LEO STOLLER

HOW COULD INTA DO THIS AGAIN?

INTA HAS SNUBS LEO STOLLER for the second year in a roll by not inviting him to speak. Leo Stoller, one of the leading trademark authorities and trademark litigants in the country was again frozen out by INTA and its members. To add insult to injury, Leo Stoller was not even invited to any INTA related parties. As such Leo Stoller has called for a boycott of INTA by all of the beautiful people to avoid INTA this year.

Leo Stoller is a trademark licensing agent and trademark valuation expert who can be reached at ldms4@hotmail.com Stoller's blog is http://rentmark.blogspot.com/ web site
www.rentamark.com/ telephone 773-589-0340, fax 773-589-9340

LEO STOLLER's BLOG http://rentmark.blogspot.com/ and web site http://www.rentamark.com/ are reported by the media to be generating more traffic and hits than any other trademark licensing and trademark valuation site on line with the beautiful people. You too can become part of the rentamark jet set crowd by licensing a famous trademark to make your business more successful. Using a famous rentamark brand says a lot about your business. Likewise receiving a valuation as to what your intellectual property is worth can help you obtain the additional financing you need to say in business. Such valuations are necessary to obtain loans, establish damages in trademark infringement lawsuits and to let your friends know just how valuable you are. You could be the next Donald Trump and not even know it!

You can reach the ultimate word myster Leo Stoller for trademark licensing opportunites for the famous trademarks: STEALTH, SENTRA, DARK STAR, AIR FRAME, HAVOC, WHITE LINE FEVER, STAR LITE, LOVE YOUR BODY, CHESTNUT, STRADIVARIUS, TRILLIUM, 24 KARAT, ANNIHILATOR, AQUILLA, AEROSPACE, CREATIVE TRAVEL, MERCHANT OF VENICE, TRAVEL NURSE, NIGHT STALKER etc., If you cannot find the mark you would like to license at www.rentamark.com/ please inquire at ldms@hotmail.com phone 773-589-0340, fax 773-589-0915, mailing address is 7115 W. North Avenue #272, Oak Park, Illinois 60302 See you at the top!

LEO STOLLER line of famous trademarks STEALTH, DARK STAR, TRIANA, HAVOC, AIR FRAME, STRADIVARIUS, TRILLIUM, WHITE LINE FEVER, PHALANX, FIRE POWER, CHESTNUT, AQUILLA, ANNHILATOR, TRIADE, STAR LITE, TURBOJET, 24 KARAT, MERCHANT OF VENICE, NIGHT STALKER, CREATIVE TRAVEL, AEROSPACE, COLLIDER, HYPERSONIC, LOVE YOUR BODY , TRAVEL NURSE, etc are evocative marks. They are known world wide for quality and the most beautiful people in the world buy the goods and services represented by these famous brands.

You can contact Leo Stoller for licensing opportunities by email ldms4@hotmail.com/ phone 773-589-0340, fax 773-589-0915 www.rentamark.com/ Mr. Stoller stands ready to go to work for you. Mr. Stoller also does trademark valuations, expert witness testimony and provides litigation support services.

LEO STOLLER has filed an extension to Oppose a trademark that Donald Trump has applied for.

In the 19th century it was land barons that controlled the wealth in this country through their holdings in real property. In the 21st Century the wealthiest people in America are the ones that own the most intellectual property, ie Bill Gates. In fact Mr. Gates who is the wealthiest person in America owns very little real property but a great deal of intellectual property. However, Mr. Trump is attempting to catch us by acquiring rights in intellectual property. He has filed over a 100 trademark applications recently.

Mr. Trump is also locked in a trademark controversy with his former wife Ivona Trump who is also attempting to usurp Mr. Trump's name by applying for numerous federal trademarks for the TRUMP mark. Long after the Trump divorce the controversy as between Ivona and Donald continues. It appears that Ivona will not be satisfied until she takes Trump's trademark rights to his name. Such conduct supports the funtamental principle that "hell has no furry like a woman scorned."


Leo Stoller is a major licensor of famous trademarks like STEALTH, SENTRA, DARK STAR etc he can be emailed at ldms3@hotmail.com his blog is http://rentmark.blogspot.com/
www.rentamark.com/ 773-589-0340 fax 773-589-0915 Mr. Stoller also does trademark valuations, expert witness testimony and offers litigation support services. He wants to work for you. Contact him today!

