Monday, October 24, 2011

GTL Trademark Lawsuit by The Situation

Jersey Shore star Mike Sorrentino (aka The Situation) is making sure he stays on top.  Of his trademarks, that is.  Has sued, in the Florida Southern District Court, a newcomer who wants to use Sorrentino’s “GTL” brand to market lifestyle products reminiscent of Jersey Shore style and fashion. is aimed toward viewers and fans of Jersey Shore, selling Energy Shots, Tanning Lotion and the like.  So does the owner, Dana Valentino, actually have any trademark rights that are superior to The Situation?  Or is he simply trying to cash in on the ‘Guido’ trend?  GTL Fuel, LLC which we believe is owned by Valentino, actually obtained a federal trademark registration for "GTF Fuel" claiming a first use of January 14, 2011. On the other hand The Situation has been diligent and has filed several trademarks, many of them including the term "GTL".  According to the complaint, The Situation's company, MPS Entertainments, Inc. claims its first use of GTL dates back to 2009 in connection with a variety of goods.  Also according to the Complaint the Situation alleges that a representative of Valentino approached the Situation for a license deal which did not materialize.  Due to the huge popularity of Jersey Shore, it’s not a bad business idea lately, but without any trademark protection Valentino’s site could be very short lived.  So will The Situation be able to prove his superior use?  We will see.  FYI, if you were wondering, according to The Situation's camp, GTL stands for "Gym, Tan, Laundry" whereas, Valentino's website says its stands for "Get The Lifestyle."

Monday, October 17, 2011

Opt Out “.xxx” Domain Name..You Have Until October 28

As part of its list of new “Sponsored Top-Level Domain” names, or sTLD’s the suffix .xxx was created by the Internet Corporation for Assigned Names and Numbers (ICANN) back in March. This gave adult industry companies the option to get a domain name that ends in .xxx.

But what about companies that don’t want a .xxx web site created, using their trademark or name? ICANN is offering a “sunrise period” to companies, that allows them, for a limited time, to opt out of ever having a .xxx version of themselves online. The deadline to opt out is October 28, 2011. After that deadline, the name of any company that has not opted out will be fair game for a .xxx web site. Unfortunately for anyone wishing to opt out, there is a fee to do so. ICANN will charge between $300 and $350 to opt out of the .xxx domain names.
After the sunrise period ends, companies will have to rely on the more traditional methods of domain name dispute resolution, the main one being the UDRP, or Uniform Domain Name Dispute Resolution Policy. This option requires litigation and will no doubt cost companies a lot more in the long run than the sunrise fees.

Tuesday, October 11, 2011

Trademark Infringement of Youngblood Timepieces

Fossil Watches was served a trade dress and trademark infringement lawsuit Monday, courtesy of Youngblood Timepieces, a newcomer to the fashion watch industry. Taking it one step further, the suit also named several high profile retailers as co-defendants. Macy’s, Nordstrom, Sears, Urban Outfitters, and were all named. The case is No. 11-cv-8175 in U.S. District Court for the district of Central California.

Youngblood Co Founder Patrick Martin said, when asked about the suit: "It is our intention to settle this matter with as little complication to all parties involved as possible. At the same time, we will not allow Fossil Inc. to continue to infringe on our brand name and image. Our legal team is pursuing all avenues of legal action available to us."

Although Younblood has only been around since 2007, several high profile celebrities have been wearing the watches, and undoubtedly the major names in fashion watches have been watching. According to Youngblood, they have been watching a bit too closely.