AndreiMincov 's Techdirt Comments

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  • Chicago Court: Yeah, Billy Goat Tavern Is Probably Going To Lose Trademark Case, But It Can Go Forward Anyway

    AndreiMincov ( profile ), 20 Aug, 2018 @ 08:52am

    And the real moral of the story is if you are starting an establishment that serves food and is considering a name for it, ALWAYS makes sure to check if you can trademark it not just for the restaurant services, but also for the most important food items you plan to serve. This could save you from a situation that Billy Goat Tavern has just found themselves in. The last thing you want is to rely on your legal team being able to prove the relatedness of goods and services between your restaurant and someone else's off-the-shelf food. Much better if your trademark covers both explicitly.

    Andrei Mincov

    Founder and CEO of Trademark Factory® / https://trademarkfactory.com, the only firm in the world that offers trademarking services with a predictable, guaranteed result, for a predictable, guaranteed budget. We can help you register your trademarks with a free comprehensive trademark search, for a single all-inclusive flat fee, with a 100% money-back guarantee.

  • Bruce Lee's Estate Gets Stiff Roundhouse Kick After Trying To Block Theater Company's Trademark

    AndreiMincov ( profile ), 20 Aug, 2018 @ 08:29am

    Putting legalese aside for a moment, what's good and fair about strangers being able to use and profit of the name and a story of a dead celebrity without obtaining a permission from an entity set up to benefit the celebrity's heirs? My answer to this question? Nothing.

  • Two Georgia Sausage Companies Battle Over Trademarked Logos That Aren't Particularly Similar

    AndreiMincov ( profile ), 06 Aug, 2018 @ 11:29am

    When the only similarities between the two brands in question are so common that they no longer function to distinguish products and services of one brand from identical or similar products and services of everyone else, your trademark infringement argument is doomed. Unless the totality of similarities leads one to believe that it was a deliberate attempt to take a free ride on the reputation of your brand. Here we have more than just a pig. We have a general shape of a circle We have an inner circle. We have the word "store". We have a pig. We have the word "EST." followed by four digits representing a year. We have a name that ends with a possessive "'S". Taking the literal elements out of the equation, the real question is, does Stripling's logo have anything to it that can ever be enforced? And if yes, what are they?

    Andrei Mincov

    Founder and CEO of Trademark Factory® / https://trademarkfactory.com, the only firm in the world that offers trademarking services with a predictable, guaranteed result, for a predictable, guaranteed budget. We can help you register your trademarks with a free comprehensive trademark search, for a single all-inclusive flat fee, with a 100% money-back guarantee.

  • How A US Burger Chain Brought 'Ruby Tuesday' Full Circle Through Trademark Bullying

    AndreiMincov ( profile ), 24 Jul, 2018 @ 09:44am

    Now that this dispute has become public, the restaurant will probably write it off on its overzealous lawyers.

    Andrei Mincov

    Founder and CEO of Trademark Factory® / https://trademarkfactory.com, the only firm in the world that offers trademarking services with a predictable, guaranteed result, for a predictable, guaranteed budget. We can help you register your trademarks with a free comprehensive trademark search, for a single all-inclusive flat fee, with a 100% money-back guarantee.

  • University Of Illinois Attempts To Trademark Bully An Alumnus After Failing To Stop His Trademark Registration

    AndreiMincov ( profile ), 06 Apr, 2018 @ 06:00pm

    University Of Illinois Attempts To Trademark Bully An Alumnus Af

    A rare case when I fully agree with Techdirt's comments about a trademark dispute. Looks like the University of Illinois has just created a no-win situation for themselves. They will look dumb if they drop the case. They will look dumb if they lose the case. And if they somehow win the case, it will generate so much shi-TM-storm that they'll wish they'd never win it in the first place.

  • Apple Bullies Pharmacy Over Trademark Because All The Apples Are Belong To Them

    AndreiMincov ( profile ), 08 Jan, 2018 @ 12:28am

    Opposition proceedings within the Trademark Office system occasionally end up being a bully fest. It's easy and cheap to file a statement of opposition. No damages can be awarded against you if you lose. All you have to do is have a proper trademark monitoring in place to file your statement of opposition during a short window after someone else's trademark is published by the Trademarks Office. Don't get me wrong: in most cases opposition proceedings is the right way to correct Trademarks Office that may have mistakenly approved a trademark that should not have been approved. But sometimes, we deal with situations like this when a new trademark owner is put in a situation when they have to spend a lot of money fighting a battle they were not planning to fight when they filed their trademark application. Just so you know, less than 1% of all trademark applications are ever opposed.

