The latest legal squabble over the name began when Nolan and Baker tried to trademark Original Bucks Fizz – but were refused by G – who owned the original trademark.. In return Nolan and Baker objected to G's continued use of the Bucks Fizz name, arguing that as their group had more original members they should have the rights to it.
However a ruling by the Intellectual Property Office has sided with G – stating that given Buck Fizz existed in all sorts of incarnations over the years, the amount of original members any one outfit involves was not relevant.
Nolan, Baker et al told reporters they were "bitterly disappointed" with the ruling, and planned to appeal.
read more: http://www.musicweek.com/story.asp?sectioncode=1&storycode=1046414&c=1
Wednesday, 31 August 2011
Tuesday, 30 August 2011
Register Trademark in Malaysia
Trademark
If you wish to register trademark in Malaysia, please visit Tiger Intellectual.
Pact signed to support EAC clearing agents
Kampala. Federation of East African Freight Forwarders Associations has signed a pact with Trademark East Africa (TMEA), for the latter to give $1 million (Sh1.5 billion) to support clearing agents training programme aimed at improving regional trade.The memorandum of understanding (MOU) agreement was signed over the weekend by the Federation of East African Freight Forwarders Associations (FEAFFA) president, Mr John Bosco Rusagara and Silas Kanamugire, who represented TradeMark East Africa (TMEA).
Speaking at the event, the FEAFFA Regional Executive Officer, Mr John Mathenge said the partnership was expected to enhance the delivery capacity of the regional freight forwarders training programme in the region.
“As a step towards improving trade logistics and the investment climate in East Africa, TradeMark will be a key partner as we continue to provide leadership in driving the EAC integration process on behalf of our members,” he said.
read more: http://thecitizen.co.tz/business/13-local-business/14231-pact-signed-to-support-eac-clearing-agents.html
If you wish to register trademark in Malaysia, please visit Tiger Intellectual.
Pact signed to support EAC clearing agents
Kampala. Federation of East African Freight Forwarders Associations has signed a pact with Trademark East Africa (TMEA), for the latter to give $1 million (Sh1.5 billion) to support clearing agents training programme aimed at improving regional trade.The memorandum of understanding (MOU) agreement was signed over the weekend by the Federation of East African Freight Forwarders Associations (FEAFFA) president, Mr John Bosco Rusagara and Silas Kanamugire, who represented TradeMark East Africa (TMEA).
Speaking at the event, the FEAFFA Regional Executive Officer, Mr John Mathenge said the partnership was expected to enhance the delivery capacity of the regional freight forwarders training programme in the region.
“As a step towards improving trade logistics and the investment climate in East Africa, TradeMark will be a key partner as we continue to provide leadership in driving the EAC integration process on behalf of our members,” he said.
read more: http://thecitizen.co.tz/business/13-local-business/14231-pact-signed-to-support-eac-clearing-agents.html
Saturday, 20 August 2011
Trademark in Malaysia
Trademark in Malaysia
SINGAPORE: A panel appointed by The Kuala Lumpur Regional Centre for Arbitration (KLRCA) has ruled in favour of PropertyGuru Group’s ownership of the domain name propertyguru.com.my in respect of the complaint filed by AllProperty Media Pte Ltd (“PropertyGuru”) against the use and registration of the propertyguru.com.my domain name in May by Think Media Sdn Bhd, a Malaysian company acquired by the iProperty group of companies in 2010.
It was ruled that iProperty had acted in bad faith and was requested to transfer the propertyguru.com.my domain back to PropertyGuru by August 4.
The panel comprising three legal specialists in intellectual property ruled:
“The panel appointed by KLRCA has clearly ruled that we are the rightful owners of propertyguru.com.my and that iProperty had acted in bad faith in relation to this. We are delighted that justice has been served and that we can continue to focus on providing the best possible service to our end users and advertisers," said PropertyGuru Group CEO Steve Melhuish .
