CHICAGO--GOOGLE FILES AN OPPOSITION TO MOTION TO COMPEL. Central Mfg. Co. a Chicago based company filed a petition to cancel No. 92045778 and and Notice of Opposition No. 91170256 to a trademark application 76-314,811 and Federal Trademark Registration No. 2,806,075 owned by GOOGLE. Central has alleged that the GOOGLE Federal Trademark has become "generic" and is no longer entitled to Federal Trademark Registration under 15 USC Section 1064(3). GOOGLE's name is now in the dictionary and use to define "google"(s) services. There is no question that the trademark "google" is now a verb, it is descriptive and will be canceled off of the Principle Register. Merely "google" "google is a verb". No further evidence is needed.

Currently Central has a Motion to Compel pending in the Opposition proceeding and a Motion for Summary judgment pending in the Petition to Cancel proceeding. Along with a motion to consolidate. GOOGLE has opposed each motion.

In GOOGLE's most recent filing "OPPOSITION TO OPPOSER'S MOTION TO COMPEL, GOOGLE has included a number of confidential settlement documents were submitted to GOOGLE under Federal Rules of Evidence Rule 408 and Cal. Evid. Code 1152, in an obvious attempt to prejudice CENTRAL before the Trademark Trial and Appeal Board and in clear violation of 37 CFR Section 10.23(b)(5) Engage in conduct that is prejudicial to the administration of justice. MICHAEL T. ZELLER from QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP represent GOOGLE.

If you have any information of the trademark GOOGLE becoming "generic" and/or descriptive of the services offered by GOOGLE please contact Leo Stoller ldms4@hotmail.com
773-589-0340 Fax 773-589-0915 http://rentmark.bogspot.com/
www.rentamark.com/

WASHINGTON--The American Bar Association rated one of President Bush's judicial nominees "not qualified", prompting a call from a liberal group for the president to withdraw the Mississippi Lawyer's nomination. A panel of the nation's largest lawyer's group voted unanimously to give its lowest rating to Michael Wallace, Bush's nominee for the 5th U.S. circuit Court of Appeals.

CHICAGO--In a related story the Americans for the Enforcement of Attorney Ethics www.rentamark.com/aeae/ likewise rated Michael T. Zeller Esq. and his law firm of QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP, as 'unqualified'. Mr. Michael T. Zeller, it is reported in www.law.com/ earned 1.65 million dollars in 2005.
If you have any information on Michael T. Zeller that you would like to share email
Leo Stoller ldms4@hotmail.com/
http://rentmark.blogspot.com/
www.rentmark.com/

CHICAGO--AFTER EXTENSIVE MARKET RESEARCH THE RESULTS OF THE PROFILE OF THE AVERAGE VISITOR TO LEO STOLLER'S BLOG; Income lever upper 2%, college educated having advanced degrees, upper mobile, own a luxury car, politically toward the right, likes chess, classical music, perennial student, over 40 years old, appreciate art, relates well to winners have no compassion for losers, goes to health club, does not have time to read fiction, home is were you eat and sleep, does not start working at 9:00am and does not quit working at 5:00PM, is at the top of his game, believes that blonds are ....., does not like crowds, is addicted to his life's work and cannot think about retiring.

Major advertisers would kill for this demographic and are terrified of it, because they know what happens if their product claims are not accurate.

If your not this person, what are you doing here?
http://rentamark.blogspot.com/
www.rentamark.com/
email ldms4@hotmail.com

CHICAGO--LEO STOLLER RENTAMARK AGGRESSIVELY POLICES ITS FEDERAL TRADEMARK REGISTRATIONS FOR OVER 30 YEARS. McCarthy on Trademarks has "observed that an active program of prosecution of infringers, resulting in elimination of others' uses of similar marks, enhances the distinctiveness and strength of a mark: since no one else uses a similar sounding name, plaintiff's name looks and sounds all the more unique. The Fifth Circuit said that lack of vigilant enforcement of the mark DOMINO for sugar resulted in a narrowing of protection to only the sugar field." See Section 11:91 Assertive Enforcement of Marks id.

Rentamark knows of no other entity in this country that has filed more district court cases, Notices of Oppositions and Petition to cancel proceeding.


