Martha Stewart Katonah Update

Opposition to Martha Stewart's KATONAH trademark applications. News Report. Opposition Numbers 91176691 and 91176705.


Tech Tags: trademark, TTAB, opposition, place names, martha stewart

I ♥ NC opposition dismissed

The News & Observer reports that the New York State Department of Economic Development's opposition to the registration of "I ♥ NC" was recently dismissed by the Patent and Trademark Office. NYSDED opposed stating that the I ♥ NC mark is likely to cause confusion with its I ♥ NY mark. Unfortunately for NYSDED, it didn't properly introduce into the record its priority of use of the I ♥ NY mark.

The TTAB stated that there are two aspects to a likelihood of confusion claim: priority and likelihood of confusion. The TTAB didn't get to the issue of likelihood of confusion because NYSDED failed to prove that it has made use of any trademarks and thus it cannot show priority of use.

Technorati Tags: trademark, opposition

Katonah and Martha Stewart Update

A few months back, Marty Schwimmer posted about the uproar in Katonah, NY about Martha Stewart's attempt to register the mark KATONAH for indoor lighting, paints, home furnishings, and furniture.

The town expresses concern as to the effect that Martha Stewart's ownership of the KATONAH trademark. However, there will be no effect. The local businesses will continue to be able to truthfully claim that they are located in Katonah, even the furniture stores. They, like us, however, will not be able to use KATONAH as a trademark for the goods covered by Stewart's registrations. So, in the end, it's a good thing.

Now comes this news report about the Katonah Village Improvement Society's vote to "authorize its trademark committee to take whatever action it deems necessary regarding Martha Stewart Living Omnimedia's proposals to use the hamlet name for lines of furniture, paints and other homemaking products." The article further said that the vote authorized the trademark committee to file an opposition to the trademark application and authorized spending $200 toward legal cost.

In addition to the Katonah Village Improvement Society, the following entities have filed for extensions of time oppose: Katonah Architectural Hardware Limited, and Katonah Paint & Hardware, Inc.

Tech Tags: trademark, TTAB, opposition, place names, martha stewart

Mall Marks

Saw this January 15, 2007 Natick Bulletin & Tab article about how some Natik town folk are concerned about General Growth Properties application to register the N NATICK (and design) mark for its Natick Mall property. The applied for Goods and Services include: Advertising services, namely, promoting the goods and services of others by disseminating advertising and promotional material in Class 35; Real estate leasing services for commercial and residential communities in Class 36; and Real estate property development services in Class 37.

According to the article:

Natick officials and some residents have become increasingly uneasy with the mall's efforts to market itself simply as "Natick" instead of as the Natick Mall. They say the trademark protection would link the name "Natick" more closely with the mall, instead of the community.

"I don't want to use the term `identity theft,' but it's not Natick," said Selectman John Connolly. "It's a mall."

Natick officials were even considering opposing the registration. Apparently, the uproar got to GGP as it filed for an express abandonment on January 18. Probably a wise move given that the application was an intent to use application. No need to alienate your customers over a mark you haven't yet used.

Technorati Tags: trademark, abandonment, PR, opposition, Natick, General Growth Properties