LEO STOLLER the leading trademark licensor www.rentamark.com/ has not had to promote its DARK STAR trademark because it is a very hot properity. Stoller's blog http://rentmark.blogger.com/ contact STOLLER via email at ldms4@hotmail.com phone 773-589-0340 STOLLER also provides trademark valuations, expert witness testimony and other legal support services.

LEO STOLLER, the nations most famous trademark authority offers a wide range of famous trademarks for licensing to companies, namely STEALTH, DARK STAR, TRIANA, AIR FRAME STRADIVARIUS, TRILLIUM, WHIT LINE FEVER, HAVOC, FIRE POWER, CREATIVE TRAVEL, CHESTNUE, COLLIDER, LOVE YOUR BODY, STAR LITE, 24 KARAT, SENTRA, AQUILLA, AEROSPACE, TURBOJET, PHALANX. These marks are all registered as the United States Patent and Trademark and are available to you for license through
www.rentamark.com/ STOLLER's blog is http://rentmark.blogger.com/ You can contact Mr. STOLLER by email ldms4@hotmail.com by phone at 773-589-0340, fax 773-589-0915
Rentamark.com 7115 W. North Avenue #272, Oak Park, Il. 60302

LEO STOLLER the nations leading trademark authority has won another legal victory at the TRADEMARK TRIAL AND APPEAL BOARD. It is reported that STOLLER has won more oppositions and petition to cancel proceedings than any other party. STOLLER is available to give Expert witness testimony, trademark valuations and to license a broad range of famous trademarks, STEALTH, SENTRA, DARK STAR, TRIANA, STRADIVARIUS, AIR FRAME ETC. His blog is http://rentmark.blogger.com/ his firms web site is www.rentamark.com/
STOLLER is also the Executive Director of a number of well known legal trade associations
www.rentamark.com/aeae www.rentamark.com/aeje www.rentamark.com/aeipr STOLLER CAN be contacted by email ldms4@hotmail.com/ telephone 773-589-0340 fax 773-589-0915

MATTEL the well known toy manufacturer applied for the STEALTH TRIKE trademark Application at the Patent and Trademark Office (PTO) on July 28, 2005 in international class 28 for toys, games and playthings. Examining attorney Ms. Kristin M. Dahling issued a blistering rejection of MATTEL's STEALTH trademark Application stating that "registration of the proposed mark is refused because of a likelihood of confusion with the marks in U.S Registration Nos 2859897, 2892249, 2657452,13323378 and 1434642." Trademark Act Section 2(d) refusal.

CENTRAL MFG CO., holds rights to the said STEALTH Federal Trademark Registrations sited against MATTEL' s trademark Application 78/680,962. STEALTH is a famous mark and CENTRAL MFG CO., is the exclusive worldwide licensor of the mark STEALTH.

In the trademark licensing world, CENTRAL'S STEALTH mark is one of the hottest properties sought after by every major company in the world for the last 17 years. For trademark licensing opportunties please contact CENTRAL at ldms4@hotmail.com/ 773-589-0340 Fax 773-589-0915 see also
www.rentamark.com/

CENTRAL MFG CO., (CENTRAL)the exclusive world wide licensor www.rentamark.com/ for the famous trademark STEALTH, filed a Notice of Opposition with the Trademark Trial and Appeal Board against Application SN 78-373334 for the mark MANAGED STEALTH CARE for use in International Class 42 for Computer software patch management services and computer virus prtoection services.
Although CENTRAL does not own a registration on the identical goods and services as the E-Merging Technologies Group, owners of Application SN 78-37334, CENTRAL does hold rights to over 35 STEALTH Federal Trademark Registrations and prevailed in the said Opposition. On April 3, 2006 the Board entered Judgment in favor of Central in Opposition No. 91167557.