For trademark licensing opportunities of the famous mark STEALTH, DARK STAR, SENTRA, TRIANA, AIR FRAME, NIGHT STALKER, TIRADE, AEROSPACE, ANNIHILATOR, AQUILLA, CHESTNUT, COLLIDER, CREATIVE TRAVEL, FIRE POWER, HAVOC HYPERSONIC, LOVER YOUR BODY, MERCHANT OF VENICE, PHALANX, PLAY THE ANGEL, STAR LITE, STRADIVARIUS, TRILLIUM, TURBOJET, 24 KARATE, WHITE LINE FEVER et all see www.rentamark.com/
Call today 773-589-0340 ldms4@hotmail.com/ 773-589-0915 FAX
http://rentmark.blogspot.com/ Rentamark is in the business of buying, selling and licensing trademarks. Trademark valuations, expert witness testimony, trademark litigation support services, including legal research, drafting pleadings, appeals etc. Call or contact Leo Stoller today!
If you have any information on GOOGLE's trademark becoming "generic" and/or discriptive, contact Leo Stoller. ldms4@hotmail.com/ 773-589-0340

CHICAGO--CENTRAL MFG CO., a Delaware Corporation located in Chicago, filed an Opposition and has Petitioned to Cancel GOOGLE' flagship Federal Trademark Registration for "search services" on the grounds that the GOOGLE mark has become descriptive and/or generic for the services offered under its Federal Trademark Registration. The word google is now and has been for some time in the dictionary, the meaning of which is "to search" on line. As specifically amended by the Trademark Law Revision Act of 1988 Section 14 of the Trademark Act provides for the cancellation of a registration of a mark at any time if the mark becomes the generic name for the goods or services, or a portion thereof, for which it is registered 15 USC Section 1064(3). And/or becomes descriptive. There is no question that the GOOGLE trademark has become "generic" and/or descriptive and can no longer serve as a source identifier.


CENTRAL moved to consolidate the Opposition and the Petition to Cancel Proceeding for judicial economy, in that both proceeding involve the same and/or similar questions of law. Both proceeding involve the same parties and the same marks. GOOGLE disagrees and has opposed the consolidation.

For trademark licensing opportunities, trademark valuations, expert witness testimony contact Leo Stoller ldms4@hotmail.com/ 773-589-0340 http://rentmark.blogspot.com/
www.rentamark.com/ If you would like to testify in an Opposition Proceeding against Google and you have an opinion as to the generic and/or descriptive word "google" please contact Leo Stoller.

CHICAGO--THE COMMISSIONER FOR TRADEMARKS, LYNNE G. BERESFORD canceled STEALTHMIC Registration. CENTRAL MFG CO., a Delaware Corporation, located in Chicago, that holds rights to over 35 STEALTH Federal Trademark Registrations, opposed Digital Recorders, Inc., a North Carolina Corporation, use of the mark STEALTHMIC on switches, microphones, and speakers. CENTRAL did not have a registration on the exact goods. Nonetheless "trademarks are weak when they are merely one of a similar crowd of marks...The only way a trademark owner can prevent the market from becoming crowed with similar marks is to undertake an assertive program of policing adjacent territory and suing those who edge too close." See McCarthy on Trademarks Section 11:91 Assertive Enforcement of Marks. CENTRAL successfully stopped Digital Recorders, Inc., from the use and adoption of its STEALTHMIC trademarks. CENTRAL has succeeded in opposing and/or canceling over 100 trademark applications and/or Registrations.

For trademark licensing opportunities of the famous, STEALTH, SENTRA, DARKSTAR, TRIANA, LOVE YOUR BODY, AIRFRAME, WHITE LINE FEVER, STAR LITE, STRADIVARIUS, TURBOJET, 24 KARATE, MERCHANT OF VENICE, HYPERSONIC, HAVOC, FIRE POWER, CREATIVE TRAVEL, COLLIDER, CHESTNUT, AQUILLA, ANNIHILATOR, AEROSPACE et contact Leo Stoller ldms4@hotmail.com/
773-589-0340 773-589-0915FAX www.rentamark.com/
http://rentmark.blogspot.com/ Expert witness testimony and trademark valuations.

CHICAGO--THE MIDDLE EAST MEDIA IS REPORTING TODAY that GI's killed innocent IRAQ citizens. These reports are false. The American GI's killed 30 to forty Iraq terrorists after coming under attack and losing one of their own troops. Thus far the IRAQ terrorists have killed over 2500 American soldiers, which should not be lost on us this Memorial Day May 29, 2006.

The only problem as many close to the military feel, is that the GI's did not shoot enough of the IRAQ terrorists. The fact that there is now an investigation into this incident, is a sad commentary on what happens to American soldiers in war, after they witness their best friend, a fellow GI lose his life. These soldiers should be given medals for heroism, not condemnation for doing their job. None of the people who are now judging were at the battle scene.

