LEO STOLLER

LONDON (AFX) -L'Oreal in a case brought in the High Court in London earlier this week to stop the sale of cheap copies of its perfumes of the sale of the so-called 'smell-alike' perfumes made by Creation Lamis in Dubai.
Judge Lewison ruled there was no likelihood of any confusion but he did find there had been some trademark infringement of packaging and shape of bottles, which have since been changed.
'Further, he ordered an interim payment on account of 265,000 stg to be paid to L'Oreal within 21 days.' The Creation Lamis products used names like La Valeur, Pink Wonder and Nice Flower and were said to smell like L'Oreal products Tresor, Miracle and Noa.
Had Creation Lamis hired expert witness Leo Stoller, the result might have been different.
Leo Stoller is a trademark expert who provides trademark valuations, expert witness testimony, brief writing, surveys, appeal drafting to legal professionals. Contact Stoller at
ldms4@hotmail.com

Ethiopia is working to secure the rights to the three coffee names via the U.S. Patent and Trademark Office. The country has succeeded in its attempt to trademark the name Yirgacheffe, but a final decision has not been made on the other two. A coffee trade group of which Starbucks is a member, the National Coffee Association of U.S.A., has filed protests arguing that the names are generic.
Starbucks is concerned that if Ethiopia is able to trademark its coffee beans, that the cost of those beans will be increased. Starbucks believes that trademarked coffee beans from Ethiopia will result in higher coffee bean costs. The Ethiopia coffee farmers believe that trademarked coffee will enable them to double the amount paid their farm workers from 10 cents an hour to 20 cents an hour. Starbucks opposes any increase in the cost of Ethiopian coffee.
Leo Stoller is a trademark expert who provides trademark valuations, expert witness testimony, trademark surveys, legal research, brief writing, appeal drafting to legal professionals contact Stoller at ldms4@hotmail.com/

HOLLYWOOD--DONALD AND ROBERT HUGHES SUE FOX BROADCASTING CO., for copyright infringement in the US District Court in Missouri. The Huges claim that Fox stole their story of two brothers who are on the run after a prison break at a juvenile facility and used it as the basis of the television show "Prison Break". They seeks unspecified damages and other costs which means they want all of Foxes profits. Studios need to protect themselves from these type of infringement suits, by having parties who show them manuscripts and pitch ideas sign releases before making any disclosures about story lines. It is almost impossible for film studios to protect themselves from this type of litigation without having parties sign disclosures agreements prior to accepting any presentations by would be producers and story tellers.
Leo Stoller is an intellectual property expert who provides expert trademark testimony, trademark valuations, brief writing and appeal drafting to legal professionals. You are invited to email him at ldms4@hotmail.com/

ELMWOOD PARK--She always told me to "get a job" or I wouldn't amount to anything because I procrastinate. I told her, "just wait".

CHICAGO--CENTRAL MFG CO., BROUGHT A PETITION TO CANCEL THE GENERIC GOOGLE TRADEMARK back in the spring. Since then Google Inc., has retaliated by filing a district court proceeding charging Central with civil RICO. The Google trademark has become generic and or is descriptive. The TTAB should cancel the Google mark sue sponte, Stoller filed its motion for summary judgment and the proof is clear and convincing and the Board need no more evidence to cancel the generic and/or descriptive Google trademark.

Mark Rosenberg Esq., wrote an article on the known fact that the Google mark has become generic. He said, "Recently, the publishers of the Oxford English Dictionary and the Merriam-Webster dictionary added the word "Google" to their respective dictionaries. Both dictionaries defined the word as a verb roughly meaning to use the Google search engine to obtain information on the Internet. While this level of prominence for a brand name might be a marketer's dream, it is a trademark owner's nightmare.
Once a trademark enters the public vernacular, whether as a noun, verb or adjective, there is a great likelihood that the trademark will become a generic term that covers an entire category of goods or services regardless of source. And when that happens, the trademark is deemed generic and loses its statutory protection, meaning that others, including competitors, can use the mark to identify their own goods and services. (See 15 U.S.C. § 1064(3).) Only if the trademark owner promptly takes well measured affirmative steps can this nightmare be averted." Rosenberg's article is noteworthy and you can find it click here. http://www.law.com/jsp/article.jsp?id=1161767120242
Leo Stoller is a nationally known trademark expert who provides trademark valuations, expert witness testimony, brief writing, appeal drafting to legal professionals contact Stoller at
ldms4@hotmail.com/