CENTRAL stands ready to assist any party in licensing famous trademarks, like STEALTH doing trademark valuations and providing trademark litigation support services. Call 773-589-0340, fax 773-589-0915 or you can email ldms4@hotmail.com

THE INTERNATIONAL HEARLD TRIBUNE reported today that "after two years and thousands of hours of investigation in conjunction with law enforcement agencies in China, Taiwan and Japan, NEC said it had uncovered something far more ambitious than clandestine workshops turning out inferior copies of NEC products. The pirates were faking the entire company.

Evidence seized in raids on 18 factories and warehouses in China and Taiwan over the past year showed that the counterfeiters had set up what amounted to a parallel NEC brand with links to a network of more than 50 electronics factories in China, Hong Kong and Taiwan.

In the name of NEC, the pirates copied NEC products, and went as far as developing their own range of consumer electronic products everything from home entertainment centers to MP3 players. They also coodinated manufacturing and distribution , collecting all the proceeds."

Unless a trademark holder agressively Polices its brand it will not have a brand. If you are looking for help in agressively policing a brand and/or brands, need an Expert Trademark witness, a trademark valuation etc please contact Leo Stoller 773-589-0340 773-589-0915 FAX www.rentamark.com/
ldms4@hotmail.com/

GILLETTE, the well known razor blade company, Application SN 78-471615 for the mark STEALTH was denied by the Patent and Trademark Office ("PTO"). GILLETTE in an attempt to circumvent rentamark.com's exclusive rights in and to the mark STEALTH, GILLETTE applied to the PTO to register the mark STEALTH for razor blades. The examing attorney Ms. Susan Kastriner Lawrence issued a decision "refuses registration unter Trademark Act Section 2(d) because when used on or in connection with the identified goods, so resembles the (rentamark.com's) U.S. Registration No. 2,403,775 for the mark STEALTH, as to likely to cause confusion to cause mistake or to deceive TMEP Section 1207.01. http://www.rentamark.com/ is the exlcusive world wide licensor of the famous mark STEALTH and hold rights to over 35 STEALTH Federal Trademark Registrations. For licensing opportunies for the mark STEALTH call 773-283-3880 Fax 773-453-0083 email ldms4@hotmail.com

World Intellectual Property Day A Message from President George W. Bush Today, April 26 is World Intellectual Property Day. The power of ideas as the seedbed for innovation and creativity is the theme of this year’s observance. President Bush issued the following message to mark the sixth annual World IP Day. April 25, 2006 I send greetings to all those observing World Intellectual Property Day. In today's increasingly competitive world, improved enforcement of intellectual property rights is critical to establishing free and fair trade among nations and to protecting consumers and hardworking innovators. World Intellectual Property Day helps raise awareness about intellectual property and the many contributions scientists, engineers, and artists have made to our society through their work. My Administration recognizes the vital importance of protecting intellectual property. Through the Strategy Targeting Organized Piracy, or STOP!, we are making the most aggressive effort in American history to prevent violations of intellectual property rights. this past March, I was also pleased to sign the Stop Counterfeiting in Manufactured Goods Act. This important piece of legislation will help protect Americans from those who sell illegal products and steal intellectual property. In addition, we are working with our international trading partners to promote strong intellectual property laws around the globe and to encourage countries to be responsible stakeholders in the international economic system. I appreciate the World Intellectual Property Organization, the U.S. Patent and Trademark Office, and all those who support and protect ideas and innovations. Your efforts advance justice and help create a future of greater freedom and prosperity around the world. Laura and I send our best wishes.

There are reports in the trademark community that a "trademark troll" has been spotted. Marty Schwimmer strongly denies being a "trademark troll".

One of the leading authorities on "trademark trolls" is Mr. John L. Welch of TTABlog fame. He has reported, that since the Spielberg movie, WAR OF THE WORLDS came out, that there has been numerous sightings of "trademark trolls."

A major debate within the trademark community is whether a trademark troll performs any useful function.

A spokesman for the American Bar Association has stated that "one characteristic of trademark trolls, is that they have been charged with increasing the average salary of trademark attorneys to such an extent lately, that their personal tax burden has become burdensome and oppressive and this must be stopped."

"Average trademark attorneys should not be forced to make above average incomes and be forced into in a tax bracket that is burdensome and oppressive".

When asked if Mr. Welch ever has had any contact from an authentic "trademark troll"?

Mr. Welch has admitted actually receiving email from a actual "trademark troll".

