Gibson Guitar sues Paper Jamz for Trademark Infringement

In the last few years, games such as Rock Band and Guitar Hero have turned everyday Joe’s into rock stars. Following this trend, the new toy guitars called “Paper Jamz” feature pre-programmed songs that can be played with ease by pretty much anyone with two hands. Apparently some ‘real’ guitar makers aren’t too crazy about all this competition. Gibson Guitar Corp. sued Wowwee U.S.A, Inc. (makers of Paper Jamz) last month in the U.S. District Court for the Central District of California, for Trademark Infringement (Case No. 2:10-cv-08884-RGK RZ).

The toy guitars were already being sold around the country at Target, Wal-Mart, Toys-R-Us, and pretty much anywhere else toys were being sold. Gibson sued the toy makers because the shape and design of some of the toy guitars mimicked their classic designs. A temporary restraining order was filed with the suit which the court granted, and most stores actually had to remove the toy guitars from their shelves at the height of the holiday shopping season

Best Inventions of 2010

The end of the year is still a few months off, but Time magazine has decided to call it early… Last week, Time issued its annual “50 Best Inventions” article. It’s an interesting and fun look at (arguably) the cream of this year’s crop of ingenuity and creativity. Some of these inventions, like the iPad and the first synthetic cell, have raised eyebrows across the globe, while others, like a green-energy underwater kite and spray-on fabric, have gone under the radar. Whether you’re an inventor or not, the inventions are sure to make you rethink current ways of doing things, and realize just how much can be accomplished in one year. Hopefully this will inform and inspire the hard working inventors out there with an idea that’s time has come. I wonder what 2011 will hold…

Attention Inventors: Everyday Edisons – Casting Call

Think you have a good idea? The Emmy and Telly-Award-winning PBS television show “Everyday Edisons” announced recently that it is currently casting for its fourth season, set to air summer of 2011. The program is looking for 10 small-time inventors with big ideas. According to their Web site, www.edisonnation.com:

They will pick 10 outstanding innovations. All it takes is a great idea. As they say, give yours a shot at success and find out if you have what it takes to become an "Everyday Edison!"

The winning invention featured on the show will have the option to enter a contract to receive money for sales of their invention, after it is commercially manufactured. Everyday Edisons premiered in 2007, and has become one of PBS’s most critically-acclaimed programs.

Hard Rock Cafe Trademark Issues: Not Too Happy About Free Publicity

Among the already-raunchy assortment of reality TV shows, the new “Rehab: Party at the Hard Rock Hotel” is pushing the envelope. And the Hard Rock Cafe International, Inc. chain (a different company than Las Vegas Hard Rock Hotel & Casino) doesn’t find the debauchery very entertaining. The Hard Rock Café recently filed a law suit for trademark infringement, trademark dilution, and a variety of other charges regarding the tarnishing of Hard Rock’s image. Hard Rock Hotel is a licensee of the Hard Rock brand. But Hard Rock Café now wants to revoke that license agreement.

The case is No. 1:10cv07244-UA, filed in the United States District Court for the Southern District of New York.

According to the suit, Hard Rock Café was founded as a celebration of Rock and Roll, good times, and fun. But sexual harassment, violence and crime are not part of its credo. Apparently, TruTV has no plans for canceling, or altering the show, which it hails as a main revenue source. If Hard Rock Café wins, Hard Rock Hotel may have to change its name.

Trademark Infringement Pancakes v. Prayer

The International House of Prayer in Pasadena, along with another house of prayer in Kansas City, MO are attracting some attention – unwanted attention. International House of Pancakes, Inc. (IHOP) filed suit last week for trademark infringement. The case is No. 2:10-cv-06622-SJO, filed in the U.S. District Court for the Central District of California.

This might be a tough case for the pancake people, for a couple of reasons. First is the issue of likelihood of confusion. One organization is a light n’ fluffy breakfast food chain. The other is a small, aesthetically different house of worship. Additionally, the house of prayer in Pasadena actually uses the acronym PIHOP.

The Kansas City organization may have a tougher time, however. According to the complaint, the International House of Prayer “intended to misappropriate the fame and notoriety of the household name IHOP to help promote and make recognizable their religious organization.”

Facebook Trademark Infringement with Teachbook

You can bet social media megalith Facebook is actively scanning the horizon for would be intellectual property infringers. And a few weeks ago it found one. A new online community for teachers, called “Teachbook,” is using a similar networking platform to Facebook. Facebook fears that adding the “–book” suffix to words could create a whole plethora of networking Websites for different societal groups. This, in turn, would dilute the trademark brand.

Facebook sued for cybersquatting, trademark infringement, unfair competition, and trademark dilution in the US District Court for the Northern District of California (Case No. 5:2010cv03654). According to the complaint:

"The 'book' component of the Facebook mark has no descriptive meaning and is arbitrary and highly distinctive in the context of online communities and networking Web sites," the complaint explains. "If others could freely use 'generic plus BOOK' marks for online networking services targeted to that particular generic category of individuals, the suffix 'book' could become a generic term for 'online community/networking services' or 'social networking services.' That would dilute the distinctiveness of the Facebook marks, impairing their ability to function as unique and distinctive identifiers of Facebook's goods and services."

If the past is any indication of how this suit will go, Teachbook will may change its name. A startup online travel company called Placebook recently changed its name to TripTrace after a run-in with Facebook.

Jedi Mind Trademark Dispute with George Lucas

Really good trademarks often become so ingrained in the public mind that they start to take on a life of their own, distinct from the original source. Take the mega-lucrative Star Wars universe, for example. Ever since George Lucas created Star Wars, he’s had his full protecting trademarks like “Jedi,” “Lightsaber,” and even “Droid.”

A new software company calling themselves Jedi Mind, Inc. recently felt the sithlike wrath of George Lucas. They had a new set of headphones which (according to them) could sense brain waves and operate a type of remote control software. The product is called “Master Mind.” Lucas, after sending a few cease and desist letters, filed a trademark infringement suit against Jedi Mind in late August. The case is in the United States District Court for the Northern District of California, Case No. 10-cv-3632.

Probably due to the unfavorable results of past Lucasfilm trademark infringement suits, Jedi Mind promptly changed their name to Mind Technologies, Inc.