A LIVESTRONG Trademark Portfolio

The Lance Armstrong Foundation, a non-profit corporation in Texas, has at least seventeen registered or pending trademarks on file at the U.S. Trademark Office. At least seven of these trademarks are for the mark "LIVESTRONG" used or proposed for use on or in association a number of goods and/or services. One of those marks for "LIVESTRONG" has been registered for jewelry in International Class 14 and charitable fundraising services in International Class 36. A number of the Foundation's applications are for a design mark that consists of a three-dimensional design of a band that is yellow in color. On May 22, 2006, the Foundation filed an application for a design mark that consists of a band of yellow color as it appears on a single sleeve of a shirt in International Class 25.

The yellow LIVESTRONG wristband was developed by Lance Armstrong in the summer of 2004 in an effort to raise $5 million for the Lance Armstrong Foundation. The wristbands were manufactured and donated by Nike and sold for $1 each. The wristbands became very popular in the U.S. by the end of the summer of 2004 and have adorned the wrists of professional athletes, presidential candidates, news anchors and actors. By March 2005, over 58 million wristbands had been purchased. The demand for the wristbands led to profiteering through online auction sites like ebay, allegedly disappointing Armstrong. Counterfeit wristbands are also widely available. The LIVESTRONG wristband inspired numerous wristbands for charities and causes, including pink wristbands for cancer, colored wristbands for collegiate university pride, various colors for diabetes and half blue, half red wristbands for epilepsy.

Modern Marvel Grand Prize Winner Announced

David Ward was named the Grand Prize Winner of the Modern Marvel Contest co-sponsored by the USPTO, the History Channel and Time Magazine. Mr. Ward was selected from over 4,000 inventors in all 50 states. His invention, the Strawjet, is a breakthrough process in creating building material from straw, providing low-cost panels from one of the worlds most abundant and renewable resources. The panels can be used to provide a more environmentally friendly shelter. For more information on the contest and the 24 other semi-finalists, click here.

Nike + iPod

Today, Nike and Apple announced a partnership to develop athletic accessories for the iPod nano. With the help of Apple, Nike has developed a line of clothing and athletic shoes for utilizing the iPod during cardiovascular activities. Nike developed shoes with sensors and a kit for allowing the shoes to wirelessly transmit data to an iPod. The information includes distance and speed and can be viewed on the iPod's screen or heard through earphones connected to the iPod. Also, the data can be later uploaded to a computer for tracking of training progress. Of course, Nike's new clothing line allows wearers to store their iPod nanos in cool dry locations with easy access for GUI (not gooey) interaction. Please provide comments on whether or not you would purchase and use any of these products.

Semantics: Symantec sues Microsoft

Symantec asked a U.S. Court to enjoin Microsoft's development of Windows Vista. Symantec alleges that Microsoft is wrongfully incorporating Symantec's Veritas storage technology into its upcoming operating system.

The two software giants are at odds over a 1996 agreement in which Veritas Software granted Microsoft the right to Use Veritas Software's volume management technology in Microsoft's Windows NT operating system. More recently, Symantec now purchased Veritas Software for $10.2 billion dollars.

Symantec claims that Microsoft misappropriated its technology. Symantec even goes as far as to allege that Microsoft committed fraud on the U.S. Patent Office, tricking it into granting Microsoft patents based on Symantec intellectual property. Microsoft claims that it purchased the intellectual property rights to all disputed technologies from Veritas Software in 2004 pursuant to the 1996 agreement. Symantec rebuts saying that the 1996 agreement prevents Microsoft from developing features that compete with Veritas. Of course, Windows Vista allegedly contains several competing features. Symantec and Microsoft have been working to resolve the dispute since 2004 but these efforts failed leading to this suit.

Congratulations to Janusz Liberkowski for Winning ABC's American Inventor

Janusz Liberkowski won one million dollars and the title as "ABC's First American Inventor". It is interesting to point out that of the four finalists, Janusz was the only inventor without a full working prototype. For all you inventors out there, it should be noted that for the purposes of filing a patent application in the United States Patent and Trademark Office, a working prototype is not required. To file a U.S. patent application, an enabling disclosure for an embodiment of the invention is required. Further, an invention is considered "reduced to practice" (constructively) as of the filing date of an application.

