LEO STOLLER

PHOENIX--MONDAY THE CHICAGO BEARS CAME BACK FROM A 20 POINT DEFICIT TO BEAT THE PHOENIX CARDINALS 24-23 in the last few minutes of the game to remain undefeated this season. This victory evidences that comebacks are possible for good teams. Leo Stoller has a Chicago Bears line up of the finest attorneys in Chicago and has appeals pending in all current controversies. Stoller is positioned for a Chicago-Bear-Comeback, which cannot be ruled out. Although everyone who was watching the Bears game, who was not from Chicago, predicated the Bears first lost, were wrong! Leo Stoller too played in many a football game(s) in which his team(s) came back to win. Stoller is confident of victory and no one should bet against him.
Leo Stoller is a trademark expert for over 30 years, who provides trademark valuations, expert witness testimony, brief writing and appeal drafting for legal professionals ldms4@hotmail.com/

CHICAGO-WHERE A TRUSTEE DOES NOT ACT WITHIN THE BEST INTEREST OF AN ESTATE he can be held personally liable for depleting an estate. In the case of Central Mfg Co., the trustee is permitting assets of Central to be given away without any consideration, not withstanding that there is a current appeal pending. The trustee is dismissing lawsuits that are an asset to Central's estate for no consideration. This can be a violation of a trustee's obligation to an estate and a trustee can be held personally liable for such conduct and losses that can inure to an estate based upon the trustee's conduct especially since there is currently a pending appeal.

LONDON--PAUL McCARTNEY has filed a trademark application on a broad range of goods.McCartney has recently joined a large list of celerbities who have attempted to Register their names inorder to join the 150 Billion dollar trademark licensing business. There is some speculation that McCartney's divorce which may cost him half of his estate after a brief three year marriage prompted McCartney to seek an additional source of income. McCartney is 65 and does not know how long he will be able to continue to arouse music fans. Although McCartney is a well known vegetarian, is attempting to register his name on "meats". All of his fans are looking forward to having a "McCartney" brand steak!
Leo Stoller is a trademark expert who provides trademark valuations, expert witness testimony, brief writing for legal professionals email ldms4@hotmail.com/

DALLAS--TEXAS A&M sued the Seattle Seahawks for trademark infringement for the unauthorized use of the 12th Man Flag Texas A&M owns two registrations for the mark for use in connection with bumper stickers, postcards, note cards, novelty buttons, towels, hahts, T-shirts, polo shirts, golf shirts, sweaters, shorts, athletic uniforms, jewelry, college scholarship services and entertainment services. The university claims use dating back to 1922. The Seahawks claim use dating back to the mid-1980s, and the team sells merchandise and apparel with the "12th Man" logo.
Texas A&M has sent cease and desist letters to the Seahawks during 2004 and 2005 seasons protesting use of the slogan, to which the Seahawks never responded.
Leo Stoller is a trademark expert who provides trademark valuations, expert witness testimony and appeal drafting to legal professionals ldms4@hotmail.com/

CHINA--The Chinese Government has trademarked theImperial Palace of the Ming and Qing Dynasty" and the "Forbidden City" because "they have become China's best known brands".
According to spokeman for the Chinese Government, the name of the world-famous Imperial Palace of the Ming and Qing Dynasty and the Forbidden City, has become China's most famous brand(s). The Chinese Trademark Office under the State Administration for Industry & Commerce has issued trademark Registrations to the Chinese Communist Government. A spokeman said, "The Forbidden City is now not only a UNESCO World Heritage site but a brand name for cultural services provided by the Palace Museum such as tourism, art appraisal and educational exhibitions."
The Palace Museum applied for fifteen trademarks including "Forbidden City" and "Imperial Palace of the Ming and Qing Dynasty" to the Trademark Office, and all applications were accepted."
"The Forbidden City has becomes the first cultural site or museum in China to register a trademark in China. Any one caught using the Imperal Palace and/or the Forbidden City trademarks without authority will be jailed and may never be heard from again." According to a Chinese spokeman there is no need for any trademark infringement trial because the Chinese Communist Party "knows an infringer when they see one"! A few T-Shirt vendors with T-Shirts baring the mark Forbidden City were seen being removed from the Forbidden City shortly after the said trademark applications Registered. A spokesman for the relatives stated, "they have no idea were they have been taken to."
Leo Stoller is a trademark expert who provides trademark valuations, expert witness testimony, brief writing to legal professionals contact Stoller at ldms4@hotmail.com/

KOREA TIMES- American coffee chain Starbucks has lost a second trademark dispute with the little-known Korean company Elpreya. The Korea patent court ruled Wednesday against Starbucks, which had filed a trademark infringement lawsuit against the Korean firm Elpreya over the firm's alleged plagiarism of its trademark logo.
The Seattle-based global coffee retailer claimed that Elpreya's use of the brand ``Starpreya'' is an attempt to free ride the fame of Starbucks and cause Korean consumers to confuse the product with its own corporate and brand name.
The Korean Intellectual Property Tribunal's court ruled that the trade names' characteristics and appearances were dissimilar in terms of trademark rights, hence leading to little possibility of confusion.
The court also said there is insufficient evidence of Elpreya plagiarizing Starbucks' trademarks.
The court said that the trade name "Starpreya", a combination of the words of "Star" and "Preya", is very different in appearance from "Starbucks."
Leo Stoller is a trademark expert who provides trademark valuations, expert witness testimony, brief writing for professionals, appeal drafting etc contact Stoller at
ldms4@hotmail.com/