As a result of iProperty's use of the propertyguru.com.my domain name, PropertyGuru had no choice but to operate its Malaysian website using the "homeguru.com.my" domain last year.
source: http://www.mmail.com.my/content/78791-propertyguru-wins-back-domain-name
SINGAPORE: A panel appointed by The Kuala Lumpur Regional Centre for Arbitration (KLRCA) has ruled in favour of PropertyGuru Group’s ownership of the domain name propertyguru.com.my in respect of the complaint filed by AllProperty Media Pte Ltd (“PropertyGuru”) against the use and registration of the propertyguru.com.my domain name in May by Think Media Sdn Bhd, a Malaysian company acquired by the iProperty group of companies in 2010.
It was ruled that iProperty had acted in bad faith and was requested to transfer the propertyguru.com.my domain back to PropertyGuru by August 4.
The panel comprising three legal specialists in intellectual property ruled:
- The propertyguru.com.my domain name was identical to PropertyGuru's "PropertyGuru" trademark, and was confusingly similar to PropertyGuru's propertyguru.com.sg and propertyguru.com.my trade marks.
- PropertyGuru had established goodwill and reputation with end users and real estate developers in the "PropertyGuru" trade mark in Malaysia since mid 2008.
- iProperty had used and registered the propertyguru.com.my domain in bad faith.
- iProperty, being a competitor of PropertyGuru, was fully aware of PropertyGuru's prior use, goodwill and reputation in the "PropertyGuru" Trademark in Malaysia.
- The registration and use by iProperty of home-guru.com.my which was closely similar to homeguru.com.my belonging to HomeGuru Sdn Bhd, the Malaysian company which forms part of the PropertyGuru group of companies further supported an inference of bad faith by iProperty in using and registering the propertyguru.com.my domain
- iProperty had failed to demonstrate any rights and legitimate interests in the propertyguru.com.my domain name
“The panel appointed by KLRCA has clearly ruled that we are the rightful owners of propertyguru.com.my and that iProperty had acted in bad faith in relation to this. We are delighted that justice has been served and that we can continue to focus on providing the best possible service to our end users and advertisers," said PropertyGuru Group CEO Steve Melhuish .
As a result of iProperty's use of the propertyguru.com.my domain name, PropertyGuru had no choice but to operate its Malaysian website using the "homeguru.com.my" domain last year.
source: http://www.mmail.com.my/content/78791-propertyguru-wins-back-domain-name
Monday, 15 August 2011
Trademark Dispute : Facebook vs. Shagbook
source: http://mashable.com/2011/08/04/facebook-vs-shagbook/ and http://www.scribd.com/doc/61627005/Facebook-vs-Shagbook
In an eyebrow-raising trademark battle, Facebook filed suit against adult dating site Shagbook in May. Facebook’s contention: that the world’s largest social network would be “damaged by the issuance of a registration for the mark Shagbook.”
Shagbook has now filed its own opposition, along with counterclaims, with the United States Patent and Trademark Office.
As represented by SNRG Ventures, Shagbook, in the filing, “denies the allegation that Facebook is highly distinctive as it is a generic term.” It also challenges the validity of Facebook’s trademark, arguing that it should never have been granted.
Read more from above source link, if you wish to register trademark in Malaysia, Singapore, India and China, please visit
1) Trademark in Malaysia
2) Trademark in Singapore
3) Trademark in China
4) Trademark in India
In an eyebrow-raising trademark battle, Facebook filed suit against adult dating site Shagbook in May. Facebook’s contention: that the world’s largest social network would be “damaged by the issuance of a registration for the mark Shagbook.”
Shagbook has now filed its own opposition, along with counterclaims, with the United States Patent and Trademark Office.
As represented by SNRG Ventures, Shagbook, in the filing, “denies the allegation that Facebook is highly distinctive as it is a generic term.” It also challenges the validity of Facebook’s trademark, arguing that it should never have been granted.
Read more from above source link, if you wish to register trademark in Malaysia, Singapore, India and China, please visit
1) Trademark in Malaysia
2) Trademark in Singapore
3) Trademark in China
4) Trademark in India
Saturday, 13 August 2011
Trademark Lawsuit : Louboutin’s ‘Red Soles’
source : http://www.huffingtonpost.com/2011/08/11/louboutin-red-soles-lawsuit_n_924110.html
NEW YORK — In a court case that has all sides seeing red, a judge said Wednesday that a French maker of luxury shoes worn by stars such as Sarah Jessica Parker, Scarlett Johansson and Halle Berry will likely fail in its effort to stop other shoemakers from producing high-heeled women’s shoes with red soles.