Three New Members of the Patent Cooperation Treaty (PCT) Union

The following Contracting States have become members of the PCT Union under the World Intellectual Property Organization: 1) Lao People's Democratic Republic with membership effective on June 14, 2006; 2) Honduras with membership effective on June 20, 2006; and Malaysia with membership effective on August 16, 2006.

The addition of these Contracting States increases the total number of members of the PCT Union to 131.

American Idol Contestant Taylor Hicks' Trademark Phrase "SOUL PATROL" May Soon Be Owned By Someone Else

You may notice that after every song he performs, American Idol finalist Taylor Hicks chants the words, "Soul Patrol, Soul Patrol, Soul Patrol..." This would lead me to believe that he has some merchandise sales in mind. After all, he does receive somewhere in the neighborhood of 18 million votes every week. Somebody has got to be buying a t-shirt or two with this slogan on it. One google search will query a number of Taylor Hicks (official and unofficial) merchandise offerings available for online ordering. But who has taken actions to secure intellectual property in the form of a registered U.S. trademark?

A quick search of the U.S. Trademark databases reveals that at least two individuals have filed "intent to use" applications for the mark "SOUL PATROL": one in March 2006 and the other in April 2006. Both applications seek registration in International Class 25 for numerous clothing and merchandise items. We cannot confirm whether either individual is related to Mr. Hicks. You can be sure that neither individual may assign the application or registration until their applications are either converted to use applications or registered. If Mr. Hicks feels like he may be damaged by the registration of either mark, he may file an Opposition or a 90 day Request for an Extension of Time to Oppose either or both marks within 30 days following their publication date. However, I suspect that the Trademark Office will suspend the later filed application in view of the earlier filed application considering the fact that the marks are identical and the goods are essentially the same. This may lead to a delay in publication of either or both applications.

Chicago Bulls' Ben Gordon to Launch BG7 Energy Drink-Where is his Trademark?

Last night on the news, WGN-TV in Chicago featured a press conference in which Ben Gordon of the Chicago Bulls announced the launching of his new energy drink "BG7" to apparently compete with the infamous Red Bull. Personally, I found it interesting that a young professional basketball player was apparently doing this on his own-and was wondering if it was truly on his own and not with the backing of a giant endorsement from someone like Gatorade, Pepsi, Coke, or some other lesser known player in the market. Therefore, a trademark search was conducted!

Trademark searches are always an interesting way to determine what MIGHT be coming into the marketplace because to reserve the right to use a name, an individual or company can file an "intent to use" application. That application is public information the day the application is filed.

With such a catchy, unique, simple name as "BG7"--a trademark search was easy and straightforward. Much to my surprise, no mark has been filed either in any state, federally, or internationally--although a federal registration is clearly warranted for such a product. At that point, I realized that Ben Gordon must be doing this on his ow--because no major company without error or oversight would miss this crucial step. That step, of course, is filing of a trademark application!

So, Ben Gordon--the message is clear! File your trademark application for what is evidently your own undertaking and product--BG7. We look forward to seeing it on the shelves with an R in a circle following its name soon!

Kerry Wood Returns!

Kerry Wood of the Chicago Cubs is scheduled to make his first start of the year on Thursday, May 18, 2006 against the Washington Nationals. Welcome back Wood and GO CUBS!

Did you know that the CHICAGO NATIONAL LEAGUE BALL CLUB, INC. (aka "Chicago Cubs") owns trademark registrations for numerous marks, including "CUBS"; "CHICAGO CUBS"; "WRIGLEY FIELD HOME OF CHICAGO CUBS"; "CUBS CARE"; and "W" (for fabric flags)?

ABC's American Inventor Season Finale on Thursday

On May 18, 2006 at 7:00pm CST, ABC will replay last week's American
Inventor show which focused on a 30-second commercial for each invention.
Without spoiling the show for those of you who missed it, I have to say
that I was very impressed with Ed Hall's commercial for the "Word Ace".
In addition, Janusz's commercial for the "Spherical Safety Seat" was
powerful, but it would have been helpful to see the seat actually move.
Agree? Please post a comment.