The worst thing that can happen to an army in time of war is to have the authorities attacking soldiers for doing their job. Which is to kill the enemy before the enemy kills you. The other undeniable fact that is never mentioned in the regular media, is that many "everyday" Iraq citizens are aware of the enemy planting these improvised Explosives in the roads which are responsible for killing American GI's every day. But these Iraq citizens are completely complicit in this crime against our beloved American Soldiers. Thus every Iraq citizen that is complicit in this act of war against Americans should be shot as an enemy combatant.

As we celebrate this memorial day week end our hearts go out to each and every American family that lost a loved one in support of this worthy war against the Muslim terrorist, that if left un checked would destroy our way of life. Make no mistake this is a cultural war. This is not an isolated war limited to Iraq, this is the Third World War and should be recognized as such.

The Muslims are attacking western civilization world wide. This is a cultural world wide conflict that will determine which culture will dominate the 21 century and beyond. It is a continuation of a war that started with the crusades and has continued to this very day. Only now this controversy has reared it ugly head and blossomed into the beginning of the "third world war".

GEORGE BUSH should be given the greatest credit for bringing the war to the enemy and supporting the Iraq war, when the "left" that never supports any war, has reared its ugly head.

If American did not have strong leaders, like Abraham Lincolin, George Bush, during times of war, America would not be America, the north would have lost the civil war and we would have two Americas. For the left, even at the time of the civil war advocated the seperation of the union, in order to avoid the civil war.

If left to the left, more recently the soviet Union would still exists. Everyone will recall that during the eighties, the left opposed Reagan's arms build up. The left marched in the streets against Reagan and his arms build up.

The left was wrong, during the civil war, the first world war, the second world, the Korean war, the Viet Nam War, the first Iraq war and the left is wrong, not to support George Bush during the current war! And the left will be wrong not to support the next war.

We can all pray that America will remain strong, will continue to elect strong "right wing" leaders to maintain our precious freedom that has been won by the lose of so many American heroes over the last two hundred years. God Bless George Bush, God bless our troops, God Bless America on this Memorial day, May 29, 2006.
htt://rentmark.blogspot.com

RENTAMARK BRAND STEALTH TRADEMARK IS FAMOUS. The STEALTH BRAND over the last 25 years which Rentamark is the exclusive licensor is famous and high quality goods and services are sold under Rentamark's STEALTH brand world wide. Rentamark is a full service licensor, licensing some of the most famous corporate brands in America.




For trademark licensing opportunties, trademark valuations, expert witness testimony, trademark litigation support services contact Leo Stoller ldms4@hotmail.com/
773-589-0340 773-589-0915FAX www.rentamark.com/
http://rentmark.blogspot.com/

America the Beautiful - 1913

O beautiful for spacious skies,
For amber waves of grain,
For purple mountain majesties
Above the fruited plain!
America! America!
God shed his grace on thee
And crown thy good with brotherhood
From sea to shining sea!

AMERICANS FOR THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS (AEIPR)
www.rentamark.com/aeipr recognizes WILLIAM BARBER Esq, as an outstanding intellectual property rights (IP) attorney from the firm of Fulbright & Jaworski, Austin, Texas.
www.fulbright.com/bbarber/ WILLIAM BARBER has the reputation of delivering "favorable results with integrity and professionalism". Area of concentration Intellectual property. WILLIAM BARBER Esq. Can be reached at 512-474-5201 email bbarber@fulbright.com/
http://rentmark.blogspot.com/ www.rentamark.com/

LITIGATION IS WAR BY OTHER MEANS according to Karl Von Clausewitz. The fact that the consequences can be very serve for the loser, destruction of his business, bankruptcy, war has been compared to litigation. The complaint represents the formal declaration of war. The parties attack each other through pleadings and a judge renders a decision. In litigation there is conflict, a clash of the troops and victory, surrender. To the victor goes the spoils. To the loser goes to bankruptcy court. It is for that reason that a out-of-the-court-room-settlement is always the preferred resolution. However, some time the parties cannot resolve their dispute and that is where the court must intervene. Lawyers are the modern day warriors. They are a necessary evil in a society that would have total anarchy without them. Rentamarks model is "until the last court speaks" is well known in the industry.

Everyone will remember the scene in Patten in which George C. Scott goes out on a battle field in Africa, the morning after the battle, he looks around at the death and distruction, raises his arms in the air, takes in a deep breath and says, "I love it!"

Leo Stoller is a trademark expert, licensor of famous trademarks, and Stoller can provide trademark valuations, expert witness testimony, litigation support services. Leo Stoller has been in the business of litigation since 1968, every day to the current date. Stoller is ready to work for you please call 773-589-0340 http://rentmark.blogspot.com/
www.rentamark.com/ email ldms4@hotmail.com/

FOR THOSE OF YOU WHO DO NOT LIVE IN A COLD CLIMATE this Memorial Day Week end my not carry the same significance for those people as it does for those of us who do live in a "cold" climate (Chicago, Il).