U.S. District Judge Victor Marrero refused a request by Christian Louboutin to stop the sale of women’s shoes with red soles by competitor Yves Saint Laurent S.A.S., another French company based in Paris. Though the ruling came at an early stage of consideration of a lawsuit Louboutin brought in April, the judge said it will probably be tossed out.
He said it was unlikely Louboutin could defend an “overly broad” trademark granted in 2008 by the U.S. Patent and Trademark Office. The judge said the office was “perhaps swayed in part by the widespread recognition the red sole had already attained” as the shoes became a favorite of well-heeled famous clients. The trademark notes that the color red is claimed as a feature of the mark, which consists of a lacquered red sole on footwear.
“Awarding one participant in the designer shoe market a monopoly on the color red would impermissibly hinder competition among other participants,” Marrero wrote. He said it would be as if Picasso had sued Monet, saying he painted his water lilies with a distinctive indigo that Picasso used on his images of water.
He said Louboutin’s ownership claim to a red sole would harm competition not only in high fashion shoes, but potentially in the markets for other fashion articles as well, putting makers of dresses, coats, bags, hats and gloves in fear of lawsuits.
“Louboutin’s claim would cast a red cloud over the whole industry, cramping what other designers do, while allowing Louboutin to paint with a full palette,” he said.
Harley Irwin Lewin, a lawyer for Louboutin, said he was disappointed with the ruling and believes it was contrary to trademark law.
“He has decided that in the fashion industry, people shouldn’t own a trademark that consists of a single color regardless of its use and regardless of the fact the trademark has achieved trademark status with the public,” Lewin said. “We made a point of saying it isn’t on an article of fashion. It’s on the bottom of a shoe.”
Lewin said he believes he can appeal the ruling prior to trial but will not decide until speaking with the company.
At the appeals level, he added: “I think we win hands down.”
Jyotin Hamid, a lawyer for Yves Saint Laurent, said the company was pleased with the ruling.
“No designer should be able to monopolize a color in fashion,” he said. He said the company looks forward to continuing to manufacture red soled shoes, which it has been doing since the 1970s.
Marrero rejected claims by lawyers for Louboutin that the footwear designer only plans to enforce the trademark on high-heeled shoes and only in regard to specific shades of red, saying to do so would invite endless legal challenges and force judges to become “an arbiter of fashion design.”
He said upholding the trademark could also set off “imperial color wars in women’s high fashion footwear.” He suggested Yves Saint Laurent might act on its claim that it pioneered the monochrome shoe design and asserting rights to the single color shoe concept in all shades.
Marrero added: “What about hostile color grabs in the markets for low-fashion shoes? Or for sports shoes? Or expanding beyond footwear, what about inner linings, collars, or buttons on coats, jackets, or dresses in both women’s and men’s apparel?”
The judge said the trademark was unlikely to survive legal challenges “because in the fashion industry color serves ornamental and aesthetic functions vital to robust competition.”
Marrero acknowledged the enormous success Louboutin has achieved since the designer began in 1992 to apply glossy vivid red to the outsoles of his fancy women’s shoes, beginning with red nail polish he applied to the black soles of a pair of women’s shoes.
At prices up to $1,000 a pair, the shoes became a favorite of celebrities, causing the red outsole to become closely associated with the Louboutin name and leading even Yves Saint Laurent to acknowledge its success, “however begrudgingly,” Marrero wrote.
By this year, Louboutin was projecting sales of about 240,000 in the U.S. alone and envious competitors and black-market shoe makers are eager to capitalize on the success, the judge said.
Should you wish to register trademark in Malaysia, Singapore, India, China and over 140 countries, please visit below site
1) Trademark in Malaysia
2) Trademark in Singapore
3) Trademark in China
4) Trademark in India
NEW YORK — In a court case that has all sides seeing red, a judge said Wednesday that a French maker of luxury shoes worn by stars such as Sarah Jessica Parker, Scarlett Johansson and Halle Berry will likely fail in its effort to stop other shoemakers from producing high-heeled women’s shoes with red soles.