On May 18, 2006 at 8:00pm CST, ABC will reveal the winner of the American
inventor show who will also pocket $1,000,000! Who will win? Should be
an interesting vote...Ed Hall or Janusz Liberkowski are probably the
front-runners! My vote is for Janusz! Agree? Please post your winner
and why you choose him by posting a comment.

APPLE'S NEXT BATTLE for the iPOD: CREATIVE TECHNOLOGY'S PATENTS FOR THE ZEN and NOMAD

Apple Computer was sued for patent infringement of Creative Technology's patents. Apple, of course, produces the ever popular iPod-worn around almost every teenager's neck! Creative Technology sells both the Zen and Nomad to compete with iPod. Creative's patent relates to a system developed to organize and access song which Creative alleges the iPod infringes. Creative seeks an injunction and damages from Apple.

U.S. Patent No. 6,928,433, referred to as the Zen Patent by Creative, describes its innovation as follows:

A method of selecting at least one track from a plurality of tracks stored in a computer-readable medium of a portable media player configured to present sequentially a first, second, and third display screen on the display of the media player, the plurality of tracks accessed according to a hierarchy, the hierarchy having a plurality of categories, subcategories, and items respectively in a first, second, and third level of the hierarchy

Analysts are predicting a long, hard fought battle between the two companies. Stay tuned for more information or feel free to post your own updates or opinions regarding the suit-use the button at the end of this post.

"Buy It Now": U.S. Supreme Court Rules in Favor of eBay

In its ruling on Monday May15, 2006, the U.S. Supreme Court set aside a lower court decision to issue an injunction against eBay using its "buy it now" feature. In the unanimous decision, the Supreme Court ruled against the Federal Court of Appeals practice of issuing almost automatic injunctions in patent infringement cases. Proponents of eBay's position had argued that these injunctions make it easy for opponents to shut down entire product lines when only one part of the product infringes a patent. Opponents of eBay's position had argued that injunctions are one of the most effective tools in policing deep-pocketed corporations while protecting small inventor's interests. These small inventors and companies are now commonly called "patent trolls" because of their reputation for broadly asserting specious patents (for technology which they have neither researched nor manufactured) across an industry for the purpose of generating nuisance value settlements.

Time will tell how the lower Federal Courts will apply this ruling. However, you can be assured that courts will continue issue injunctions in patent infringement cases and large corporations will continue to operate under the threat of multi-million dollar damage awards.

Wal-Mart's Happy Yellow Smiley Face-Can They Use It?

The use of the Yellow Smiley Face goes back to at least as early as the 1970s--and was somewhat of an icon in the 1970s. The owner of what is allegedly the original use of the mark is a Frenchman, Franklin Loufrani. Over twenty years later, Mr. Loufrani filed a trademark application in the United States after many years of use and registrations in other foreign countries. Wal-Mart, however, apparently filed an opposition to registration of the mark which includes the word "smiley" as the Trademark Office previously denied registration of the smiley face alone as a decorative symbol. The Trademark Office is expected to rule in the decision this summer.

In our opinion, Wal-Mart, the company everyone loves to hate, will have reason to smile after the decision; but, time will tell! Wal-Mart's usage allegedly goes back to 1997--and their use of "Smiley", in our opinion, will not likely be confused with Mr. Loufrani and his company as the source of "Smiley." We welcome you to post your comments to this trademark battle by replying through the "comment" button at the end of this posting.

American Idol and Copyrights

Each week, the contestants on Fox's American Idol perform copyrighted musical works under license from the copyright owners. This past week, contestants Taylor Hicks, Chris Daughtry, Elliot Yamin and Katharine McPhee performed songs from Elvis' catalog. Often, the judges complain to the contestants about their song selection. But how many choices do the contestants really have? It is rumored that many popular songs are off limits to the contestants because they fall outside of Fox's licensing budget. Many popular songs by Michael Jackson, The Beatles and Shania Twain are reported to be off-limits to contestants.

