Jay Z's Trademark Battle with Volcom

Apparently, Orange County-based surf/skate company Volcom finds Jay Z’s Roc Nation label’s logo a little too close for comfort. The clothing designer recently filed a trademark infringement suit (Volcom Inc. (VLCM), v. Roc Nation LLC, 8:11-cv-00489-JST-FFM, U.S. District Court, Central District of California).

The suit arises over the use of an inverted “double diamond” design common to both logos. While it’s true that Volcom, Inc. has priority of use with the logo (since 1991), Roc Nation claims its logo is unique and not an infringement. According the article on Bloomberg.com, Volcom has asked Beverly Hills-based Roc Nation to cease and desist use of the logo on several occasions. One of the main issues, according to Volcom, is that its subsidiary, Volcom Entertainment, uses the logo to market music-related merchandise, and sponsor bands. Volcom, Inc. has asked to be awarded triple damages from Roc Nation, LLC

Twitter Alleges Trademark Infringement

Recently, Twitter suspended two of its affiliates Twidroid and Uber Twitter for alleged trademark infringement and privacy violations. The interesting thing is that it appears that UberMedia, the owner and operator of the third-party Twitter applications Twidroid and Uber Twitter, is buying up a roster of apps that may possibly compete with Twitter in the future. The company started as a client of Twitter that provided applications to enhance Twitter’s functions.
Carolyn Penner, official spokesperson for Twitter issued this statement, which seems to downplay the suspension:

“We ask all developers in Twitter ecosystem to abide by a simple set of rules that are in the interests of our users, as well as the health and vitality of the platform as a whole.

We often take actions to enforce these rules; in fact, on an average day we turn off more than one hundred services that violate our API rules of the road. This keeps the ecosystem fair for everyone.

Today we suspended several applications, including UberTwitter, twidroyd and UberCurrent, which have violated Twitter policies and trademarks in a variety of ways. These violations include, but aren’t limited to, a privacy issue with private Direct Messages longer than 140 characters, trademark infringement, and changing the content of users’ Tweets in order to make money.

We’ve had conversations with UberMedia, the developer of these applications, about policy violations since April 2010, when they first launched under the name TweetUp – a term commonly used by Twitter users and a trademark violation. We continue to be in contact with UberMedia and hope that they will bring the suspended applications into compliance with our policies soon.”

Social Web sites such as Twitter and Facebook will probably become increasingly aggressive in their protection of trademarks, as the market for social networking applications and services continues to diversify.

Thomas Edison's Birthday

Happy Birthday! To Thomas Alva Edison that is. Who knew his middle name was Alva? He is 164 year old this year today, so Google has celebrated his B-Day with a doodle encapsulating his best inventions.

Google has been known to use some interesting logos on particular holidays or other special days. Edison's birthday is one of those days using his inventions such as the phonograph and lightbulb. Happy Birthday Mr. Edison, you are remembered as one of America's greatest inventors, scientist, and businessman that created inventions that shaped and changed the United States and the world.

P Diddy Trademark Issue with Ididdy

P.Diddy Opposes “Ididdy” Headphones

Pacific Rim, Inc., maker of a new brand of headphones for iPods and iPhones, apparently isn’t too familiar with pop culture, and possible trademark conflicts with its new “iDiddy” headphones. Rapper P.Diddy (or Diddy) was quick on the draw to oppose the mark with the Trademark Trial and Appeal Board of the USPTO. It seems pretty clear that a set of headphones could carry an association with a popular hip-hop icon. Especially when P.Diddy already has a trademarked merchandise brand called “P.Diddy.”

Adding to Pacific Rim’s blunder, they filed a use-based application, when the headphones had actually never been shipped or sold anywhere. According to a statement by Pacific Rim:

“When we paid money and brought up the website ididdy.com, we believed that the mark was being used in commerce. When we contracted for packaging design and the logo for ididdy, we believed we were using the mark in commerce. When we placed a manufacturing order and deposit for ididdy manufacturing we believed we were using the mark in commerce. Monetary payment had taken place with respect to the mark and we believed that it was being used in commerce.”

The court declared the application void ab initio.

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.