San Diego Trademark Attorney - San Diego Trademark Lawyer

San Diego - A 3-way dispute over the rights to use TINKERBELL as a trademark for cosmetics ended when a panel of three judges determined that Icebox-Scoops, Inc., a Dutch company, could not maintain a lawsuit against Walt Disney Co.

Icebox-Scoops licensed the TINKERBELL trademark in 2005 from Finanz St. HonoreBV, a Netherlands based company. Finanz filed a U.S. Trademark for the TINKERBELL trademark in 1982 for "Children's Cosmetics-Namely, Cologne, Bath Oil, Body Lotion, Body Powder, Bubble Bath, Skin Cream and Sachet" and the trademark registered in 1983.

In 2000, Finanz's rights to the TINKERBELL trademark were affirmed in litigation with Disney. Disney had tried to obtain the trademark due to the well-known character from its "Peter Pan" movie. Disney did not prevail in that case which ended with the two companies entering into a Settlement Agreement.

Thereafter, Finanz entered into the licensing agreement with Icebox-Scoops to create TINKERBELL merchandise. Specifically, Icebox-Scoops was to distribute a TINKERBELL line of beauty products geared toward young women.

However, shortly after entering into the license agreement with Icebox-Scoops, Franz decided to sell the trademark to Disney which cut off Icebox-Scoops's right to use the trademark well before the 5 year license had ended.

As a result of the termination of the license, Icebox-Scoops sued Disney for unjust enrichment and tortious interference. Icebox-Scoops believed that Disney should not have bought the TINKERBELL trademark from Finanz if Disney knew that the license agreement was in place at the time of the purchase. Unfortunately for Icebox-Scoops, Disney disagreed, and so apparently did the 2nd Circuit Court.

The 2nd Circuit held that Icebox-Scoops did nothing to enrich Disney and also did nothing for Disney's benefit and therefore the 2nd Circuit affirmed the dismissal of the unjust enrichment claim. As for the tortious interference claim, the 2nd Circuit held that it was made after the statute of limitations was up and so it also could not be maintained.

Though the case against Disney has been dismissed, Icebox-Scoops' case against Finanz is ongoing. Thus far the two have not been able to reach a settlement.

San Diego - Timelines, Inc. argued in an opposition filed Wednesday that the company's TIMELINES trademark is not too generic to deserve protection and that Facebook, Inc.'s timeline feature on its popular networking site infringes the trademark.

The company filed the opposition in response to Facebook's motion for summary judgment requesting that the lawsuit be dismissed. The trademark infringement lawsuit began when Timelines sued Facebook one week after it learned the social media website had launched a new feature that allows users of the website to create virtual timelines with photos, videos, and other media devices.

As Timelines' website Timelines.com provides users a relatively similar online service, the company filed the lawsuit against Facebook alleging trademark infringement and claiming that Facebook's new feature would drive Timelines out of business.

In its motion for summary judgment, Facebook argued that though Timelines has three U.S. trademark registrations for the word TIMELINES in conjunction with software services provided over the internet, the term is generic and does not warrant protection. The January 31st motion claimed that since the term is defined as "an arrangement of events or other information in chronological order," and Timelines provides a service that allows users to record and connect events in a specific order, the trademark is merely descriptive of its services.

Timelines countered that genericness should be determined by a jury, rather than in a motion for summary judgment, due to the fact-intensive nature of the process. Timelines also countered Facebook's claims that the term's genericness is evidenced by its appearance in numerous dictionaries.

"Facebook forgets that its very name comes from the 'generic' name that was given to certain college picture books known as 'face books,'" Timelines said. "Moreover, Facebook's own trademark history demonstrates that it seeks trademark protection for terms that appear in dictionaries, including 14 trademark applications for the term 'like' alone, almost all of which concern Facebook's 'Like' button, which its users click on when they ... like something."

Timelines is seeking damages and a permanent injunction prohibiting Facebook from using TIMELINES or any similar version of the trademark. Facebook is requesting a declaratory judgment that the website's timeline feature does not infringe Timelines' trademarks in addition to cancellation of those trademarks.

San Diego - Neil Young has filed two trademark applications in order to promote his impending music service Pono. Pono will offer digital-to-analog music downloads along with portable music players.

Young has long looked down upon the quality of music available for MP3 players and the big businesses that he claims do not know what good music should sound like. According to his new memoir, Waging Heavy Peace, Young is attempting to "rescue recorded sound so people can feel music again."