American Idol has many episodes where they showcase the song catalogs of a single artist. This season alone, whole episodes have been dedicated to artists such as Barry Manilow, Stevie Wonder, Elvis and Queen to name a few. This leads us to wonder if copyright owners reduce their licensing fees for the publicity they receive from their images, personalities and songs being broadcast to millions of television viewers. Seems like a fair trade between Fox and the copyright owners. Too bad the contestants get stuck singing Manilow songs like "Copa Cabana" to millions of teenagers. For a complete list of songs performed on American Idol, click here! Notice all of the repeats.

SUDOKU-and trademarks!

There are currently 74 pending trademark applications including the word "SUDOKU". For those of you that don't know "SUDOKU"--it's the over the top popular numbers game or puzzle printed in most major newspapers throughout the country. Not sure if someone could actually get a trademark that includes the word "SUDOKU" besides the original owner of SUDOKU (or a licensee of the owner of the mark SUDOKU). Why do you ask?? SUDOKU, to me, is like "KODAK". It's a word that, I believe, is made up-and that anytime you see that word, one would likely assume that it is coming from the original SUDOKU. (SUDOKU may not be made up-I have not investigated it's origin, but I don't know anyone who has ever used the word before talking about the now famous puzzles!)

Here is a list of the 74 pending 'SUDOKU' trademark applications:

JUST SUDOKU
NINJA SUDOKU
BUKU SUDOKU
SUDOKU 3D
SUDOKO CUBE
SUDOKUBE
ROYAL SUDOKU
CUBESUDOKU.COM
SUDOKU
SUDOKU LITE
IT'S SUDOKU IN COLOR
SUDOKU QUIZ
SUDOKU MASTER
AQUA-SUDOKU
WORLD SUDOKU CHAMPIONSHIP 1 7 3 5
SUDOKU
BIG SCREEN SUDOKU
BEYOND SUDOKU
PROFESSOR FUJI'S SUDOKU
SUDOKU 4D
GLOBAL STAR SUDOKU FEVE
CELEBRITY SUDOKU
WORLD CHAMPIONSHIP SUDOKU
WORLD SERIES SUDOKU
SUDOKU WORLD CHAMPIONSHIP
SUDOKU WORLD TOUR
PC SUDOKU
MY SUDOKU
E-SUDOKU
GOT SUDOKU?
SCRATCH SUDOKU
SUDOKU GOLD
JUMBO SUDOKU
SUDOKU
YELLOW BELT SUDOKU
ORANGE BELT SUDOKU
BLUE BELT SUDOKU
PURPLE BELT SUDOKU
RED BELT SUDOKU
POWER SUDOKU
MINI SUDOKU
SUDOKU DOUBLER
BONUS SUDOKU
SUDOKU JUNIOR
INSTANT SUDOKU
SCRATCH SUDOKU
COLORKU, THE COLOR SUDOKU PUZZLE
BICYCLE SUDOKU
TOTAL SUDOKU
MARTIAL ARTS SUDOKU EASY
MARTIAL ARTS SUDOKU NOT-SO-EASY
MARTIAL ARTS SUDOKU HARD
MARTIAL ARTS SUDOKU SUPER TOUGH
SUDOKU
BLACK BELT SUDOKU
BROWN BELT SUDOKU
GREEN BELT SUDOKU
WHITE BELT SUDOKU
MARTIAL ARTS SUDOKU
SUDOKU WORLD
DO YOU SUDOKU?
SUDOKU
SUDOKU WIZARD
SUDOKU DELUXE
SUDOKU
SUDOKU CHALLENGE
SUDOKU
SUDOKU
SUDOKU
SUDOKU CHAMPION
SUPER SUDOKU
MOUNTAINTOP SUDOKU
SUDOKU
SUDOKU

No further review of these marks was made--except to note that there are 74 pending marks with the word "SUDOKU" which we further note that eight marks include only the word "SUDOKU". In such a situation, those marks were likely filed for eight different classes of goods and/or services. The 74 marks may have been filed as USE applications or INTENT TO USE applications-meaning that the Applicant has an intent to use the mark with a particular good or service. If the marks are intent to use applications, it may provide an insight where, when or how SUDOKU plans to use the mark in the future; if the marks are use applications, then some of you may have already seen these usages of the marks! Certainly, we've seen "SUDOKU", but I can personally say that I haven't seen any of the other marks besides the use of the word "SUDOKU" alone.