When asked if Mr. Welch had ever seen a real "trademark troll" ? Mr. Welch replied," yes he had."

"When was the last time you saw a trademark troll?" Mr. Welch replied, "last season in the Dallas Cheer Leaders Locker room." "What was the "trademark troll" doing in the Dallas Cheer leader's Locker room,?" Mr. Welch said, "I believe that he was interested in their trade dress, which I believe he found to be de jure functional."

A spokesman for the newly formed Association to Eliminate "Trademark Trolls" stated that trademark trolls may actually serve a function to the trademark community, but further study needs to be done on trademark trolls to actually determine what value their function may actually be.

ONCE UPON A TIME, there was a well known law firm that wanted a famous trademark. They wanted CENTRAL MFG. CO'S FAMOUS STEALTH MARK without paying one dime in compensation to CENTRAL. They did not want to pay the owner for the use of the mark, why should they? They were experienced lawyers. They have a large offices. They have access to all of the current law. They are familiar with the application process. So why not just file a trademark application with the Patent and Trademark Office (PTO) and attempt to procure the desired mark directly from the PTO.

So one day the Chicago law firm of Handler, Thayer & Duggan filed three trademark Applications SN 78-675,706 for the mark STEALTH PREMARITAL ARRANGEMENT in International Class 36 and 42, STEALTH PRENUP SN. 78-689,692 in classes 36 and 42 for financial planning and legal services and for STEALTH PRENUPTIAL ARRANGEMENT in Int. Class 36 and 42.

LEO STOLLER immediately contacted Thomas J. Handler Esq., and put them on notice that CENTRAL MFG CO., held prior rights to 35 STEALTH trademarks and would oppose any application of Handler, Thayer & Duggan that would publish. STOLLER offered a trademark license to the said law firm. Mr. Handler, laughted and stated that his firm and all of the partners were willing to spend a "half million" dollars to defend any Opposition that Leo Stoller business would bring and that Leo Stoller "would run out of money" defending his STEALTH marks.

However, the PTO Examining attorney Mr. William T. Verhosek issued three Office actions on February 10, 2006 based upon Section 2(d) Refusal-Likelihood of Confusion. "Registration of the proposed mark(s)" STEALTH PRENUP, STEALTH PREMARITAL ARRANGEMENT and STEALTH PRENUPTIAL ARRANGEMENT are "refused because of a likelihood of confusion with the (CENTRAL MFG CO.'S) U.S. Registration No. 2227069". The applicant's mark(s) are legally identical to registrant's mark STEALTH, because they are similar in sound appearance, connotation and overall commercial impression. The marks are compared in their entireties under a section 2(d) analysis...In this case the applicant has merely added the descriptive terms PRENUPTIAL ARRANGEMENT, PREMARITAL ARRANGEMENT AND PRENUP to the registered mark. Descriptive matter is typically less significant or less dominant. Despite these minor changes, this commercial impression is the same.

JUDGE ALITO was named by the Americans for the Enforcement of Judicial Ethics (www.rentamark.com/aeje as 2006 Judge of the year. Judge Samuel Alito was born 1950 in Trenton, NJ. Nominated by George H.W. Bush on February 20, 1990, to a seat vacated by John Joseph Gibbons; confirmed by the Senate on April 27, 1990. On November 10, 2005 George W. Bush nominated Judge Alito for the Supreme Court of the United States to a seat vacated by Sandra Day O'Conner. Judge Alito was confirmed by the Senate on January 31, 2006 and received commission on January 31, 2006.

K2 Inc., a publicly held (KTO) sporting goods consumer products company with a portfolio of brands including SHAKESPEARE, RAWLINGS, BRASS EAGLE, etc., has attempted to add STEALTH to their list, but the Patent and Trademark Office recently issued a Office Action against their Application SN 78-725,807. Section 2(d) Likelihood of confusion Refusal.

"Registration of proposed (STEALTH) mark is refused because of a likelihood of confusion with the mark in U.S. Registration 2,657,452 (Central Mfg Co.'s mark). The applicant sought to register the mark STEALTH for sporting articles, namely, paint ball markers. The registrant's mark (CENTRAL) is STEALTH for toys and sporting goods, namely, boat model airplane kits, toys, toy guns, toy robots and toy soldiers. The marks are identical and the goods are highly related," according to Examining Attorney Mathew C. Kline. The Patent and Trademark Office also rejected K2's specimen of use.