Pono, which is Hawaiian for righteous, will attempt to provide music that is "the best it can be". He wants the music to have all of the nuance and clarity of the original work and Young will have each song certified by the artist or record company that owns the rights to the work before it will be offered on Pono.

Young has begun testing the Pono sound by playing his digital-to-analog tracks in a 1978 Cadillac Eldorado for big names in music, such as Kid Rock, Beastie Boys' Mike D, members of the Red Hot Chili Peppers, and Tom Petty. He recorded the various artists' reaction to the music to use in marketing campaigns.

Young filed trademark applications for PONO PROMISE and 21ST CENTURY DIGITAL near the beginning of December, both of which he is already using on his website, mypono.com. Young registered the trademarks for both online and retail store services along with MP3 players and other devices used to listen to music and music cases.

Investor Gigi Brisson, who registered the mypono.com domain name and is listed in a recent U.S. Securities and Exchange Commission filing as a director of one of Young's companies Ivanhoe Inc., said that it is too early to say much about Pono. He said that the company is still in its infancy and anything could happen, as there are still too many variables involved.

Young, however, has put Pono on Facebook and Twitter and has been trying to spread word about the project. According to tweets by Young, Pono's web-based music library will be in place by summer 2013 and he expects to have digital-to-analog portable players ready for purchase around the same time.

San Diego - Tim Tebow's "Tebowing" slogan is now one-step closer to trademark registration. "Tebowing" became a widespread phenomenon when the second year player now with the New York Jets was photographed bowing in prayer in the end zone. His pose, head bowed, down on one knee, with a clenched fist against his forehead quickly became a sports fan favorite.

Not long after the pose became popular, Jared Kleinstein, a Denver-born Broncos fan, started a website, www.tebowing.com, and began using Tebow as a verb. At that time, Tebow approved of the growing phenomenon, even going as far as to say he loved the hype over "Tebowing" on his twitter account. Later that year, Kleinstein filed an application to trademark the slogan "Tebowing" and began to sell items of clothing with the phrase on it.

However, as the Kleinstein application moved forward, XV Enterprises, a marketing and consulting firm owned by Tim Tebow, protested the application. Through his trademark attorney, Tebow argued that consumers would incorrectly think the Kleinstein goods were connected to Tebow or his charity the Tim Tebow Foundation. XV Enterprises hopes to register the trademark on Tebow's behalf for use on such items as clothing, pencil sharpeners, and holiday ornaments.

Because of XV Enterprises' opposition, the trademark office issued a refusal of registration to Kleinstein in February saying the material "includes matter which falsely suggests a connection with Tim Tebow. Accordingly, registration is refused under Trademark Act Section 2(a)." U.S. Patent and Trademark Office records show that there have been a number of applications for Tebow related trademarks in the last year. Most of the applications have already been rejected. After Kleinstein's recent application for "Tebowing" was rejected, Tebow's company immediately filed an application to claim the trademark.

In early October, the trademark "Tebowing" was published for opposition. As such, the trademark will be published and anyone who wants to oppose the registration has 30 days to provide adequate reasoning why the registration should not move forward. If no one opposes the registration, or the opposition is ruled to be unsubstantiated, then Tim Tebow's company will officially own the trademark for "Tebowing".

San Diego - The U.S. Patent and Trademark Office's Trademark Trial and Appeal Board has affirmed a PTO examiner's refusal to register the trademark "Verde" to Verde Power Supply Inc., saying the proposed trademark as used in connection with the company's goods is only descriptive.

Verde Power Supply refused to provide the examiner with information she requested during the registration process about the company's business operations, on the grounds that doing so would reveal its trade secrets, the TTAB said. TTABlog first reported the board's ruling on Wednesday.

The company applied to register the trademark in January 2010 for electrical and electronic devices for power supply technology, including power supply units, current-voltage converters, DC converters and electronic power supply circuitry.

After the company declined to divulge its claimed trade secrets, the examining attorney asked whether the goods are energy efficient or environmentally friendly. Verde Power Supply did not acknowledge the questions or provide any information regarding the goods, and did not mention them on appeal either, the TTAB said.

"Applicant did not contest the revised request on the ground that it would require applicant to divulge trade secrets, or that it was not legitimate; applicant did not make any response to this request whatsoever," the board said.

