Las Vegas Trademark Attorney

Geisha LLC d/b/a Japonais v. Tuccillo, No. 05 C 5529, Slip Op. (N.D. Ill. Mar. 13, 2009) (Pallmeyer, J.).*
Judge Pallmeyer denied plaintiff’s motion for summary judgment regarding its Lanham Act false designation claim. Plaintiff began using the Japonais mark in conjunction with its Chicago area European/Japanese fusion restaurant in 2003. Plaintiff later opened New York and Las Vegas locations. But plaintiff did not register the Japonais mark. In 2004, defendant filed an intent to use trademark application for the Japonais mark to be used in connection with restaurants. In order to receive the registration, defendant was required to use the mark in commerce. Once that use occurred and was properly documented, defendant’s mark would have a 2004 constructive use date, as opposed to the later date of actual first use. Defendant has filed a verified statement of use, so the parties agree that defendant’s registration is a formality. Plaintiff, however, believed that it would succeed in a cancellation proceeding against the mark.
The Court noted that as the senior user, plaintiff had a right to use the mark in the Chicago area. But there was a question of fact as to whether plaintiff’s later opened New York restaurant had sufficiently penetrated the New York market before defendant’s 2004 constructive use date. Furthermore, to the extent plaintiff had actual notice of defendant’s application, any rights plaintiff might have had in New York would not be enforceable against defendant. Furthermore, the Court noted that granting plaintiff’s motion could result in the bizarre outcome of defendant being liable for violating plaintiff’s trademark today, but tomorrow, after issuance of defendant’s mark, defendant may be able to assert the trademark against plaintiff.
* For more on this case, click here to read the Blog’s archives about the case or here for a Las Vegas Trademark Attorney post about the case.

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Blawg Review #182 is up at Dave Gulbransen’s blog — click here to read it. Having just passed the Illinois bar exam (congratulations), Gulbransen did his review in the form of the multiple choice portion of the exam. You can even check your answers. Gulbransen’s exam contains a heavy dose of IP, unlike the exam itself. Here are a few of the IP posts:
Citizen Media Law Project — discussing Digital Millennium Copyright Act take down notices as used by, or against, the presidential campaigns and how the appeal process does not help campaigns because it takes 10 – 14 days.
Las Vegas Trademark Attorney — discussing a suit over the Little House on the Prairie trademarks.
Mass Law Blog — discussing an award of attorney’s fees based upon “advocacy abuse” when plaintiff’s counsel argued outside the claim constructions at trial.

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Jones Day v. BlockShopper.com, No. 08 C 4572 (N.D. Ill.) (Darrah, J.).
As I have described in earlier posts (click here, here and here) plaintiff Jones Day sued defendants, BlockShopper LLC and two individuals associated with the website (collectively “Blockshopper”), for allegedly using Jones Day’s service marks and linking to its website in at least two articles discussing Chicago real estate transactions of Jones Day associates. Jones Day claims service mark infringement, Lanham Act false designation of origin, Lanham Act dilution, and state law deceptive trade practices and unfair competition. Plaintiff also moved for a temporary restraining order (“TRO”). The parties stipulated to a TRO which the Court entered ordering defendants not to: 1) use Jones Day’s service mark; 2) use any content from or link to Jones Day’s website; or reference Jones Day in Blockshopper headlines.
Last Friday, Blockshopper filed a motion to dismiss. And several public interest groups — the Electronic Frontier Foundation, Public Knowledge and the Citizen Media Law Project — has sought leave to file this amicus brief supporting Blockshopper’s motion to dismiss. Jones Day opposed the motion, arguing that the three groups and their arguments do not meet any of the Seventh Circuit’s standards for amicus filings. I will keep you posted about the case generally and as to whether the Court enters the amicus brief.
And the case continues to draw fairly strong legal blog interest:
The Prior Art
Real Lawyers Have Blogs (LexBlog’s Kevin O’Keefe)
Public Citizen at its Consumer Law & Policy blog (acknowledging that he was incorrect as to the timing of an alleged quote from Judge Darrah, which he also did in a comment to my post discussing the alleged quote)
Las Vegas Trademark Attorney
Citizen Vox
Ars Technica (and here, discussing the amicus brief)
The legal blog commentary continues to run heavily against Jones Day and in favor of Blockshopper.

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Shortly after my Friday post updating the list of regional IP blogs, Mark Walters, of the Washington State Patent Law Blog, pointed out that I had left him off the list. The mistake was unintentional and I have remedied it in the original post and the list that follows this paragraph. In the process of gathering links to revise my list, I came across the Georgia Patent Law Blog in the Washington State Patent Law Blog’s blogroll. So, now I have two blogs to update:
Australian Trademarks Law Blog*
Canadian Trademark Blog
Delaware IP Law Blog
E. D. Texas Blog
Florida IP Blog*
Georgia Patent Law Blog (N.D. Georgia)
Illinois Trial Pratice Weblog (okay, it is not IP specific, but it is regional and provides excellent content)
IP Dragon(China)
IP Legal Lounge
Las Vegas Trademark Attorney
Los Angeles Intellectual Property Trademark Attorney Blog
Maryland Intellectual Property Law Blog*
Patent Trademark Blog(some Orange County focus)
Seattle Trademark Lawyer Blog
Tech Law Forum Blog (N.D. Cal.)
Washington State Patent Law Blog
If you know of other regional IP blogs, post a comment or send me an email and I will add them to the list.
*These are blogs developed and hosted by LexBlog just like this Blog.

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Since my last post listing the Blog’s “cousin” blogs — regional IP blogs – another has joined the family. The Los Angeles Intellectual Property Trademark Attorney Blog, published by Milord & Associates. Welcome to the family. Here is the revised list:
Australian Trademarks Law Blog*
Canadian Trademark Blog
Delaware IP Law Blog
E. D. Texas Blog
Florida IP Blog*
Illinois Trial Pratice Weblog (okay, it is not IP specific, but it is regional and provides excellent content)
IP Dragon(China)
IP Legal Lounge
Las Vegas Trademark Attorney
Los Angeles Intellectual Property Trademark Attorney Blog
Maryland Intellectual Property Law Blog*
Patent Trademark Blog(some Orange County focus)
Seattle Trademark Lawyer Blog
Tech Law Forum Blog (N.D. Cal.)
If you know of other regional IP blogs, post a comment or send me an email and I will add them to the list. A hat tip to Mike Atkins for pointing out the new blog at his Seattle Trademark Lawyer blog.
*These are blogs developed and hosted by LexBlog just like this Blog.

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