Central Mfg Co., ("Central") a direct competitor of K2 has had numerous run ins with K2, in which K2 was attempting to usurp Central's famous trademarks. Central had written a cease and desist letter to BRASS EAGLE regarding its unauthorized use of CENTRAL'S famous STEALTH trademark in association with paint marker guns. K2, rather than discontinue their unauthorized use of Central's STEALTH trademark, filed Application SN 78/725,807 for the mark STEALTH, in an attempt to acquire the STEALTH mark without having to pay any royalties to the owner.

CENTRAL holds rights to 35 STEALTH federal trademark registrations, 10 of which are in International Class 28. Central licenses a large number of well known sporting goods companies to use its STEALTH mark, Easton Sports, Prince tennis racket company. The EASTON STEALTH bat is the leading BRAND of college baseball bats in the country. CENTRAL is a direct competitor of K2, as well known to K2.

K2 is currently be run by Richard J. Heckmann, Chairman & Chief Executive Officer. According to K2's web site "K2 has been dedicated to celebrating the human passion for sport and adventure since its inception...we will build value by growing and succeeding were others have failed. We will get to the top of our game. Not many people get to breathe that rarified air. But the people of K2 are determined to try."

Central Mfg Co., a marketing and trademark licensing firm based in Chicago, has prevailed in four Oppositions to oppose the Registration of various STEALTH trademark Applications.

Central Mfg Co., hold rights to 35 STEALTH federal trademark registrations and engages in the assertive enforcement of those rights against third parties who attempt to register Central's FAMOUS STEALTH trademark.

CENTRAL recently brought Notice of Opposition No. 91161552 at the Trademark Trial and Appeal Board against application SN: 78-239,858 for the mark STEALTH-A-SCOPE for use on stethoscopes. Filing another Notice of Opposition 91124203 against Stealth Motorsports, LLC for use of the mark STEALTH on racing cars, and Opposition No. 91163722 against Macronix, Inc., for use of the mark STEALTH . Central file a multi class Notice of Opposition No. 91169270 against Ceradyne, Inc., a California company, Application SN 78-504076 for use of the mark STEALTH on ballistic resistant clothing and armor for vehicles.

Although CENTRAL did not have any STEALTH Federal Trademark Registrations on the identical goods of its opponents, CENTRAL received judgments in the four Oppositions, wherein the Board denied Registration of the marks sought to be registered.

"Trademarks are weak when they are merely one of a similar crowd of marks. How does that happen? 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 has brought numerous additional notices of oppositions within the last several months and expects to prevail in each and every case.

Currently Central's litigation docket has over 24 active Oppositions still pending, several petition to cancel proceedings, 5 district court trademark infringement actions and Four Appeals. Central will be filing another dozen or so Notices of Opposition shortly.

LOVELAND PRODUCTS INC., a division of United Agri Products, one of the largest independent distributors of agricutural products, has agreed to produce three witnesses for depositions before the Trademark Trial and Appeal Board (TTAB).
Loveland filed a trademark Application SN 78/544,163 for the mark STEALTH.

Central Mfg Co., holds rights to over 35 STEALTH Federal Trademarks and file an Notice of Opposition No. 91169502. A discovery dispute developed as between the parties when Loveland refused to produce the President of Loveland for a deposition. Elizabeth Dunn Esq., from the TTAB intervened and ordered a telephonic conference to be held on Tuesday, April 25, 2006.

The parties had a telephonic conference on Friday, April 21, 2006 where the representative of the Applicant, Ms. Elizabeth Magnuson, Esq., agreed to produce three witnesses for a deposition, Michael Steffeck, Jason Chesson and Kari Wolfe at a time to be agreed upon as between the parties.

WAL-MART has denied infringing on "Sentra's intellectual property rights". An attorney for Wal-Mart, Robin A. Schaefers stated, "Let me assure you that Wal-Mart and its affiliates, as intellectual property owners, respect the rights of other intellectual property owners. Accordingly, your claim will be thoroughly investigated." This was in response to a letter that Wal-Mart had received from Central Mfg. Co., a nationally known trademark licensing firm.