The examiner's questions regarding energy efficiency and environmental friendliness were proper to ask, as they concern facts that pertain to the descriptiveness refusal, the TTAB said.

Noncompliance with a legitimate requirement for information or materials can, in and of itself, be a valid basis for denying registration, according to the board.
"We make the presumption that the answers to the examining attorney's questions would be unfavorable to applicant, and that applicant's goods are both environmentally friendly and energy efficient," it said.

The trademark "Verde" would directly and immediately convey to the purchasers of electrical and electronic devices that the equipment in question is environmentally friendly, the board said.

TTAB Judge Ellen Seeherman dissented from the majority ruling, saying that the PTO has failed to prove that "Verde" is merely descriptive.

The office has not shown that Spanish-speaking purchasers of Verde Power Supply's goods would understand "Verde" as having the meaning of energy efficient or environmentally friendly, or that those purchasers would immediately understand from the trademark athat the goods have those qualities, she said.

San Diego - The U.S. Patent and Trademark Office has quietly adopted a more stringent approach to registering "green" trademarks, in practice if not in policy, requiring that applicants demonstrate their genuine environmentally friendly qualities.
Trademark examiners have reportedly started to deny increasing numbers of applications for green trademarks that do not include a statement of environmental friendliness. The trend was first noted by TriplePundit.com in early October, and Forbes subsequently picked up the story, but neither article directly cited hard evidence in support of the reports.

The PTO is said to be refusing the trademark applications on the grounds that the Lanham Act allows it to deny applications that contain deceptive content. Such a justification could suggest that the PTO is taking the initiative to aid in combating the practice of "greenwashing" products that do not actually live up to their green claims.
The PTO, for its part, said no policy change was afoot.

"Contrary to recent reports, the PTO has not adopted a new policy for trademark applications that include the word 'green,'" a PTO representative said Friday. "In fact, there has been no recent policy statement or change in this area."
"All applications are reviewed for statutory compliance with the provisions of the Trademark Act, including Section 2(a) which prohibits the registration of deceptive matter (among other things)," the representative said.

The PTO declined to comment on whether any recent denials of applications could have given rise to policy rumors.

The office doesn't have to adopt or announce any formal new policy to subject green trademarks to greater scrutiny, though, trademark attorney Michael Tschupp said. The PTO already has guidelines and procedures in place for examiners confronted with potentially deceptive matter in a trademark, and that guidance includes provisions for environmental claims, he said.

Tschupp, the proprietor of green trademark news blog SustainableMarks.com, said his own clients have not yet reported any newly aggressive approaches to their green trademarks on the part of PTO examiners. Applicants can expect to see more denials based on deceptiveness going forward, though, he said.

When a trademark conveys some information about a product that is not accurate, the PTO has two basic options, Tschupp said: refuse to register it on grounds of misdescriptiveness, or go a step further and refuse it as deceptive.

A misdescriptiveness refusal can be overcome, and still leaves open the possibility of registering the trademark on the supplemental register, rather than the principal register, Tschupp said. A refusal based on deception, though, is more serious, making the trademark unregisterable under any circumstances, and that is what applicants are now starting to see at the PTO, he said.

An increase in those refusals for green trademarks could lead to challenges to environmental friendliness claims showing up in trademark infringement disputes and litigation, Tschupp said.

"As people are now having to explicitly make these claims in their applications, defendants are going to be able to challenge the underlying environmental benefit of these products," he said. "It basically creates a whole new defense."
The reports of green trademark refusals come on the heels of the Federal Trade Commission's recent updates to its Green Guides on environmental marketing claims.
The Green Guides outline general principles that apply to all environmental marketing claims and provide guidance regarding many specific environmental benefit claims. The guides explain how reasonable consumers likely interpret each such claim, describe the basic elements necessary to substantiate it, and present options for qualifying it to avoid deception.

Both the PTO and FTC developments can be seen as part of a greater attempt to crack down on greenwashing on the part of the Obama administration, according to Tschupp. Trademark examiners in particular now have much better guidelines for defining what is and is not green to use as a basis for deceptiveness decisions, Tschupp said.
"They have a measuring stick they didn't really have before," he said.

San Diego - There is enough of a possibility that William Wrigley Jr. Co.'s Swerve sugar-free chewing gum is infringing a trademark for the name Swerve for artificial sweeteners to consider a preliminary injunction barring Wrigley's use of the name is warranted, an Illinois federal judge ruled Friday.