    Andrei Mincov

    Founder and CEO of Trademark Factory® / https://trademarkfactory.com, the only firm in the world that offers trademarking services with a predictable, guaranteed result, for a predictable, guaranteed budget. We can help you register your trademarks with a free comprehensive trademark search, for a single all-inclusive flat fee, with a 100% money-back guarantee.

  • Five Below, Trendy Retailer, Sues 10 Below, Ice Cream Seller, For Trademark Infringement

    AndreiMincov ( profile ), 08 Jan, 2018 @ 12:07am

    As this unfolds, I'm wondering how Five Below PR machine is going to handle the notion that it's trademark lawsuit is just trademark bullying. Indeed, different names, different meanings, different industries. Likelihood of confusion? Extremely remote...

    Andrei Mincov

    Founder and CEO of Trademark Factory® / https://trademarkfactory.com, the only firm in the world that offers trademarking services with a predictable, guaranteed result, for a predictable, guaranteed budget. We can help you register your trademarks with a free comprehensive trademark search, for a single all-inclusive flat fee, with a 100% money-back guarantee.

  • Prelude To Disaster: Craft Beer Trademark Applications Have Doubled In Ten Years

    AndreiMincov ( profile ), 19 Sep, 2017 @ 10:04pm

    So market players realizing that they have a valuable asset to protect is a prelude to disaster?

    Are you suggesting that the craft beer industry can only succeed if craft beers of various breweries can be so similar as to cause confusion on the marketplace? I'm not buying that argument. Just because several (ok, many) smaller breweries wouldn't bother to check if their brand is available doesn't signal that the industry is broken. What is demonstrates is that many business owners are being duped by the media (this article being a good example) into believing that intellectual property is some kind of anachronistic hurdle that must be overcome.

    Andrei Mincov
    Founder and CEO of Trademark Factory® / https://trademarkfactory.com, the only firm in the world that offers trademarking services with a predictable, guaranteed result, for a predictable, guaranteed budget. We can help you register your trademarks with a free comprehensive trademark search, for a single all-inclusive flat fee, with a 100% money-back guarantee.

  • E And J Gallo Sends Cease And Desist Trademark Notice To E And B Beer

    AndreiMincov ( profile ), 14 Aug, 2017 @ 08:16am

    The local brewer is asking the right question when he says, "I'd like to get an explanation as to what they think is confusion." That's what trademark disputes always come down to. Would the purchasing public be likely to be confused into thinking that products of two different manufacturers actually come from the same source. Here, the question is not whether E&B is too close to E&J but whether the overall impression created by the two logos is such that consumers with some vague recollection of the E&J logo would be likely to think they are buying the product from the same company when they get to buy beer with E&B logo. I would say that if you don't know the history behind both brands, the answer to that question is, possibly yes. Apparently, E&J does not mind that E&B keep the mark as long as they restrict their sales to Michigan and Ohio, which is probably as far as common-law would protect E&B's brand.

    Andrei Mincov
    Founder and CEO of Trademark Factory® / https://trademarkfactory.com, the only firm in the world that offers trademarking services with a predictable, guaranteed result, for a predictable, guaranteed budget. We can help you register your trademarks with a free comprehensive trademark search, for a single all-inclusive flat fee, with a 100% money-back guarantee.

  • Brewery Sues Competitor Over Schooner Logos And Use Of The Word 'Head'

    AndreiMincov ( profile ), 18 Jun, 2017 @ 10:56pm

    A very interesting trademark infringement case

    A very interesting trademark infringement case involving using one half of one trademark and another half of what is typically considered a "family of marks." Just like McDonald's has a stronger claim against any food items that start with "Mc"—even trademarking them, the plaintiff, SHIPyard, has a bunch of trademarks that end with "HEAD." The question is, would this be enough for them to prove likelihood of confusion with SHIPHEAD? The answer would probably depend on whether the defendant's Shiphead beer has similar can design to that of the plaintiff. If it does, then as a consumer, I'd easily be confused into thinking that SHIPHEAD beer, when placed next to, SHIPYARD, PUMPKINHEAD, MELONHEAD, and APPLEHEAD would come from the same source. As I've been saying, the more competitive the industry, the more important is the brand. Few industries today generate as many trademark disputes as the disputes between breweries. Plain and simple, you can't have a successful beer brand—unless it's trademarked. Plain and simple.

  • Chinese Trademarks And The Emoluments Clause: Do They Intersect In The Trump Presidency?