I remember spending the most difficult days of my life in Fargo, North Dakota for four years during my college education, where the wind was so cold in the winter (-50 below F) that it would singe your face when you exposed it to the outdoors in January. Your face would "burn".

Upon graduation I finally got the courage to ask the Dean of the University , "why does any one live here, Dr. Jenkins?"

Doctor Jenkins, paused for a moment and said, "Leo, people live here for the summers."

In other words, no one knows how wonderful the beginning of summer could be unless you lived through a "North Dakota" winter.
Have a great week end stay safe, get rested, so we all can continue the battle on Tuesday May 30, 2006.

AMERICANS FOR THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS does not recomend ANNETTE P. HELLER ESQ. www.rentamark.com/aeipr

AMERICANS FOR THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS www.rentamark.com/aeipr/ praise JOHN L. WELCH. There is no record of any misconduct. No record of any Attorney disciplinary complaints. No record of any disbarments. No record of any complaints whatsoever. There is no record of JOHN L. WELCH.
Sources close to MR. WELCH say that he has never even casts any aspersions on an anyone. Well almost anyone. There is some record that JOHN L. WELCH has not always been fully complementary of Leo Stoller. In fact is clear from the record, that JOHN L. WELCH has not always held Leo Stoller in high esteem. However, the record is clear that JOHN L. WELCH does not hold anyone in the trademark community in high esteem, accept maybe Marty. Therefore AEIPR offers KUDOS to JOHN L. WELCH for his even handedness.

Leo Stoller is a trademark licensor, expert witness and provides trademark valuations. He can be reached at 773-589-0340 http://rentmark.blogspot.com/
www.rentamark.com/ fax 773-589-0915

CENTRAL MFG CO., a Chicago based Delaware Corporation, a trademark licensing and marketing firm, filed a notice of Opposition to a DREAMWORKS trademark Application for the mark REX HAVOC.

HAVOC v. REX HAVOC


CENTRAL holds rights to the famous HAVOC trademark. DREAMWORKS plans to release an animation featuring a character known as REX HAVOC. CENTRAL moved to dispose Steven Spielberg, but Spielberg refused to testify. This trademark controversy has been on going for over 4 years now.

The release of the REX HAVOC animation, directed by Conrad Vernon and Rob Letterman, is just around the corner and DREAMWORKS has not even cleared the REX HAVOC mark yet. DREAMWORKS is already started to license the REX HAVOC mark before the Opposition proceeding has been concluded. REX HAVOC is supposed to be better than SHREK.
In the Opposition CENTRAL has several HAVOC Trademark Registrations. DREAMWORKS has none, so there no issue of priority. The only issue is whether the use of the mark REX HAVOC is confusingly similar to the mark HAVOC on the same and/or related goods. Does the addition of the generic term REX serve to distinguish DREAMWORKS mark from Centrals famous HAVOC trademark? Can DREAMWORKS obtain a registration on an animation character? These are issues that the Trademark Trial and Appeal Board will have to decide. The Chief Judge of the TTAB is Judge David Sams.
CENTRAL has had the famous HAVOC mark for over 20 years, using and licensing it to a broad range of HAVOC trademark licensees including EASTON SPORTS. One of the largest sporting goods firms in the United States. Centrals HAVOC BRAND is being sold through all of the leading sporting goods retailers in the country for over 20 years.

Please advise Leo Stoller of any unauthorized use of the HAVOC trademark. ldms4@hotmail.com/ 773-589-0340
fax 773-589-0915 http://rentamark.blogspot.com/
www.rentamark.com/ Please contact Leo Stoller for trademark licensing opportunities of the mark HAVOC and numerous other famous brands, trademark valuations and expert witness testimony.

AMERICANS FOR THE ENFORCEMENT OF INTELLECTUAL PROPERTY recognizes David J. Hurley Esq., of Knechtel, Demeur & Samlan of Chicago, Illinois 60606 as an outstanding IP Attorney for 2006. www.rentamark.com/aeipr/
http://rentmark.blogspot.com/

AMERICANS FOR THE ENFORCEMENT OF JUDICIAL ETHICS (AEJE) does not recommend the law firm of QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP and/or MICHAEL ZELLER Esq. www.rentamark.com/aeje/
http://rentmark.blogspot.com/

THE POPULARITY OF JOHN L. WELCH AND MARTY SCHWIMMER IS OVERWHELMING within the trademark community. After INTA Rentamark ran an informal election to see who the most popular trademark guru in America as between the two proclaimed popular leading figures, MARTY SCHWIMMER and JOHN L. WELCH. It appears that American demand that in every industry, including the Trademark industry, we must have our celebrities. There is no question that from the results of the rentamark informal election that both Mr. JOHN L. WELCH and MR. MARTY SCHWIMMER have exceeded the thresh hold of "well" known and crossed into that rear atmosphere know in the trademark community as "famous" as defined by the Lanahm Act.

