On November 18, LeBron James, the famous professional Basketball legend who is a key star player for the LA Lakers (and previously the Cleavland Caveliers and Miami Heat), filed a Notice of Opposition at the USPTO Trademark Trial and Appeal Board against Carnival’s “KING JAMES” mark.

 

Why would LeBron James file this opposition for a mark used in connection with “cruise ship services” and filed last year?  Perhaps because the mark is also in connection with Class 41 services: “providing sports facilities; organizing of sports competitions and sports events; providing facilities for recreational activities; . . . providing facilities for recreation” and Class 35 identification: “sport bags, gym bags, sports bags, . . . gymnastics and sporting articles.”  See U.S. Trademark Application No. 88/588,812. 

 

LeBron James’s Complaint has two causes of actions: (1) “False Suggestion of Connection with LeBron James” and (2) “Trademark Consist of a Name Identifying a Living Individual.”  LeBron James alleges that “”King James” has been a well-known nickname of LeBron James for many years, well preceding the date Applicant filed its application. The media and basketball fans consistently refer to LeBron James as “King James”, and LeBron James’ Twitter handle is actually @KingJames. King James has therefore become a popular nickname of LeBron James, and is used interchangeably with LeBron Jame.”  See Opposition No. 91266024 [TTABVUE 1].  It is worth noting that LeBron James does not currently hold a U.S. Trademark Registration for “KING JAMES.” 

On November 26, Carnival withdrew its Application for “KING JAMES” “with prejudice.” This means that Carnival will not be allowed to refile an application for the mark “KING JAMES” in the future.  See Opposition No. 91266024 [TTABVUE 4]. 

Published in Trademark

Cartier's "LOVE" bracelets, designed in the 1960's, have acheived some reknown due to the locking mechanism that can only be opened with a screwdriver. While Cartier has had success in certain countries protecting the overall look of the bracelet itself, the Intellectual Property Office of Singapore has determined that Cartier can not excercise trademark rights over the word "LOVE." 

Last year, Cartier opposed a trademark application to register the slogan "LOVE GOLD" as a trademark in Singapore. While Cartier owns registrations for its stylized variation of "LOVE," which includes a horizontal line through the "O" to mimic the appearance of the screws adorning its bracelet, the Intellectual Property Office of Singapore has apparently determined that these rights do not extend to the word itself. The opinion states, "'[l]ove' is a word which is commonly used by jewelry traders and should not be monopolized by any trader....The word 'love,' however, should be free for traders to incorporate into their trademarks for jewelry." 

Published in Trademark

Thanksgiving traditions are deeply rooted in American culture.  Ever since Abraham Lincoln first mandated Thanksgiving a national holiday in 1863, Americans have been rejoicing this popular national holiday on every fourth Thursday of November. 

Accordingly, the history of Thanksgiving evokes many great memories for many Americans.  Family and friends travel long distances to come together and spend quality time in each other’s company. As such, Thanksgiving is about spending time with family, watching football on television, feasting on traditional foods, shopping at malls, partaking in parades, volunteering at food drives, and taking naps.

Given this, many products and services contribute in helping American families come together to cherish these special moments, and invariably intellectual property is prevalent everywhere in them.

 

Published in Uncategorized