ABC's American Inventor Update

Ed Hall of Chicago, IL has advanced to the Semi-Finals of ABC's American Inventor competition. His invention relates to an electronic word game entitled "Word Ace". The game teaches children spelling and vocabulary skills. As an example, the participants may race to create a seven-letter word beginning with "R".

Ed played basketball at the University of Illinois-Chicago and had hopes of reaching the NBA. Ed had promised his mother that upon signing with a NBA team he would buy her a house. However, after not reaching the NBA, Ed became a 5th grade teacher and cannot afford to buy his mother a house. Last show, Ed revealed that he sometimes avoids visiting his mother at her apartment, because her apartment makes him feel like a failure. If Ed wins the competition and the million dollars that come with winning the competition, Ed has promised to buy his mother a house outside her rough neighborhood.

DaVinci Exhibit At Chicago's Musuem of Science and Industry

Through September 4, 2006, Chicago's Museum of Science and Industry is displaying a Leonardo DaVinci exhibit entitled 'Leonardo DaVinci: Man, Inventor, Genius'. Although I have not had the opportunity to visit the exhibit, the Museum of Science and Industry website reveals that the exhibit displays range from an 8 feet by 8 feet Sforza horse head sculpture to replicas of Leonardo's flying machines. The exhibit is also supposed to be interactive, for example, guests can test the firing power of a seven-foot-long catapult using nerf 'boulders' and build a bridge or machine.

If someone has had a chance to visit the Exhibit, we would welcome your review to our blog. You can add your review by posting a comment to this post.

Texas A&M v. Seattle Seahawks: '12th MAN' Dispute Resolved

Texas A&M University (TAMU) and the Seattle Seahawks settled the university's lawsuit over the phrase, '12TH MAN' which is the subject of TAMU's Registered U.S. Trademark Nos. 1,948,306 and 1,612,053. According to the Associated Press, Seattle has acknowledged TAMU's ownership rights in the trademarked phrase and TAMU has granted a license to Seattle to use the mark. Seattle will not have to change the marking in its stadium but will have to place a statement citing TAMU's registered mark in any broadcasts that feature the mark '12th MAN'. A TAMU official has stated that the university will monitor Seattle's use of the mark to ensure the terms of the settlement are followed. A Seattle official used the media opportunity to announce that the Seahawks may sell a '12th MAN' burger during this coming season at concession stands. Gig 'em Aggies.

Let It Be: Apple Computer Wins Trademark Dispute with Beatles' Apple Corps Ltd.

Apple Computer and The Beatles do not have a love me do relationship. After a long and winding road court battle over whether or not Apple Computer's iTunes Music Store infringe's Apple Corps' trademark, London's High Court ruled that there was no infringement. Even though Apple Computer can't buy me love, it is rumored that they are looking for a ticket to ride the Beatles' song catalog on their iTunes Music Store. Now that their legal differences are behind them, they may come together and get back to making money off of each other's services and intellectual property...eight days a week.

U.S. Navy and Marine Corps Developing Artificial Gills for Divers and Soldiers

The U.S. government awarded Case Western Reserve University (Case Western) and Infoscitex Corp. with a joint contract to develop and to manufacture a 'Microfabricated Biomimetic Artificial Gill System' (MBAGS) for use by U.S. divers and soldiers during underwater exercises and tactical missions. MBAGS provides a battery-powered artificial gill system to extract small amounts of dissolved air from water for providing oxygen to the divers and soldiers while underwater. A high-speed centrifuge within MBAGS lowers pressure of seawater trapped in a small sealed chamber to release the dissolved air into a gaseous state which is transferred to an airbag.