WASHINGTON-LEO STOLLER FILES MOTION FOR RECONSIDERATION OF CAFC decision denying jurisdiction of sanction TTAB order. CAFC argued that it did not have jurisdiction under 15 USC 1071 because the sanction "decision "in this case was not issued within a trademark opposistion proceeding..." Stoller argues that CAFC under 28 USC 1295(a)(4)(B) and 15 USC 1071 has jurisdiction over the 20 + Oppositions that were dismissed by the TTAB as a result of the said sanction. Stoller filed four notices of appeal with the Federal Circuit. If the Federal Circuit continues to assert that it does not have jurisdiction over Stoller's first Appeal of the Sanction Order clearly CAFC would have jurisdiction over Stoller's three other appeals which involved dismissed Oppositions under 15USC 1071.

CHICAGO--LEO STOLLER FILING AN APPEAL IN THE PURE FISHING CASE. Stoller is appealing Judge Linberg decision. Stoller believes that it will not stand the light of day before the 7th Circuit.

NEW YORK--GOOGLE INC., sent a letter to: BOOBLE.COM Charging Infringement of Google's trademarks and trade dress: http://www.booble.com/ble.com
Dear Sir or Madam:
Google is the owner of the well-known trademark and trade name GOOGLE, as well as the domain name GOOGLE.COM. As you are no doubt aware, GOOGLE is the trademark used to identify our award-winning search engine, located at http://www.google.com/.
We have recently become aware of your website at http://www.booble.com/ (the Domain Name). This Domain Name is confusingly similar to the famous GOOGLE trademark. Your web site is a pornographic web site. Your web site improperly duplicates the distinctive and proprietary overall look and feel of Google's website, including Google's trade dress and the GOOGLE logo.
LEO STOLLER has filed a Petition to cancel Google Inc.'s trademark Google on the grounds that it has become "generic" and/ or "discriptive" of the serices that GOOGLE INC. offers. Evidence can be established by merely "googling" "google" is a verb in any search engine. The mark "boogle" is clearly distingiushable from the "generic" dictionary term "google".
LEO STOLLER is a trademark expert who provides trademark valuations, expert trademark witness testimony and brief writing to legal professionals. Contact Stoller ldms4@hotmail.com/

Wal-Mart Stores Inc. and Index a air-mattress suppliers Monday were ordered by a federal appeals court to pay $5.9 million to Aero Products International Inc. for infringing a patent.
The U.S. Court of Appeals for the Federal Circuit in Washington upheld a judgment against Wal-Mart and Intex Recreation Corp. of Long Beach.
Wal-Mart shares fell 88 cents to $48.44.
Leo Stoller is a trademark expert, who provides trademark valuations, expert witness testimony, brief writing to legal professionals. Contact Stoller ldms4@hotmail.com/

NEW YORK -AP- Luxury handbag and accessory maker Coach Inc. has sued Target Corp., alleging the Minneapolis retailer is selling a counterfeit handbag that claims to be an authentic Coach product.
The New York-based luxury goods company claims a counterfeit handbag that is an "exact replica of a genuine Coach handbag" and that bears a counterfeit of at least one Coach trademark was purchased from a Target store in Largo, Fla.
The lawsuit, filed late Friday in federal court in Manhattan, is seeking more than $1 million in damages.
Target denied the allegations Monday and insisted it doesn't sell forgeries.
"Target has procedures in place to ensure that we do not sell counterfeit products to our guests," Target spokeswoman Carolyn Brookter said in a prepared statement. "We have been assured that the Coach product showcased in our store is authentic; therefore we believe the lawsuit is without merit."
In a related story Central Mfg Co., had sucessfully opposed TARGET's trademark Application for the mark TARGET on sporting goods. TARGET was unsucessfull in a petitioned to cancel Central's mark.
Leo Stoller is a trademark expert, who provides trademark valuations, expert witness testimony, brief writing to legal professionals email ldms4@hotmail.com/

EUROPE--HORMEL THE MANUFACTURER OF THE LUNCHEON MEAT SPAM WAS DENIED TRADEMARK REGISTRATION of the mark SPAM in relationship to "economic consultancy, particularly in combination with network services...to avoid or suppress unsolicited emails". The application was with the Office for Harmonisation in the Internal Market (OHIM). The examining attorney stated "that the mark consists exclusively of a descriptive term used in the trade, which refers directly and unequivocally to characteristics of the services applied for." The said rejection are similar grounds in which Central Mfg Co., has petitioned to cancel the Google trademark which is now "exclusively of a descriptive term used in the trade".

