Archive | Trademarks

Trademark Application Problems: Wrong Owner Named

While the United States Patent and Trademark Office (USPTO) provides online forms that appear to make it easy to file a trademark application, there are several portions of the application that can trip up an inexperienced applicant. One of those areas is the owner portion. The USPTO requires that the correct owner of the trademark be specified in the application to register the trademark. This sounds easy but in many cases it is not, as will be shown below.

Individual and Partnership Owner Problems
Take the case of American Forests v. Barbara Sanders, 1999 TTAB LEXIS 529 (TTAB 1999). In this case, Barbara Sanders filed a trademark application to register LEAF RELEAF to be used with the goods of leaf bag equipment. The application named herself individually as the …

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Zynga Sues “Bang With Friends” Hookup App Maker for Trademark Infringement

Filed in the “good luck with a trademark fight based that name” department comes Bang With Friends, Inc. (BWF) and their casual sex app of the same name. The app is designed to discreetly connect a user with the user’s facebook friends who also have the Bang With Friends app and are interested in hooking up with them. The BWF website says “Your friends will never know you’re interested unless they are too.” Classy.

Not surprisingly, on July 30, 2013, Zynga filed a trademark infringement complaint against BWF alleging infringement of Zynga’s “with friends” trademarks. Zynga Inc. v. Bang With Friends, Inc., No. 13-cv-3517 (N.D.Cal., July 30, 2013). Below we’ll look at what can be learned about brand protection from this case, but first a background on the case.…

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