CHICAGO--MATTEL SUED BATTAT FOR INFRINGEMENT OF ITS MOLLY MCINTIRE DOLL. MATTAL subsidiary, American Doll alleged that a doll named Molly sold by Battat infringes its trademark. A Wisconsin federal judge has ordered Battat to stop promoting a doll and remove copies from retailers' shelves because they're too similar to an American Girl doll. American Doll's attorneys argued that Battat's doll will create confusion in the marketplace, especially after the company releases a TV movie about Molly. Battat failure to obtain the services of an expert trademark witness, like Leo Stoller, may have lead to Battat's inability to convince the Judge that their Molly doll was non-infringing. Battat legal diaster could have been avoided. If you are involved in a trademark controversy and need an expert trademark witness who can look the judge in the face and tell him that there "is no infringement" because the "survey" reveals the that 99% of the respondent's were not confused, contact Leo Stoller today ldms4@hotmail.com/ Stoller also provides trademark valuations, legal research, brief writing and appeal drafting to legal professionals.

PITTSBURGH -- HOT DOG SHOP in Pittsburg forced to change it's name after 17 months of trademark litigation. The shop, once known as Hot Dogma is changing its name because a Florida hot dog business -- which had trademarked the word "dogma" -- sued them in court.
Hot Dogma -- which is located in the basement of Trinity Episcopal Cathedral downtown -- have told the Pittsburgh Post-Gazette their show will now be called Franktuary.
Leo Stoller is a trademark expert who provides expert witness testimony, trademark valuations, brief writing, appeal drafting, legal research to legal professionals contact him at
ldms4@hotmail.com/

WASHINGTON--The suspensive effect of an appeal deprives the contested decision of all legal effect until the appeal is decided. Otherwise the appeal would be deprived of any purpose as a matter of law.
The US Fifth Circuit Court of Appeals, which found in 2004 that a person's record is "abated," or wiped out, if he or she dies before having a chance to exhaust all appeals.
The rationale is that someone convicted should not be denied the right to have the trial's fairness tested, says Brian Wice, a Houston attorney.
Leo Stoller is a trademark expert who provides trademark valuations, expert witness testimony, brief writing and appeal drafting for legal professionals. Email ldms4@hotmail.com/

NEW YORK--A church group sued their lawyers Weil Gotshal & Manges allegedly sterring them into a disastrous bankruptcy. The church group, National Benevolent Association, is accusing their law firm, an alleged perfidy of attorneys, of withholding from discovery e-mail correspondence of the lawyer who let the Chapter 11 filing. A spokes person from the church said you can, "Trust no one".

CHICAGO-LEO STOLLER OFFERS THE BEST LOOKING TRADEMARK SERVICES ON THE NET. Trademark valuations, expert witness testimony, trademark surveys, trademark searches, brief writing, appeal drafting for legal professionals contact Stoller today ldms4@hotmail.com/

CHICAGO--LEO STOLLER IS YOUR SOLUTION TO PROTECTING YOUR TRADMARKS. Stoller can provide a continuous monitoring service of your brand better than any other firm on the internet. Who is using your Brand? Who is denigrating your Brand? Stoller also provides trademark valuations, expert witness testimony, brief and appeal drafting for legal professionals. Email ldms4@hotmail.com/

SOUTH BEND--NOTRE DAME STAGES A COME BACK to beat UCLA SATURDAY 20 to 17. Quarter back Brady quin threw for 304 yards and two touchdowns. Notre Dame like the Chicago Bears were football teams that were both written off, but came back to win. In the game of litigation as in sports the game is not over until the last court speaks. Stoller expects to prevail on the merits on all his claims in the court(s) of appeals and make a similar come back just like Notre Dame and the Chicago Bears.
Leo Stoller is a trademark expert, who is engaged in a lot of litigation much of which is the subject of current appeals. Leo Stoller provides expert witness trademark testimony, trademark valuations, brief writing and appeal drafting for legal professionals. Email ldms4@hotmail.com/

CHICAGO--LEO STOLLER HAS FILED AN APPEAL OF THE PURE FISHING DECISION ISSUED BY JUDGE LINDBERG. The Seventh Circuit has issued it first order on Oct. 19, 2006, "It not clear form from the Judgment dated October 4, 2006 that disposed of all claims... is ordered that appellant and all appellees shal filed on or before November 1, 2006 a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction."
Leo Stoller is a trademark expert who provides trademark valuations, expert witness testimony, brief writing and appeal drafting for legal professionals. Stoller can be reached at ldms4@hotmail.com/