Swerve IP LLC had asked for the preliminary injunction in Wrigley's declaratory judgment lawsuit seeking to avoid liability for infringing Swerve IP's trademark. Judge Harry D. Leinenweber put off his final decision on Swerve IP's motion until a hearing can be held, but ruled that it is possible for Swerve IP to succeed on the merits of its argument.

Swerve IP holds the trademark for the word Swerve in relation to the company's all-natural non-sugar sweetener, which it has used since 2001. The U.S. Patent and Trademark office officially registered the trademark in September 2009, covering natural sweeteners including a large class of food and candy products.

The sweetener is sold through online retailers and some physical stores, and is used in the commercial manufacture of some food products, but Swerve IP hopes to expand into more mainstream markets, including chewing gum, according to the judge.
Wrigley's popular "5" brand of chewing gum, meanwhile, features a flavor called Swerve, so named because it allegedly changes flavors as it is chewed. The gum is mainly sold in grocery and convenience stores.

Wrigley learned of Swerve IP's trademark in 2010, and at that time applied to register the trademark for the word Swerve in relation to chewing gum. Swerve IP opposed the registration, and the matter remains pending before the PTO's Trademark Trial and Appeal Board.

The gum maker launched its Swerve flavor in July 2011, and a few months later Swerve IP sent it a cease and desist letter, which prompted Wrigley to file its declaratory judgment complaint after settlement talks arising from the TTAB proceeding failed.
Testimony given so far reflects a concern that Swerve gum's flooding the market would undermine the sweetener's independent reputation for being all-natural, the judge said. Such a fear implicitly reflects the assumption that the customer would connect the brands, consistent with a reverse confusion theory, he ruled.

From the consumer's perspective, the Swerve trademark is arbitrary as to the sweetener but suggestive as to the gum, and so is therefore protectable, Judge Leinenweber said.
It appears that other manufacturers, and even Wrigley in the 1980s, have co-branded gum and candy products with sweeteners, according to the judge. Accordingly, the public may well believe that Swerve sweetener has somehow become affiliated with sugar-free Swerve gum, he said.

San Diego - It has been a banner year for sport's stars and their trademarked catchphrases. Witnessing the popularity of trademark licensing and the tremendous opportunity to profit from marketing products with trademarked names and phrases, it seems that athletes are scrambling to find the latest popular catchphrase to trademark.

Jeremy Lin filed for Linsanity, Tim Tebow filed for Tebowing, Bryce Harper filed for "That's a Clown Question, Brow", and now basketball phenom Anthony Davis has filed for "Fear the Brow" and "Raise the Brow" for trademark protection with the United States Patent and Trademark Office. Davis stated that he filed the trademark applications to ensure that no other parties would profit from the feature that has made him instantly recognizable. And although most people would not consider the possession of a uni-brow a positive attribute, the basketball star insists that it is one of his best features and he intends to profit from it.

In addition to the profits for Davis and his family from the uni-brow trend, Anthony Davis is riding a wave of popularity since he was drafted last Thursday. Known as much for his connected eyebrows as his on-the-court abilities, Davis was celebrated with top selling t-shirts sold during Wildcat games that read, "Fear the Brow".

Among his accomplishments, Davis garnered countless awards, led Kentucky to an undefeated 2011-2012 season, helped his team win the 2012 NCAA Basketball Championship and won the NCAA Tournament Outstanding Player award. The power forward and center played just one year with the Kentucky Wildcats before announcing plans to forego the remainder of his college career and become a professional.

Considering the risks and rewards, fans, coaches and sports analysts were surprised by the move. However, given the tremendous momentum of Davis' career thus far, most experts anticipate a smooth transition from college to professional player. And as a first round pick by the New Orleans Hornets, the start of the rookie's first year is highly anticipated. No information has been released yet about potential manufacturers of apparel or sports memorabilia, but given the spectacular rise to fame of the young basketball star, it is likely that the eyebrow trend will prompt successful sales of fan gear.

San Diego - The fashion industry has long been rife with unauthorized copying of designs, logos and fabrics. Quite simply, it's much cheaper and easier to copy successful designs than to create new ones from scratch. Moreover, new designs come out so frequently that designers ignore most knock-off copies of their products. Lawsuits are often time-consuming and expensive. While it can be difficult for a company to copyright a design, a company can register elements of a design as a trademark. For example, the shape of a bag's flap, patterns on fabric, fabric closures or the look and feel of a strap can be registered for trademark protection with the USPTO.