"Please allow some additional time for me to look into this matter and speak to our supplier. Rest assured your concern is important to Wal-Mart", said Mr. Schaefers Esq.

"Courts have extended the category of contributory infringer to include all those who knowingly play a significant role in accomplishing the unlawfuly purpose." Section 25:19 McCarthy on Trademarks.

CABELA'S, one of the largest sporting goods retailers and mail order company, has been sent cease and desist letters by CENTRAL MFG CO., a company that hold rights to the famous STEALTH trademark, for the unauthorized sale of STEALTH BRANDED GOODS.
CABELAS's has liability in the distributing process. Courts have extended the category of contributory infringer to include "all those who knowingly play a significant role in accomplishing the unlawful purpose. Courts have held that the contributory infringement doctrine is not limited merely to acts of designedly furnishing dealers with a means for consummating fraud, but extends liability to acts which the defendant should have realized would create an opportunity for misuse of a trademark." See McCarthy On Trademarks Section 25:19.

CABELA'S has been put on notice of the allegation of participating in "contributory infringement" of CENTRAL'S famous STEALTH BRAND on numerous occasions and CABELA'S has refused to take the necessary remedial action to contact CENTRAL MFG. to cure the situation.

CENTRAL MFG. CO. filed deposition notices of TARGET'S executives Robert Ulrich, Timothy R. Baer Esq, Terrence J. Scully and Greg W. Steinhafel. In order to avoid a scene reminiscence of the scene of the tobacco executives, TARGET has refused to produce the executives of TARGET to testify under oath on behalf of TARGET in an Opposition proceeding No. 91170274 before the Trademark Trial and Appeal Board of the United States Patent Office.

CENTRAL MFG. CO., a small Delaware Trademark Licensing Firm, filed an Opposition to the Registration of TARGET's bulls-eye mark at the Patent and Trademark Office, claiming superior rights in a confusingly similar bulls-eye mark. Due to TARGET's refusal to produce its executives to testify, CENTRAL is moving to compel Robert Ulrich, Timothy R. Baer Esq., Terrence J. Scully and Greg W. Steinhafel to testify before the Trademark Trial and Appeal Board.

CENTRAL MFG CO. filed today a Petition to Cancel GOOGLE's flagship Federal Trademark Registration No. 2,806,075. Central has alleged numerous grounds for cancellation. Central alleges that the Trademark Trial and Appeal Board cancel GOOGLE's mark because it has become a "generic" name for the goods or services for which it is registered, see 15 U.S.C Section 1064(3). Central also alleges that GOOGLE has also perpetrated a fraud on the public by allowing its representatives to contact publishers of dictionaries in order to induce the publishers to change the "lexicon" of the 'google' meaning so as to avoid the generic label. Central cites to a BBC NEWS article entitled "Google calls in the 'language police'". "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?"

Google's problem is one of the paradoxes of having a runaway successful brand. The bigger it gets, the more it becomes part of "everyday" English language and less a brand in its own right."
Central also alleges that Google has abandoned its mark based on naked licensing. Google, according to the Central complaint, has stated that the Google mark fails to function as a mark and/or is purely ornamental. Central alleges that the "said statement of use" was false.

GOOGLE'S CORPORATE CULTURE

Google is particularly known for its relaxed corporate culture, reminiscent of the Dot-com boom. Google's corporate philosophy is based on many casual principles including, "You can make money without doing evil!"

Sports fans will recall, what the great Glen (Bo) Schembechler (194 wins 48 loses), the University of Michigan football coach, said in his last year (1969-1989) at U of M, when the sports reporter said," Coach Schembechler, you have only three games left to play, how do you feel about it?"
"I wish I had more games."
The reporter said, "who are the three teams?"
Schembechler replied, "Notre Dame, Stanford and Ohio State."
The reporter said, "those are all Big games".
Schembechler replied, "those are the only ones I like to play."

Rentamark is still battling Columbia Pictures over the mark STEALTH. You will recall that SONY, the owners of Columbia Pictures, released a movie last July 29, 2005 titled STEALTH. The trademark controversy involves merchandise that was clearly sold under the STEALTH mark.