U.S. District Judge Victor Marrero refused a request by Christian Louboutin to stop the sale of women’s shoes with red soles by competitor Yves Saint Laurent S.A.S., another French company based in Paris. Though the ruling came at an early stage of consideration of a lawsuit Louboutin brought in April, the judge said it will probably be tossed out.
He said it was unlikely Louboutin could defend an “overly broad” trademark granted in 2008 by the U.S. Patent and Trademark Office. The judge said the office was “perhaps swayed in part by the widespread recognition the red sole had already attained” as the shoes became a favorite of well-heeled famous clients. The trademark notes that the color red is claimed as a feature of the mark, which consists of a lacquered red sole on footwear.
“Awarding one participant in the designer shoe market a monopoly on the color red would impermissibly hinder competition among other participants,” Marrero wrote. He said it would be as if Picasso had sued Monet, saying he painted his water lilies with a distinctive indigo that Picasso used on his images of water.
He said Louboutin’s ownership claim to a red sole would harm competition not only in high fashion shoes, but potentially in the markets for other fashion articles as well, putting makers of dresses, coats, bags, hats and gloves in fear of lawsuits.
“Louboutin’s claim would cast a red cloud over the whole industry, cramping what other designers do, while allowing Louboutin to paint with a full palette,” he said.
Harley Irwin Lewin, a lawyer for Louboutin, said he was disappointed with the ruling and believes it was contrary to trademark law.
“He has decided that in the fashion industry, people shouldn’t own a trademark that consists of a single color regardless of its use and regardless of the fact the trademark has achieved trademark status with the public,” Lewin said. “We made a point of saying it isn’t on an article of fashion. It’s on the bottom of a shoe.”
Lewin said he believes he can appeal the ruling prior to trial but will not decide until speaking with the company.
At the appeals level, he added: “I think we win hands down.”
Jyotin Hamid, a lawyer for Yves Saint Laurent, said the company was pleased with the ruling.
“No designer should be able to monopolize a color in fashion,” he said. He said the company looks forward to continuing to manufacture red soled shoes, which it has been doing since the 1970s.
Marrero rejected claims by lawyers for Louboutin that the footwear designer only plans to enforce the trademark on high-heeled shoes and only in regard to specific shades of red, saying to do so would invite endless legal challenges and force judges to become “an arbiter of fashion design.”
He said upholding the trademark could also set off “imperial color wars in women’s high fashion footwear.” He suggested Yves Saint Laurent might act on its claim that it pioneered the monochrome shoe design and asserting rights to the single color shoe concept in all shades.
Marrero added: “What about hostile color grabs in the markets for low-fashion shoes? Or for sports shoes? Or expanding beyond footwear, what about inner linings, collars, or buttons on coats, jackets, or dresses in both women’s and men’s apparel?”
The judge said the trademark was unlikely to survive legal challenges “because in the fashion industry color serves ornamental and aesthetic functions vital to robust competition.”
Marrero acknowledged the enormous success Louboutin has achieved since the designer began in 1992 to apply glossy vivid red to the outsoles of his fancy women’s shoes, beginning with red nail polish he applied to the black soles of a pair of women’s shoes.
At prices up to $1,000 a pair, the shoes became a favorite of celebrities, causing the red outsole to become closely associated with the Louboutin name and leading even Yves Saint Laurent to acknowledge its success, “however begrudgingly,” Marrero wrote.
By this year, Louboutin was projecting sales of about 240,000 in the U.S. alone and envious competitors and black-market shoe makers are eager to capitalize on the success, the judge said.
Should you wish to register trademark in Malaysia, Singapore, India, China and over 140 countries, please visit below site
1) Trademark in Malaysia
2) Trademark in Singapore
3) Trademark in China
4) Trademark in India
Friday, 12 August 2011
STREAMBANK, LLC TO MANAGE SALE OF BORDERS GROUP'S INTELLECTUAL PROPERTY ASSETS
Thursday 11/08/2011
AsiaNet 45874
KUALA LUMPUR, Aug. 11, 2011 /BERNAMA-AsiaNet/ –
The Bankruptcy Court for the Southern District of New York today approved the retention of Streambank, LLC to market and sell the intellectual property assets of Borders Group, Inc., including its Borders(R), Waldenbooks(R), and Brentano’s(R) trademark and the Borders.com e-commerce business assets. The Bankruptcy Court has authorized a sale process for the intellectual property assets that requires bids for the assets by September 8, 2011 and an auction on September 14, 2011.