Despite the prevalence of copies and the difficulty prosecuting knock-off designs, there have been a number of high profile fashion houses that have bucked the trend and taken competitors to court to protect distinctive designs. Luxury shoe designer Christian Louboutin took its rival Yves Saint Laurent to court to protect its famous red-soled shoe, Hermes sued a retailer that sold a transparent rubber version of its Birkin Bag, and most recently, Gucci took Guess to court over unauthorized use of its four distinctive logo designs.

Though the lawsuit was initiated over three years ago, a federal judge recently handed down a decision that awarded monetary damages for the unauthorized copy of design elements by Guess and its footwear licensee, Marc Fisher. Gucci was also granted an injunction to prevent the use of three of four well-known "Square G" trademarks named in the original lawsuit. The trademarks listed in the lawsuit were the green and red stripe, the interlocking "G" pattern, the square "G" and the brand name's delicate script font . In its original pleadings the Italian company asked for $120 million dollars in damages, claiming Guess's appropriation of its logos diluted its brand, confused customers and caused it to lose profits.

The case, decided in U.S. District Court in the Southern District of New York, primarily hinged on the use of the interlocking "G" logo on Guess handbags. The luxury design label argued that some of the Guess designs were too similar to its own to be anything less than "studied imitations". Gucci also objected to the use of its recognizable brown and beige material and design elements such as the distinctive green-red-green stripe. The $4.66 million dollar award against the Los Angeles based company, represented the profit made by all products utilizing the unauthorized logo. Despite its win, Gucci claimed that the damages awarded represent only a tiny slice of the money obtained from the wallets, belts, shoes and other items designed to mimimic it's designs. However, Judge Shira Scheindlin held that Gucci was not entitled to further damages reflecting lost sales or harm to its brand, calling its analysis for computing damages "highly speculative."

San Diego - The United States Patent and Trademark Office (USPTO) issued office actions recently showing that it will register the term "Linsanity" to NBA player Jeremy Lin. The catchphrase had become the source of much talk and argument in the last year. With the meteoric rise of the young player from undrafted nobody, to starter with the New York Knicks, Lin gave the fans the chance to cheer for something different and unique. However, clearly there were other people who had aspirations of capitalizing on the newest NBA catchphrase. Lin's filing came six days after a filing by a California man in early February, as well as additional filings by unrelated individuals on February 9th and 14th.

The USPTO typically grants trademark rights to users who file first. However, due to the fact that the LINSANITY trademark contains Lin's name and is a clear reference to him, the USPTO has rejected the applications filed by persons other than Jeremy Lin.

Jeremy Lin is a California native who went to Harvard University and managed to garner a contract with the Golden State Warriors after graduating in 2010. Despite not having had a scholarship or any draft prospects after graduation, Lin achieved success against all odds.

One of just a few Asian Americans in the NBA, Lin seldom saw any court time and was assigned to the NBA Development League three times in his rookie season. He was later waived by the Warriors, and then the Houston Rockets, before being picked up by a third team, the New York Knicks. Lin joined the Knicks for the 2011-2012 season, and despite playing in the Development League for a good portion of the season, ended up leading the Knicks to a surprising winning streak at the end of the season. The subsequent global following has been labeled "Linsanity" by fans and has generated much talk in the last year.

The use of trademarked terms and catchphrases in professional sports has long been a huge moneymaker for owners, players and purveyors of sporting goods. Lin's status on the court may be questionable next year, but he is still a huge draw with fans. And with the global success of Lin's shoes, jerseys, fan gear and ticket sales, "Linsanity" will undoubtedly continue, at least for a little while longer.

San Diego - While it is not surprising to see the wide variety of unique baby monikers popping up everywhere, some may see it as surprising to see that Beyonce and Jay-Z have recently trademarked their new baby's name "Blue Ivy".

On its face, one might think it seems downright crazy that someone would go to the trouble and expense of actually trying to prevent other parents from using a particular name. However, there is more to their seeming madness than meets the eye.

Though the birth of a child or a child itself would not necessarily be considered unique and original enough to necessitate trademark protection, the use of a baby's name for product branding the incentive for Trademark protection. In this case, the branding of future products is the ultimate goal Beyonce and Jay-Z had in mind. As the creators of a number of popular clothing lines and other products, both Beyonce and Jay-Z, are no strangers to the world of product branding. It is also not surprising that they would consider the birth of their first child ample inspiration for the creation of a line of clothing or other items. Born January 7th, in New York City, it is speculated that little Blue Ivy will most likely be the miniature muse for a future line of baby clothing and children's items.