The other reason why Leo Stoller knows that these two fine gentelmen are famous, is that there is no trademark attorney in America that Leo Stoller can talk with that has not said that "I know you, I have read all about you in John L. Welch's TTABLOG, I believe that my client would rather settle than fight based on your... reputation". So if every trademark attorney in American knows Leo Stoller because he read about Leo Stoller in John Welch's blog, how famous must John Welch be?

As a well know expert witness in the trademark community, if called ( 773-589-0340) to testify about the fame of Mr. Welch or Mr. SCHWIMMER, Leo Stoller has personal knowledge of such fame and could attest to under oath.

For trademark licensing opportunties, trademark evaluations, expert witness testimony, Please call Leo Stoller 773-589-0340 ldms4@hotmail.com/
http://rentmark.blogspot.com/ www.rentamark.com/

V.




GOOGLE filed a trademark infringement against FROOGLES, after FROOGLES brought an opposition against google trademark Application for the mark FROOGLES. FROOGLES despite a earlier first use date, now is facing a district court action. FROOGLES can take heart in a recent decision that did not reward the Plaintiff who had filed a similar trademark infringement complaint. National Nonwovens Inc. v. Consumer Products Enterprises Inc. 78 USPQ2D 1526 (D.Mass 2005). The court in National granted the Defendant's motion for summary judgment canceling the Plaintiff's mark(s) on the ground of genericness. The only thing that the Plaintiff walked away with was "not having to pay the fees of its opponent." In view of the overwhelming evidence that the mark GOOGLE is generic, having been listed in the dictionary for search services, the identical goods covered under GOOGLE trademark Registration, GOOGLE is only one court decision from receiving the same fate of National.
By contrast CENTRAL MFG CO., filed an Notice Opposition and Petition to Cancel against GOOGLE's application and Federal Trademark Registration based primarily on a ITU.

CENTRAL has standing pursuant to 37 CFR Section 2.111(b) to bring the petition to cancel and to have filed an Opposition. GOOGLE has no valid grounds up which a trademark infringement action could be sustained in any district court. As well known to GOOGLE's counsel.


The filing of an Opposition and/or Petition does not give an opponent the grounds to bring a trademark infringement action in the district court. The trademark controversy as between Central and Google is only a registerability controversy where the correct forum is the Trademark Trial and Appeal Board. District Court cases that are brought in exchange for a party merely filing and Opposition or cancellation are routinely dismissed because there is no justiciable controversy in the district court when the only issue is the registerability of a trademark. See McCarthy on Trademarks.

CENTRAL MFG CO a Delaware Corporation file a notice of Opposition and has Petitioned to Cancel GOOGLE's Federal Trademark on the grounds that it has become "generic". GOOGLE is in the dictionary, it is a "verb" and the word "google" now describes GOOGLE's services covered under its Trademark Registration. GOOGLE INC., the Defendant in the case has now moved to divide its trademark Application. CENTRAL MFG CO., has opposed.

If you have an opinion as to the fact that "google" is descriptive and would like to testify in an Opposition please email Leo Stoller ldms4@hotmail.com/ 773-589-0340
www.rentamark.com/ http://rentmark.blogspot.com/

AMERICANS FOR THE ENFORCEMENT OF ATTORNEY ETHICS (AEAE)
www.rentamark.com/aeae does not recomend Michael Zeller Esq., a partner in the firm of QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP. AEAE is a group that advocates strick enforcement of attorney ethics for over 25 years. If you have any information on Michael T. Zeller that you would like to share email ldms4@hotmail.com/ AEAE is located in CHICAGO, Illinois In the event that you are involved in a legal proceeding before retaining the lawyer and/or law firm, you should contact AEAE to find out if that lawyer and/or law firm is listed on AEAE's non-recommended list of lawyers and law firms to save yourself potential malpractice action and/or having to file a disciplinary complaint against a lawyer for violating 773-589-0340 773-589-0915FAX

.