BOSTON--The Boston Business Journel reported that Foley Hoag LLP has settled its trademark infringement dispute with Foley & Lardner LLP.
Under the agreement, announced Tuesday, Foley & Lardner will not use a logo with the single word "Foley" if it does not also have "Foley & Lardner" in close proximity and prominence. Foley & Lardner also agrees not to refer to itself as "Foley" in written or oral communciations unless the word "Foley" is used in a context that would be "reasonably understood" to be referring to Foley & Lardner.
John Welch partner of Foley Hoag LLP, called it a "vindication of our position."
Foley Hoag filed a complaint against Foley & Lardner in federal court in Boston in October 2005, after Foley & Lardner had used "Foley" in advertising and marketing materials. Foley Hoag had registered its full name as a service mark three years before; when Foley & Lardner tried to register "Foley" as a service mark, the U.S. Patent and Trademark Office turned it down in 2004.
Leo Stoller is a trademark expert who provides trademark valuations, expert witness testimony and brief writing to legal professionals email Stoller at ldms4@hotmail.com/

WASHINGTON- High Court Patent Case May Have Profound Business Impact on Trademark law the U.S. Supreme Court opens its term this week with a challenge that could have profound business implications for patent holders and those who pay them for licenses. It also could have implications for Trademark holders and their licensees. The challenge to the Federal Circuit's obviousness standard -- is receiving great attention, MedImmune v. Genentech also has high stakes. Marcia Coyal says, " MedImmune challenges the Federal Circuit's rule that a patent licensee cannot bring a declaratory judgment action questioning the validity of the licensed patent as long as the licensee has not breached the license agreement. "MedImmune, a procedural case, has an opportunity to open up a whole new class of cases to scrutiny by the courts," said Dratler. "Those are cases where a company thinks a patent is bad or may be bad, but the company can't take the economic risk -- the possibility of treble damages -- to challenge it." At the heart of MedImmune's high court challenge is the Federal Circuit's interpretation of Declaratory Judgment Act's requirement that there must be a "case of actual controversy" for jurisdiction. The requirement stems from Article III of the Constitution, which says there must be an actual problem before the courts can issue a declaratory judgment. In 2004, the Federal Circuit held in Gen-Probe Inc. v. Vysis, 359 F.3d 1376, that a licensee must breach its licensing agreement to create a "case of actual controversy" over the validity of a patent. If not, the court said, the patent holder, having contracted away its right to sue for infringement, would find itself "in continuing risk of attack on the patent whenever the licensee chooses." A decision in MedImmune can have implications in trademarks effecting the Doctrine of Licensing estoppel, where a licensee is barred from suing a trademark licensor for trademark infringement. All intellectual property professionals will be watching the court's decision in this case
Leo Stoller is a trademark expert who provides trademark valuations, expert witness testimony and brief writing, appeals to legal professionals ldms4@hotmail.com/

CHICAGO--LEO STOLLER OFFERS A FREE BOTTLE OF STOLLER WINE WITH EACH TRADEMARK APPRAISAL PERFORMED IN THE MONTH OF OCTOBER. Leo Stoller is a trademark expert and performs trademark valuations of trademarks, copyrights and patents. Fall is here and it is harvest time at the STOLLER WINERY. Leo Stoller will present a free bottle of STOLLER WINE, the finest wine in the country with each trademark appraisal performed during the October grape harvest. Leo Stoller can be reached at ldms4@hotmail.com/

CHICAGO-One fundamental question that every Appellate attorney must ask themselves is how many issues should one raise on Appeal? Although this advise does not apply to every appeal, the magic number of issues to raise on appeal is three. An attorney may have a hundred issues that are appealable, however, the court may never find the strongest issue for appeal if it is buried among numerous weak issues for appeal. Remember three issue rule, like three strikes. Raise the strongest issue first and the probability of hitting a home run is greater. Also consider that since only about 6% of all cases that are appealed in most courts are ever reversed you need to position your appeal to fall within that 6% reversal figure, otherwise your client's appeal is doomed.
Leo Stoller is an expert on appellate issues and can provide appeals, briefs to legal professionals. Trademark valuations, expert trademark testimony contact Stoller at ldms4@hotmail.com/

CHICAGO-TRADEMARKS NEED TO BE PROTECTED in order not to lose trademark protection. Just like a beautiful mate, if you do not pay close attention to her, she can be stolen from you. Leo Stoller is a trademark expert who can help your firm from having your valuable trademark rights stolen from you. Stoller also can provide trademark valuations, trademark policing program and for legal professionals legal research, brief writing, appeal drafting. Contact Stoller at ldms4@hotmail.com/

CHICAGO--According to Michael Brush guess which big-name corporate chairman deserves a pink slip? It's the guy who built up $2 billion in debt before stepping down as CEO. It's the guy who let his main source of revenue -- casinos -- grow shabby at a time when upscale gamblers were looking for ritzy. It's the egomaniac whose eponymous new magazine has a picture of his daughter on the cover. It's the guy that is wasting his time on TV while Rome burns, it's the guy that has time traveling around the country telling people how to make money, when he's going broke, it's The Donald.
Leo Stoller is an intellectual property expert who can be contacted at ldms4@hotmail.com/