MBAGS is based on an invention created by Israeli inventor Alon Bodner which pulls oxygen from sea water to extract the oxygen from the sea water enabling divers and soldiers to remain underwater without depending upon oxygen provided from a tank. A European patent application is currently pending before the European Patent Office for the invention entitled 'self-contained open-circuit breathing apparatus.' Mr. Bodner states that a one-kilo watt rechargeable battery may provide a diver or soldier with oxygen for a one hour dive which may be adapted for a longer dive by incorporating a larger battery. Case Western and Infoscitex Corp. are developing a re-breathing unit to be incorporated with MBAGS to provide a bubble-free operation for military missions. A bubble-free operation may provide U.S. Navy Seals and U.S. Navy Marine Corps divers with added stealth for executing military operations to reduce detection by enemies and to maximize their element of surprise. MBAGS may also be adapted for use on submarines and other underwater habitats to provide a renewable and rechargeable air supply for the crews from the surrounding sea water.

Doug Hall - Judge of American Inventor

Doug Hall - the self-proclaimed 'American Inventor' - is a former 'Master Marketing Inventor' for Proctor & Gamble. Doug has a Chemical Engineering degree from the University of Maine and is the founder and current CEO of Eureka! Ranch which is located in Cincinnati, Ohio. The Eureka! Ranch is a 'think tank' which serves many large corporate clients in the creation and development of new products and services. Doug Hall, has two published patent applications which identify Doug as an inventor - U.S. Patent Application Publication Nos. 20050177442 and 20030225786. The '442 application relates to a method and system for performing retail transactions which uses a wireless device in lieu of conventional financial cards. The '786 application relates to a method for simulating customer reaction to stimulus based on historical observable customer outcomes. For example, embodiments of the invention describe a series of steps that, when taken together, accomplish a predictive outcome of customer simulation from source inputs without prior assumptions of relationships between inputs and simulated outcomes.

Please check back to the blog for future postings. In addition, please feel free to post comments related to the show!

Future Episode of ABC's American Inventor Show

After much excitement awaiting the premiere of the ABC's 'American Inventor', I am shocked that ABC's search for the next American inventor did not yield better inventions. Despite the many lackluster inventions, I am looking forward to the future episode where Janusz Liberkowski will disclose what innovations and modifications he has made to his spherical child safety seat. For those of you who missed the earlier episodes, Janusz invented a spherical infant car seat in which an infant is placed inside nested spheres. If a collision occurs, the nested spheres spin and automatically position the child’s neck and back in an upright position to shield the infant from the force of the collision.

Liberkowski will be competing against Sharon Clemens, inventor of the 'Restroom Door Clip', and Joseph and Jennifer Safuto, inventors of the 'Flushpure'. This group of inventors should be very competitive as each of these inventions were well received by the judges in the preliminary rounds. Doug Hall is the judge responsible for guiding this group of inventors as they invest (or dump) $50,000 to improve, to further the design of and/or otherwise modify their invention.

It is my hope that ABC’s American Inventor has shown our clients and others reading this blog that no invention is 'too stupid' or 'too silly'! If you have an invention you would like to discuss with one of our attorneys, please give us a call or send us an email.

Plastic Advertisement

Ever wondered how you would look with a new nose or collagen lip injections. Now you can show off your new look to all your friends at the coffee house without ever going under the knife. An artistic creation such as this cup may be eligible for copyright and/or trademark protection.

Copyrighting Calvin Klein

On March 30, 2006, U.S. Congressman Bob Goodlatte of Virginia introduced legislation which proposes intellectual property protection for fashion designs under the U.S. Copyright Act. Currently, articles of fashion, which are both creative and functional, are considered to be 'useful' and therefore are not subject to protection under the Act.

On another note, I wonder if Starbucks has contacted the good congressman about using his last name for one of its tasty beverages.

Research in Motion Patent Infringement Woes Continue

Just when you thought your BlackBerry was safe from any disruption in service--Research in Motion, maker of the popular wireless email device, was sued again for patent infringement. This suit follows another patent infringement lawsuit where Research in Motion settled out of court for over $600 million following years of litigation.

The present lawsuit brought by Visto Corp. seeks a halt to use of software for wireless email in which Visto Corp. is the owner of three patents which it alleges the BlackBerry infringes. Stay tuned as this battle may have a much quicker resolution than Research in Motion's previous lawsuit. This lawsuit was filed in Marshall, TX--home of speedy trials. (See Patents+TMS newsletter article in the Spring 2006 issue, separately linked below.)