Grand Theft Auto 5 Trademark Infringement with Speedo?

With Grand Theft Auto 5's release all gamers are excited.  But who would of thought that GTA and Speedo would get into a trademark spat?  One of the most highly anticipated video games of the year, Grand Theft Auto 5, recently released an online trailer. The trailer spread like wildfire, and one apparent detail of the new game may cause a big headache for Rockstar Games, the maker of the iconic and very popular racing game. That detail is the word “Speedophile” printed on the side of a Jetski, looking something like a logo.

The word Speedophile may have a simply descriptive meaning in urban slang terms (someone who likes going really fast). However, it’s possible that the swimwear manufacturer, Speedo could take issue with this particular logo blazened on the side of a Jetski. The main problem is that in this image, the first part of the word “Speedo” is a different colored font than “phile”. The result is that it looks like “Speedo” is somehow referenced. If the game is released with this detail (and it looks likely that it will be), Rockstar Games may get promptly slapped with a trademark infringement lawsuit.

And, given that Speedo has just shut down a porn site in Australia that featured their logo on a few pairs of swimwear, it seems they are keeping a sharp lookout for trademark infringers.

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.  MyGTLFuel.com 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."

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.

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 Amazon.com 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.

USPTO Issues Patent Number 8,000,000!

Bye-bye to the 7 million's, hello to the 8's.  The United States Patent and Trademark Office just recently granted registration to US Patent No. 8,000,000 Awarded to Second Sight Medical Products for a “Visual Prosthesis Apparatus” that Enhances Visual Perception for the Sight Impaired.   

Twilight Domain Name Cybersquatting

It could be argued that twilight.com’s owner Tom Markson simply likes the movies, books, and whole Twilight franchise and has no intention of cybersquatting.  But Summit Entertainment, the very lucrative Twilight Franchise’s owner isn’t buying that argument.  Mr. Markson is in no way related to Summit Entertainment, and has owned the twilight.com web site since 1994, far before the rise of the Stephanie Meyer books, and their Hollywood versions.  Twilight.com is being sued by Summit Entertainment for copyright and trademark infringement.   But Markson’s argument seems a little flimsy considering there are Adsense ads on the page, and he’s probably made at least some amount of revenue from such a high profile page and it’s Adsense links.  Making matters worse, the site looks very unprofessional and could give fans the impression that Summit Entertainment is either shabby and clueless, or at least very strange about their marketing efforts.  Markson responded to a cease and desist letter from Summit in 2009 by denying their claims.

Hells Angels Trademark Infringement

A Hollywood clothing manufacturer, Wildfox Couture, LLC is being sued by Hells Angels Motorcycle Corporation, otherwise known as Hells Angels. Although the name Hells Angels may seem generic, or at least non-corporate, they own the registered trademark and aren’t afraid to defend it. According to a story in the L.A. times on Tuesday, this suit is the latest in a long string of Hells Angels trademark cases. It was filed as Hells Angels Motorcycle Corporation v. Wildfox Couture, LLC and Amazon.com, et al 2011-cv-11-4141 PSG, in the U.S. District Court for Northern District of California.




According to Hells Angels attorney Fritz Clapp:

“We bring these lawsuits from time to time not just to punish but to educate. Somebody thought erroneously that Hells Angels is a generic term."



The T-shirts feature the slogan “My Boyfriend is a Hells Angel” on the front, and Hells Angels official trademarked angel wings on the back.