LEO STOLLER IS A TRADEMARK EXPERT, TRADEMARK LICENSING AGENT AND TRADEMARK DAMAGE AND VALUATION EXPERT. It is important that every company has a evaluation of its intellectual property. Companies needing capital can use intellectual property as collateral. A companies trademarks could be worth a million dollars and the company not even account on its balance sheet for the value of its trademark. Please contact Leo Stoller for you intellectual property evaluations, trademark licensing opportunities, expert witness testimony, buy sell and/or rent trademarks. ldms4@hotmail.com 773-589-0340
fax 773-589-0340 http://rentmark.blogspot.com/
www.rentamark.com/
If you have any opinion of the fact that the GOOGLE trademark has become "generic" and/or descriptive of its goods and services please contact us. We are conducting a survey.

GOOGLE FILED ITS RESPONSE TO A NOTICE OF OPPOSITION FILED BY CENTRAL MFG CO, A Delaware Corporation against a Federal Trademark Application. CENTRAL MFG CO., has also filed a petition to Cancel GOOGLE's Trademark which has become a "verb" listed in the dictionary and it is generic, no longer entitled to Trademark Registration. Michael Zeller the famous trademark attorney, who represents GOOGLE, in the said response denies that GOOGLE has become generic and/or descriptive.

Leo Stoller the President of CENTRAL and also its representative. Leo Stoller is also a nationally renowned trademark authority www.rentamark.com/ , expert witness www.rentamark.com/aeipr/ and trademark evaluator, licensor. You can reach Leo Stoller at 773-589-0340 ldms4@hotmail.com/ if you have any information on the GOOGLE trademark becoming "generic" and/or would like to testify in the opposition proceeding. We are conducting a survey and would like to have your opinion. Leo Stoller is also a nationally know legal ethics expert as seen on FOX NEWS and CBS. www.rentamark.com/aeae/ www.rentamark.com/aeje/

THE OTHER DAY ON THE WAY TO COURT, Defendant's counsel, a Blond, wearing shades, came up to Leo Stoller and said,

"My client is willing to settle this case, and pay you $50,000 so as to avoid ever having to look at your face in a court room again."

Leo Stoller responded to her, "For $50,000 thousand tell your client she can look at my face. For $100,000.00, she doesn't have to look at my face again."

Leo Stoller is a trademark licensing agent, trademark expert and provides trademark valuations, expert witness testimony. Contact Leo Stoller ldms4@hotmail.com/
773-589-0340 773-589-0915 FAX http://rentmark.blogspot.com/
www.rentamark.com/

EVERYONE CAN AGREE THAT THE WORST LEGAL ADVISE OF THE 21ST CENTURY was to advise RIM not to pay NTP $10 million dollars in 2002 to settle the patent dispute between Canadian-based maker of the popular BlackBerry wireless e-mail device and NTP, Inc., a Virginia patent firm. RIM's attorney encourged RIM not to settle, "they could win this case, RIM does not pay tribute". Instead RIM paid NTP $612.5 MILLION DOLLARS to settle the four-year legal battle.
There is a price-value-relationship to settle cases early. Litigation is an uncertain art. No matter who believes the merits are on their side, could face their armageddon.

If you have any information on the GOOGLE mark becoming "generic" and would like to share it with us Please contact Leo Stoller ldms4@hotmail.com 773-589-0340
fax 773-589-0915 http://rentmark.blogspot.com/ www.rentamark.com/
Call also for trademark valuations, trademark litigation support services.

IN A DECISION IN EBAY V. MERCEXCHANGE the court ruled that a permanent injunction may not always follow a count finding of patent infringement. Justice Thomas wrote the decision with opinions by Justice Kennedy and Chief Justice Roberts. The decision is clearly a back lash created by the BlackBerry Legal Defeat, where BlackBerry paid $612.5 million to settle a patent dispute. This unanimous decision by the court is clearly a defeat for the patent inventor and for the motivation to create innovation. Patent holders are outraged by such a bias and prejudicial decision against invention. It surely will dampen innovation.

Where once an inventor could count on an automatic injunction, the court has now stated that not to be the case. This will encourage infringers. Lessen the risk of getting caught. This is clearly a "glass house" decision by individuals that have never invented anything, hold no rights to intellectual property and have demonstrated a callous disregard for all who labor in their garages to make American lives better through invention. This decision, sadly favors large companies and gives them a green light to "take what others have invented" and use it for free.