    AndreiMincov ( profile ), 26 Feb, 2017 @ 11:33am

    What if he lost?

    Left-wing media continue to look for reasons to bash President Trump. This time, Trump should be impeached for winning his trademark disputes in China after he agreed to honor "One China" policy. Let's not forget that the same left-wing media were going nuts when Trump QUESTIONED "One China" policy. The same media would certainly find something to blame Trump for if he had lost his trademark battles in China. Imagine the headlines: "Trump's Chinese Trademark Humiliation", "China Court Not Impressed With Trump's Presidency", etc. I mean, come on! The left's vendetta against President Trump has gotten so personal—it's absolutely ridiculous. When a man is condemned for every little thing he does (or does not do), the substance of such attacks becomes irrelevant: essentially, Trump is guilty by default because he is not Hillary. But if we look back at the substance of Trump's trademark dispute, what is wrong with an American company being successful in protecting one of its most valuable assets overseas?

    Andrei Mincov
    Founder and CEO of Trademark Factory® ( https://trademarkfactory.com ), the only firm in the world where licensed lawyers and trademark agents will help you register your trademarks with a free comprehensive trademark search, for a single all-inclusive flat fee, with a 100% money-back guarantee.

  • Chicago Cubs: With Success Comes Trademark Lawsuit Against Street Vendors

    AndreiMincov ( profile ), 03 Oct, 2016 @ 04:13pm

    Protecting one's property is not evil

    While I completely disagree with the entitlement spirit of the article (I have been a fan of X all of my life and I'm so used to being able to get X bypassing the much more expensive official channels, I am entitled to this, and whoever is taking is taking steps to limit my ability to enjoy X in this fashion, is evil), I agree that Cubs may have a problem with having allowed the street vendors to openly infringe on Cubs' trademark rights for so long. This is called 'estoppel.' Cubs may be found to be estopped from going after those vendors who through Cubs' former policies may have reasonably come to believe that Cubs are OK with vendors' selling counterfeit swag. Cubs are facing a lose-lose situation. If they do nothing, the value of their brand goes down because it becomes less and less enforceable every day. If they go after the vendors now, there will not only be a backlash from people like the author of the article, there will also be a risk that a few vendors would actually lawyer up and take this case all the way to the courtroom and prove that Cubs should not be allowed to suddenly turn around and change their mind about what's OK and what's not OK. My prediction: Cubs will use their resources to settle with those stubborn vendors and avoid an open trial at all costs.

    ---------------------------
    Andrei Mincov
    Founder and CEO of Trademark Factory®,
    the only firm in the world where licensed lawyers and trademark agents help entrepreneurs and businesses from around the world trademark their brands with a free comprehensive trademark search, for a single all-inclusive flat fee, with a 100% money-back guarantee.

  • Louis Vuitton's Inability To Take A Joke Opens Up A Chance To Fix Our Broken Trademark Laws

    AndreiMincov ( profile ), 01 Sep, 2016 @ 09:52pm

    Trademarks are NOT just about consumers

    Also, it is not inconceivable that consumers as a group would actually BENEFIT from being able to lawfully purchase LV look-alike bags for a fraction of the price of an authentic bag. If interests of consumers was the sole purpose of trademark laws, you would not word these laws in a form that grants brand owners a monopolistic control over their brands!

  • Louis Vuitton's Inability To Take A Joke Opens Up A Chance To Fix Our Broken Trademark Laws

    AndreiMincov ( profile ), 01 Sep, 2016 @ 09:44pm

    Trademarks are NOT just about consumers

    While the story is fascinating and LV's position is weak, I completely disagree with the underlying idea of the article. If trademark laws were ONLY to deal with customer confusion for the benefit of consumers, why would it be the brand owners' responsibility to police trademark infringements, at trademark owners' expense? Trademarks always had a dual purpose: protect intellectual property of the brand owners AND protect consumers from being mislead into buying imitations. Dilution arguments can indeed sometimes go too far—and it is the responsibility of the court system to keep these arguments constrained to reasonable limits—but to deny that trademarks are and should be recognized as intellectual property is intellectually (pun intended) dishonest.

  • Stupid Patent Of The Month… With Special Stupid Trademark Bonus Round

    AndreiMincov ( profile ), 14 Jun, 2016 @ 08:23pm

    MY HEALTH is a registered trademark... Really?

  • Trademark Law (Once Again) Getting In The Way Of Fan Art

    AndreiMincov ( profile ), 20 Jan, 2015 @ 08:11pm

    Check out this free report on 8 dangerous myths about trademark registration! http://trademarkmyths.com