So what does that mean for the average parent looking to name their child Blue Ivy or parents seeking to protect their own unique moniker? Trademarking a name obviously does not prevent other parents from using your child's name. As such, parents would only be protected from other parents trying to financially profit from the use of a registered name. For example, if you named your child Greyhound, the bus company would only have a claim if you created a rival bus company named after and based around your offspring. So those of you looking to name your baby Blue Ivy, feel free to use the name, as long as you don't plan on using the name later to start a clothing line or any other similar project for profit.

San Diego - The trademarked red wax top of Maker's Mark Distillery's bourbon is here to stay. The U.S. Court of Appeals for the Sixth Circuit released its judgment which upheld an original ruling in a trademark infringement case between Maker's Mark and Jose Cuervo International that dates back to 2003.

The 19 page opinion made by Judge Boyce Martin states, "Distillers compete intensely on flavor, but also through branding and marketing; the history of bourbon, in particular, illustrates why strong branding and differentiation is important in the distilled spirits market." This statement goes without saying that any distinct trademark that goes into the making of a product should be considered in a products marketing. This idea paid off for Maker's Mark which spends about $22 million a year in marketing its bourbon.

Maker's Mark, created in 1953, began using the red wax dripping on its bottles in 1958 when Margie Samuels experimented with the idea using her deep fryer in Loretto, Kentucky. The signature seal was trademarked in 1985. Maker's Mark filed a lawsuit to protect its trade dress in 2003 against Jose Cuervo International who was using a similar wax seal dripping on its bottles of Reserva. Cuervo's Reserva collection began selling in the United States in 2001. However, after a judge ruled that Maker's Mark had rights to the trade dress, Cuervo changed its bottles to a "straight-edged wax seal".

When the court ruled that Cuervo was infringing on Maker's Mark trademark, the famous tequila brand not only had to change the appearance of its bottles but Cuervo's affiliates were also affected. Diageo North America and Casa Cuervo of Mexico were ordered to stop using the red wax dripping as well after Maker's Mark requested an injunction against the companies. Its injunction was granted in 2010 and therefore the liquor companies were prohibited from using the red wax seal. Diageo appealed the ruling, which the Court of Appeals has recently upheld.

In a statement made by Maker's Mark Chief Operating Officer Robert Samuels, he stated that the "outcome confirming that our unique trade dress cannot be infringed is great news for fans of Maker's Mark, those who handcraft our bourbon, and those who individually dip each bottle every day." A representative of Diageo North America simply stated that the company was "disappointed with the ruling".

San Diego - Our friends down under are moving toward enforcing tougher anti-smoking laws. In response, the world's big four tobacco firms head to Australian high court to protect their trademarks and logos from Australia's warnings about lung cancer and the associated disturbing images.

Beginning in December, all cigarettes sold in Australia will have to be packaged in olive-green packs with stark health warnings, graphic images, and no brand logos. The manufacturer name will only appear in small, standard font.

This move has large tobacco companies such as Phillip Morris, Imperial Tobacco, Japan Tobacco International, and British American Tobacco fuming, claiming that the new laws which force them to sell their products in unbranded packaging is unconstitutional because it allows the Australian government in essence to acquire their intellectual property, trademarks and logos, without any compensation.

The move by the Australian government to only permit the sale of tobacco products in the unbranded packaging is expected to influence other countries to adopt the same laws. Last week, lawmakers in New Zealand agreed to introduce all tobacco products in unbranded packages with the same warnings, based on Australia's legislation.

Acting on behalf of Japan Tobacco International, the owner of Camel and Silk cut, Gavan Griffith stated that Australia's new laws would use one hundred percent of the back of each cigarette packet and seventy percent of the front for the warnings and lung cancer images. The company's trademark Camel would be reduced to a "bare husk," according to Griffith.

"We say our trademarks are extinguished," said Griffith in court.

The tobacco giants are basing their argument on a part of the Australian constitution which states that the "acquisition of property" by the state must be on "just terms", which means that compensation must be paid.

In response to the constitutional example presented by the tobacco companies, the Australian government said that it would be inappropriate for it to compensate companies for their trademarks for requiring them to market their products in a way that would prevent damage to public health. Adding insult to injury, Australia's high court chief justice, Robert French, said that this particular case was in a "different category" because of the risk of fatal health issues caused by smoking.