The framers of our constitution are spinning in their graves today. The truly frightening thing about this decision is that it was unanimous. Not one judge descended. The only judge that would have descended would have been Judge Harriet Myers. But she was not on the bench. Which goes to establish that it doesn't matter if a supreme court judge had previous experience as a judge, went to the best law school, received the highest grades, served in government posts all of his life, none of that really matters when it comes down to being able to make a fair and impartial decision applying the facts to the law. The truly freighting thing is that the Harriet Myers "fiasco" was not a fiasco. Judge Myers should have been on the bench, but for a group of policitially connected no-nothings.

This supreme court needs balance, not more experienced judges who are so removed from the law that they cannot see the forest through the trees. What this court failed to realize is that an inventor may take a life time perfecting his invention. The fact that the inventor has not brought his invention to market is not the point. The fact that another party "stole" his invention should entitle that inventor to an injunction. Judge Harriet Myers knew this fundamental principle of fairness, the other nine sitting justices unfortunately, were unable to "get it". To come to a fair and impartial decision in this case in support of the lowly inventor. The justices did not want to see another $612 Million dollars go to an inventor, who did not even have a product on the market, with out which there would be no inventions, no computers, no internet, no cell phones and no America.

Leo Stoller is a trademark expert, for trademark valuations, trademark licensing call 773-589-0340 ldms4@hotmail.com/ fax 773-589-0915 www.rentamark.com/

CAMERON DIAZ AND ANGELINA JOLIE were at a Hollywood awards dinner for the Starving Children Fund last evening. A 10:00PM television news program happen to be on showing a guy hanging from a bridge.

Angelina Jolie said to Cameron Diaz, "I'll bet you that guy jumps off the bridge."

Cameron said, "I'll bet you he doesn't jump."
The guy jumps.

Angelina says, "I can't take your money I knew he would jump, because I saw it on the five o'clock news."

Cameron says," I saw it on the five o'clock news too, but I didn't think he would jump again!"

Do blonds really have more fun than Brunettes?

John Kerry said they do and that "all blonds are democrats."

Al Gore said that if he runs for President he will need the support of "all blonds."

George Bush said that Al Gore carried the "Blond vote" in the 2000 election and would no doubt carry it again, if he runs for president in 2008.

http://rentmark.blogspot.com/ www.rentamark.com/ contact Leo Stoller ldms4@hotmail.com/ for trademark valuations, expert trademark testimony and trademark licensing opportunties.

"Google calls in the 'language police'
By Jonathan Duffy
BBC News Online June 20,2003

Google is now a verb, meaning to search. It sounds like the ultimate compliment to the company, so why do its lawyers want to keep the word out of our dictionaries?"

ALTHOUGH there have been thousands of articles written on how GOOGLE has lost its trademarkability because it has become "generic" and generic words are not trademarkable, Google's Federal Trademark Registration still must be canceled. Somebody with standing has to role up their sleeves... The Trademark Trial and Appeal Board is not going to cancel Google's generic mark sua sponte.

Generic terms are terms that the relevant purchasing public understands primarily as the common or class name for the goods or services. In Google's case, the trademark GOOGLE has become "generic" and is now used as verb "google," which is now in the dictionary, means "to make a search and/or internet search". That is exactly what are the services covered under GOOGLE's flagship trademark Registration No. 2,806,075.

Generic terms are terms that the relevant purchasing public understands primarily as the common or class name for the goods or services. Generic terms, like GOOGLE, are by definition incapable of indicating a particular source of the goods or services, and can't be registered as trademarks; doing so "would grant the owner of the mark a monopoly, since a competition could not describe his goods as what they are." In re Merill Lynch, 828 F.2d at 1569, 4 USPQ2d at 1142.

Now Google lawyers will do everything in there power to prevent the Trademark Trial and Appeal Board from reaching a decision on the merits of Central Mfg. Co., Petition to Cancel No. 92045778, the Google Trademark Registration No. 2,806,075.

Central has evidence that Google's attorneys have even gone so far as having written to companies who have defined the Google mark as "generic", threatening them, to prevent the "google" mark from becoming generic. Why would Google instruct its attorneys to do that, to attempt to change the lexcon of the google word? Google's business model is "do no evil!"