Commenting on the sale, Streambank Principal David Peress noted “Borders has established a worldwide reputation as a leading destination for buyers of physical and digital media including books, eBooks, eReaders and related accessories. Borders remains engaged with its customers through the Borders.com e-commerce site which it expects to continue in business until transitioned to a new operator. In addition to its trademarks and e-commerce assets, Borders is the holder of a contiguous block of IPv4 addresses which it seeks to transfer to a qualified buyer.”
In accordance with the Bankruptcy Court Order approving the intellectual property sale process, Borders has the ability to provide certain protections to bidders who make meaningful non-contingent offers for the intellectual property assets. Parties with an interest in the intellectual property assets should contact David Peress at +1-781-444-4940 or dperess@streambankllc.com for more information.
About Streambank
Streambank is an advisory firm, specializing in the valuation, marketing, and sales of intangible assets for businesses at all stages. Streambank identifies, preserves, and extracts value for clients through the application of experience, diligence and creativity. The firm’s recent experience includes Robb & Stucky Furniture, Berkline/BenchCraft, Tavern on the Green, Anchor Blue, Movie Gallery, Circuit City Stores, KB Toys and other notable trademarks and brand names. Additionally, Streambank provides intangible asset valuation services to stakeholders in a variety of contexts including compliance and reporting, lending, and for the resolution of disputes. Streambank provides sound advice on value maximization strategies and liquidity options. Streambank is headquartered in Needham, MA and has offices in New York, NY.
SOURCE: Streambank, LLC
DATE OF RELEASE: 11 AUGUST 2011
RELEASED BY BERNAMA MEDIA RELATIONS & EVENT MANAGEMENT (MREM)
AsiaNet 45874
KUALA LUMPUR, Aug. 11, 2011 /BERNAMA-AsiaNet/ –
The Bankruptcy Court for the Southern District of New York today approved the retention of Streambank, LLC to market and sell the intellectual property assets of Borders Group, Inc., including its Borders(R), Waldenbooks(R), and Brentano’s(R) trademark and the Borders.com e-commerce business assets. The Bankruptcy Court has authorized a sale process for the intellectual property assets that requires bids for the assets by September 8, 2011 and an auction on September 14, 2011.
Commenting on the sale, Streambank Principal David Peress noted “Borders has established a worldwide reputation as a leading destination for buyers of physical and digital media including books, eBooks, eReaders and related accessories. Borders remains engaged with its customers through the Borders.com e-commerce site which it expects to continue in business until transitioned to a new operator. In addition to its trademarks and e-commerce assets, Borders is the holder of a contiguous block of IPv4 addresses which it seeks to transfer to a qualified buyer.”
In accordance with the Bankruptcy Court Order approving the intellectual property sale process, Borders has the ability to provide certain protections to bidders who make meaningful non-contingent offers for the intellectual property assets. Parties with an interest in the intellectual property assets should contact David Peress at +1-781-444-4940 or dperess@streambankllc.com for more information.
About Streambank
Streambank is an advisory firm, specializing in the valuation, marketing, and sales of intangible assets for businesses at all stages. Streambank identifies, preserves, and extracts value for clients through the application of experience, diligence and creativity. The firm’s recent experience includes Robb & Stucky Furniture, Berkline/BenchCraft, Tavern on the Green, Anchor Blue, Movie Gallery, Circuit City Stores, KB Toys and other notable trademarks and brand names. Additionally, Streambank provides intangible asset valuation services to stakeholders in a variety of contexts including compliance and reporting, lending, and for the resolution of disputes. Streambank provides sound advice on value maximization strategies and liquidity options. Streambank is headquartered in Needham, MA and has offices in New York, NY.
SOURCE: Streambank, LLC
DATE OF RELEASE: 11 AUGUST 2011
RELEASED BY BERNAMA MEDIA RELATIONS & EVENT MANAGEMENT (MREM)
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