Regardless of tougher anti-smoking laws and campaigns in the U.S. and Australian markets, in 2010 British American Tobacco reported an increase in profits of 5%, while Phillip Morris International, the manufacturer of the Marlboro brand, reported a 15% increase in profits last year. The increase was largely due attributed to growth in the Asian market.

San Diego - The United States Patent and Trademark Office has recently registered the trademark "SQS" to American rocker Neil Young. The "SQS" reportedly stands for "studio quality sound."

Last year, Young issued a press release stating that he was actively pursuing a music format that provides a much richer sound experience than the common MP3 format. A statement from the press release reads:

"Young is also personally spearheading the development of Pono, a revolutionary new audio music system presenting the highest digital resolution possible, the studio quality sound that artists and producers heard when they created their original recordings. Young wants consumers to be able to take full advantage of Pono's cloud-based libraries of recordings by their favorite artists and, with Pono, enjoy a convenient music listening experience that is superior in sound quality to anything ever presented."

Neil Young's new music format will apparently use a technology similar to Direct Stream Digital (DSD). DSD uses 1-bit sampling at 2.8224 Mhz, which is sixty-four times greater than the 44.1 Khz used in CD's. With the new format, a consumer's average music file could possibly be as large as 300 MB to hold the entire set of studio sound data.

Rolling Stone Magazine recently reported that Young's Pono platform has had six trademark filings thus far, which are Ivanhoe, 21st Century Record Player, Earth Storage, Storage Shed, Thanks for Listening, and SQS. Young's SQS trademark is described as "audio and video recordings featuring music and artistic performances; high resolution music downloadable from the Internet; high resolution discs featuring music and video of music and artistic performances; pre-recorded digital media containing audio and video recordings featuring music and artistic performances for storage and "playback" as well as "online and retail store services featuring music and artistic performances."

Young's reasoning behind the new format was that he claimed the sound of modern music made him "angry" and stated that today's audio quality is the "worst sound we've ever had." He also stated that Apple co-founder, the late Steve Jobs, would have been able to help him preserve the sound quality of vinyl and also said that digital downloads were "degrading" the standard of audio.

San Diego - A phrase long known to the students and fans of Miami University in Ohio to describe its athletic program has now been registered as a trademark. The "Cradle of Coaches" phrase is now being recognized by the United States Patent and Trademark Office as an official trademark, with the University having exclusive rights to it.

Bob Kurz, former Miami Sports Information Director, recalled in his 2002 book titled "Miami of Ohio, The Cradle of Coaches," how he first developed the phrase fifty-three years ago.

"Driving back to Oxford (Ohio) one Saturday night in late October (1959), the car radio was tuned to a station picking up a game from Tiger Stadium in Baton Rouge, Louisiana. LSU, coached by Paul Dietzel who was a 1948 Miami graduate, was pitted against Mississippi State as I recall. The ear-splitting noise cascading down from the stands made it hard to hear the play by play. It was college football in the South, and I think I was hearing it and feeling it for the first time. It gave me an idea."

"The next morning after church, I went to the office. That was my usual Sunday morning ritual. Perusing the Sunday papers, I jotted down the record of the Miami alumni in the college and professional ranks. Red Blaik, Miami '18, the legendary Army Coach; Weeb Ewbank, Miami '28, Baltimore Colts; Paul Brown, Miami '30, Cleveland Browns; the aforementioned Dietzel; Ara Parsehgian, Dietzel's teammate and classmate, and finally John Pont, Miami '52, and current Miami coach. I threw in Sid Gillman, the Miami coach of Dietzel, Parseghian and Pont, from the NFL."

"Here it was, more than halfway through the season, and these Miami coaches had yet to lose ten games combined. There's a story there, I said to myself, as I put a blank sheet of paper in the typewriter. And on the blank sheet of paper, citing this amazing phenomenon, I called Miami the Cradle of Coaches."

In 2004, Kurz and his wife presented the University with a generous monetary gift to build The Cradle of Coaches Plaza. This fall, a statue honoring former coach Paul Brown will be added to the already-erected statues of coaches Blaik, Ewbank, Dietzel, Parsehgian, Pont, and others.

Now that the school owns the nationwide rights to control the trademark, it may pursue licensing opportunities and will of course police the trademark in the event it is infringed.