This case has attracted attention from the entire Trademark Community as well as the national media. Because it is not sufficient for a trademark merely to become "generic" and lose it source identifying quality, the "generic" mark must be purged off of the principle trademark register.
This task has fallen upon Centra Mfg. Co., a Delaware Corporation, lead by Leo Stoller, a trademark expert see www.rentamark.com/ with 30 years experience in trademark law and is the Executive Director of Americans For the Enforcement of Intellectual Property Rights
www.rentamark.com/aeipr/ that has standing to Petition to cancel the Google mark. Not any party can move to Cancel a Federal Trademark Registration unless they have standing See 37 CFR Section 2.111(b). Leo Stoller is also the Executive Director of Americans for the Enforcement of Attorney Ethics www.rentamark.com/aeae www.rentamark.com/aeje/

Now GOOGLE' lawyers, the famous QUINN EMAUEL URQUHART OLIVER & HEDGES, LLP firm, lead by the renound Michael Zeller Esq., who it is alleged has a brilliant trademark mind, (remember "if it doesn't fit you must acquit" that was Mr. Zeller's line) will try and are trying to do every procedural trick in the book to prevent the case from going to a final decision by the Trademark Trial and Appeal Board. They will attack "standing" they will file their motion to dismiss, they will take discovery, depositions, they will beat the drum etc., and bring themselves into disrepute in the process, see other articles blogged here about Michael Zeller and Co. They will even put their law licenses on the line see www.rentamark.com/aeae/

But in the end, after QUNINN EMAUEL encourges Google' s to expend an additional million or two in legal fees (which is nothing to a Billion dollar company according to some) to prevent the inevitable cancellation of its CLEARLY GENERIC mark(s), Google's Federal Trademark Registration No. 2,806,075, et al., will and should be canceled off of the principle register.

Google receives an A+ for business plan and a F for trademarks.

In the last scene of this play, reminiscenice of Boston Legal, Google's attorneys will then appear on the balcony, smoking their large cigars, drinking martinis, looking out over the beautiful Los Angeles sky line, when one of them, Mr. Zeller is heard saying, "I could use some additional ice in my drink?"

It is important to note that all trademarks, including, google's mark sought to be canceled are always tied directly to a specific Federal Trademark Registration. After Google's Registration No. 2,806,075 falls, the rest of Google's Federal Trademark Registrations will fall like "ten pins" as they should, when the bowler who is throwing the ball in the case at bar, has thrown similar balls successful for 30 years. "It is one thing to merely be a good bowler (lawyer), it is another to have the facts and law on your side," said Johnny Cockgrin.

The question in the trademark community is who's generic trademark will be canceled next? Coke-a-Cola?

If you have any information on the google trademark becoming generic and/or merely would like to give us you opinion please contact Leo Stoller ldms4@hotmail.com/

THE AMERICANS FOR THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
www.rentamark.com/aeipr/ a group that for 25 years encourages the strick enforcement of American Intellectual Property rights does not recommend any one to use the law firm of QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP and/or Michael Zeller Esq. The Executive Director of AEIPR Leo Stoller requests that you send any information regarding your dissatisfaction with the QUINN EMANUEL or Michael Zeller Esq. firm to ldms4@hotmail.com/
http://rentmark.blogspot.com/ www.rentamark.com/

MATTHEW SAUNDERS AND ARON SILVERSTEIN are now commenting on copyright, trademarks check http://legalfixation.blogspot.com/

LEO STOLLER IS AN EXPERT VALUATOR FOR COPYRIGHTS, PATENTS AND TRADEMARKS. Expert witness for intellectual property. Call 773-589-0340
ldms4@hotmail.com/ www.rentamark.com/ www.rentamark.com/aeipr/

Trademark, copyright or patent?

What is a trademark or service mark?
· A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
· A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet, the terms "trademark" and "mark" refer to both trademarks and service marks.
Do Trademarks, Copyrights and Patents protect the same things?
No. Trademarks, copyrights and patents all differ. A copyright protects an original artistic or literary work; a patent protects an invention. For copyright information, go to http://lcweb.loc.gov/copyright/. For patent information, go to http://www.uspto.gov/main/patents.htm.
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LEO STOLLER IS THE NATIONS MOST RENOUND TRADEMARK and Trademark Evaluation Expert. He has participated in more trademark litigation than any other enenity over the last 25 years. LEO STOLLER can be your expert trademark witness, can provide you with a trademark apprasial please call 773-589-0340 ldms4@hotmail.com/ fax 773-589-0340 emark evaluation, damages and apprase your intellectual properity.

MICHAEL ZELLER Esq, with QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP is alleged to have violated Federal Rule of Evidence 408 and California Rule of Evidence Section 1152. In a pleading filed with the Trademark Trial and Appeal Board Proceeding Opposition No. 91170256 involving a Trademark Application of GOOGLE. MICHAEL ZELLER Esq. Attached to his sworn Declaration settlement documents marked as Exhibit 8, Exhibit 11, Exhibit 12, Exhibit 13 and Exhibit 17 all of which were documents that were tendered to MICHAEL ZELLER pursuant F.R.E. Rule 408 and Cal. Evid. Code 1152. Notwithstanding the fact that such confidential settlement documents are clearly not discoverable MIC