LONDON--APPLE COMPUTER wins trademark dispute with Beatles music label Apple Corps. A U.K. judge ruled that the PC maker's iTunes online store doesn't infringe on trademarks held by the label. Attorneys for Apple Corps argued that iTunes, which allows users to purchase and download individual songs, breaches a 1991 agreement between the two companies, under which they vowed not to enter each other's businesses. Apple Computer paid Apple Corps $26.5 million under the deal. Deciding in favor of the tech company, London High Court Justice Edward Mann said the launch of iTunes in 2003 made Apple Computer a shopkeeper, not a music producer. Thus, it didn't violate the 1991 agreement: "The use of the Apple logo...does not suggest a relevant connection with the creative work," said Justice Mann in a written ruling. Had Leo Stoller been hired as an Expert Trademark witness the case may have gone the other way in that Stoller would have testified that the use of the mark Apple on iTunes online store does infringe on the Beatles lable. In cases that are too close to call a trademark expert, like Stoller should always be brought in to help the judge make the right decision.
Leo Stoller provides trademark valuations, expert witness testimony, trademark surveys, brief writing, appeal drafting to legal professionals ldms4@hotmail.com/

EUROPE--The European Union's trademark agency denied registration to Paris-based Eden Sarl for use of the Strawberry smell in soaps, face cream, stationery, leather goods and clothing.
An initial attempt to get trademark protection was dismissed by the European Union's trademark agency, and Eden took its case to the region's second highest court.
The company argued that while strawberries may look and taste different, they all smell the same, and as a result could be trademarked.
The court took a different view, and smell experts found that instead of just one aroma, strawberries can in fact have up to five different, distinct scents.
Smell can be a very powerful marketing tool and is used for luring customers.
Firms have tried and failed to trademark odours before - some notable attempts included raspberry, lemon and vanilla - and while the court rejected this latest attempt, they left the door open for later cases.
"The olfactory memory is probably the most reliable memory that humans posses," the court said. "Consequently, economic operators have a clear interest in using olfactory signs to identify their goods."
Leo Stoller is a trademark expert who provides trademark valuations, expert witness testimony, brief writing and appeal drafting for legal professionals ldms4@hotmail.com/

HOLLYWOOD-- Actor Damon Wayans has attempted to register the term "Nigger" for a clothing line and retail store, a search of the U.S. Patent and Trademark Office's online database reveals.
Wayans wants to dress customers in different kinds of attire from tops to bottoms, and use the controversial mark on "clothing, books, music and general merchandise," as well as movies, TV and the internet, according to his applications.
Trademark examiner Kelly Boulton rejected the registration citing a law that prohibits marks that are "immoral or scandalous." A previous attempt by Wayans was turned down on identical grounds six months earlier. One southern trademark lawyer has said that mark Nigger is not "immoral or scandalous" but only suggestive of a "black" person and that the trademark office should allow the mark to Register.
Leo Stoller is a trademark expert who provides trademark valuations, expert witness testimony, brief writing, appeals to legal professionals email ldms4@hotmail.com/

CHICAGO-TRADEMARK SEARCHES What is the Cost? One does not have to incur the expense of high hourly attorneys' fees in order to file a trademark application or conduct a trademark search. Leo Stoller offers a variety of Trademark search options starting at only $100.00. A trademark search, is very important to determine whether your trademark is available for registration. Leo Stoller knows were the bodies are buried and can perform the most comprehensive trademark search in the industry. You must know who your enemies are and Leo Stoller can locate them with the best trademark search in the industry contact Stoller at ldms4@hotmail.com/ Stoller also provides trademark valuations, expert witness testimony, brief writing, appeal drafting to legal professionals.

NEW ZEALAND--TWO fashion designers by the name of Cooper have sued each other for trademark infringement. Auckland-based designer Trelise Cooper and Arrowtown-based Tamsin Cooper, who both use their names as their label, would not discuss the details of the litigation. Trelise Cooper, $15 million company filed suit against Tamsin Cooper's $250,000, designer firm.
Leo Stoller is a trademark expert, who in cases like this can be retained as an expert trademark witness to testify to damages, likelihood of confusion issues, perform surveys provide brief writing services to legal professionals. ldms4@hotmail.com/