo Cerrilla-Benet AKA Pablo Cerrilla, Waldo M. Abbot AKA Mack Abbot]

TIGER BLOOD – Filed March 10, 2011  Date of First Use: January 3, 2011

IC 025. Hooded sweat shirts; Short-sleeved or long-sleeved t-shirts. [Will Thompson]

TIGER BLOOD TV – Filed March 12, 2011  Date of First Use: March 4, 2011

IC 041. Providing a website for entertainment purposes where users can view and post audio, video, prose and images featuring content related to news, cultural events, pop-culture, arts, music, comedy and sports. [Kimberly A. Arnold, Joel M. Moore]

Never one to miss a beat, even Ol’ Parrothead himself is getting in on the Tiger Blood act. I wouldn’t be surprised if there’s a new “Tiger Blood” single on the radio before the end of Spring Break.

TIGER BLOOD – Filed March 12, 2011  Date of First Use: ITU

IC 033. Vodka [Margaritaville Enterprises, LLC]

TIGER BLOOD – Filed March 12, 2011  Date of First Use: ITU

IC 032. Energy drinks [Margaritaville Enterprises, LLC]

It turns out that someone at Margaritaville Enterprises must get drunk on filing trademark applications…463 filed so far!

Are there additional TIGER BLOOD applications to come or is this the end of the trend? I know the trademark attorneys for the two registered marks will need to be vigilant in the upcoming weeks. I’ll keep you updated.

Church and the Super Bowl

24 Monday Jan 2011

Posted by Kenan Farrell in Copyright, Entertainment Law, Intellectual Property, Trademark

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Copyright, Peyton Manning, Trademark

The last time Peyton Manning was leading the Indianapolis Colts on a championship run (it’s been awhile), the NFL clamped down on the ability to watch the big game in churches. The NFL sent letters to churches informing them that airing the game would be a violation of the NFL’s copyright and trademark rights. However, two years ago the NFL appeared to call a reverse and allowed viewing in churches under certain conditions.

So what’s the NFL’s policy this year? Since there’s been no indication to the contrary, it seems the NFL is sticking to the policy that churches can air the Super Bowl without violating copyright laws. So start planning those parties!

For those who don’t know, here’s How to Host a Church Super Bowl Party.

University of Missouri Halts Indiana School’s Use of Tiger Logo

06 Wednesday May 2009

Posted by Kenan Farrell in Trademark

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Indiana, Logos, Trademark, Trademark Infringement, University of Missouri, Warsaw, Warsaw Community Schools, WNDU

warsaw

David can’t always afford to fight Goliath.  Warsaw Community Schools (Warsaw, Indiana) recently received a cease and desist letter from the University of Missouri to stop using their tiger logo.

A licensing company determined that it was the same tiger logo as the University of Missouri’s and issued a cease and desist order. picture-21

A few years ago Warsaw re-designed their tiger to modernize it but claim that they didn’t intend to copy Missouri’s.  The logo can be found on Warsaw’s track, trash cans, stationary, staff uniforms, and football uniforms.

Even if the logos aren’t identical, are they confusingly similar?  Any more so than the other 1,000 Tigers athletics programs out there?  Apparently, Warsaw didn’t want to find out and has decided not to challenge Missouri.  Instead, Warsaw will be selecting a new logo…a contest will be held among their students to determine the new logo.  And perhaps a trademark attorney could run a quick clearance search.

Source: WNDU

Nadya Suleman files trademark application for OCTOMOM – but isn't the first!

16 Thursday Apr 2009

Posted by Kenan Farrell in Just for Fun, Trademark

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Trademark

octomomThe big (okay, most talked about) story in trademark news today is that controversial mother-of-eight (fourteen really) Nadya Suleman has filed a trademark application for OCTOMOM.  Well, it turns out somebody beat her to it!

An earlier  OCTOMOM trademark application, Serial # 77/689,864, has been filed by Super Happy Fun Fun, Inc.  However, it’s an intent-to-use (“ITU”) application.  An ITU application allows someone to obtain clearance and approval for federal registration of a trademark before committing to all of the costs of marketing and promoting the mark. That is, an ITU application permits one to go through the examination and clearance procedure of federal registration without having to show actual use in commerce.

So who has the priority rights to the OCTOMOM trademark, Nadya or Super Happy Fun Fun? (Of course, this question assumes that either have rights.)  Generally, the first to use a mark in commerce is the owner of that mark.  The primary exception is when an ITU application for a similar mark is filed prior to the adoption and use of the mark by another.  The Super Happy Fun Fun application was filed on March 12, 2009.  But I can recall mentions of Nadya as “Octomom” at least as far back as January.  Therefore, the ITU application may not qualify for the exception, as it wasn’t filed prior to adoption and use by Nadya.  She’ll have to show that there was use in commerce prior to March 12, 2009, but seeing that she was everywhere for awhile, that may be easy enough.

On a related note, why would she want to be called Octomom?  I never saw it as a particularly complimentary moniker.  And doesn’t she have fourteen children?  Quatorzemom?!?  I’m off to file a trademark application. 🙂

Horseshoe Casino prevails in trademark suit in Southern District

07 Saturday Feb 2009

Posted by Kenan Farrell in Litigation, Trademark

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Indiana, Trademark

The Indiana Law Blog has a post up on a trademark decision in the Southern District of Indiana.  Click here for their full analysis.

“A federal judge has ruled that a New Albany strip club’s use of the name II Horseshoes and a golden horseshoe logo amounts to trademark infringement on nearby Horseshoe Casino.

U.S. District Judge Sarah Evans Barker signed a consent judgment and issued a permanent injunction this week ordering John Mattingly, the owner of II Horseshoes Gentleman’s Club on Old River Road, to stop any use of the Horseshoe name or its trademarked golden horseshoe.

The court also ordered Mattingly to remove the image from any advertising and promotional material, including signs, banners, cocktail napkins, clothing, business cards and receipts.”

Horseshoe Application

The Horseshoe Casino/Hotel trademarks (Reg. Nos. 1839688, 2370824; App. No.  77/657,333) are owned and managed by Harrah’s License Company.

For those not familiar with Indiana gaming law, apparently casinos can’t be on dry land, hence the silliness (pictured below) of putting the casino in a puddle of water and calling it a riverboat.

The Horseshoe Casino, by the way, is hosting a satellite tournament on Feb. 29 that could earn you a seat at the 2009 World Series of Poker Main Event in Las Vegas.  Good luck!

Horseshoe Casino

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