CENTRAL FILED AN APPEAL IN THE GEORGE BRETT CASE.

On Good Friday, Central Mfg Co. filed a Notice of Appeal in the George Brett trademark litigation, which involved Brett's use of the mark STEALTH on bats and Central Mfg Co.'s use of the mark on bats. Central had pled 35 STEALTH Federal Trademark Registrations, 10 of which were in International

class 28. Brett pled no Federal Trademark Registrations.

Central Mfg Co. licenses Easton Sports to use its STEALTH mark on a line of baseball products including bats. In the Northern District of Illinois, Judge Coar issued a decision of "first impression" in that case. Judge Coar ruled that there was no likelihood of confusion between Central and Brett's use of the identical mark STEALTH on the identical goods, bats. Then Judge Coar went on to cancel Central's STEALTH mark on baseball bats based upon "likelihood of

confusion. Never in the history of the USPQ has there ever been such a decision rendered where a District court judge issued a finding of no likelihood of confusion and then proceeds to cancel a trademark based upon "likelihood" of confusion that has been sustained on appeal. We are looking forward to hear what the 7th circuit thinks of that opinion!

You remember the press that we received as a result of the Columbia Pictures case regarding the release of the STEALTH movie. It made the national news. Of course, this trademark litigation is still ongoing. But that trademark story will be nothing compared to the trademark story that is now unfolding...

STOLLER CANCELS THE GOOGLE TRADEMARK

STOLLER'S opposition to Google's Application SN: 76-314811 has finally been initiated on April 8th, 2006, Opposition Number 91170256. STOLLER has moved to oppose based upon the legal theory that the GOOGLE mark has become generic. The Google mark is a "verb". Google has become nothing more than a generic term. Thus Google is not entitled to federal trademark registration of the Google trademark.

The company Google has been receiving alot of press lately related to its stock price, and its cooperation with the Chinese government, etc.

 

STOLLER is also moving to consolidate the said opposition with a cancellation proceeding involving Google's flagship trademarks, Registrations 2806075 and 2884502, all of which have become generic and are not entitled to federal trademark registration. STOLLER believes that this will be the biggest trademark story for 2006, because not only have the dictionaries now defined Google as a verb, but Google's attorneys have unlawfully attempted to write to these dictionaries to get them to remove Google's name from the lexicon as a generic term. STOLLER has canceled more trademarks on the Principal Register than any other entity. STOLLER stated that aside from being "shot at and missed", there is nothing more satisfying to STOLLER than to cancel a Federal Trademark mark on the Principal Register that should not be there. STOLLER states that this is an important trademark lesson that demonstrates the principle that GOOGLE's mark became a victim of its own success. And if you don't believe STOLLER, just "google it!"

CENTRAL OPPOSES TARGET'S APPLICATION FOR BULLS-EYE MARK

Central notified Target Stores of a potential Opposition regarding Targets newly filed Application SN: 78-508,108, for a bulls-eye mark. Target shot back and missed the bulls-eye, with a Petition to Cancel Central's bulls-eye mark, based upon likelihood of confusion and abandonment. Central shot back and directed Target to Stealthcues.com which evidences use of STEALTH's bulls-eye mark.. Whereupon, Target withdrew its Petition to cancel, but not before Central filed its answer. Thus, the withdrawal was with prejudice.

The Opposition is going forward and Target's executives have been invited to give their depositions under oath.

Target, by filing its Petition to Cancel, has clearly established by judicial admission that they could be damaged by Central's bulls-eye mark and that there is a likelihood of confusion between the respective marks. Central will be able to establish piority of use. Target's application for sporting goods is a "history lesson". However, Target is barred by the doctrine of res judica from attaching Central's bulls-eye federal trademark registration for a similar bulls-eye mark. Target will never be able to receive a Federal Trademark Registration in International Class 28 for toys and sporting goods products.

WHY IS EVERYONE AFRAID OF LEO STOLLER AND ATTEMPTING TO VILIFY HIM IN THE PRESS?

LEO STOLLER'S STORY


LEO STOLLER was born in Chicago, Illinois. He went to high school in Chicago. Stoller received a football scholarship to North Dakota State University. Stoller graduated from Mayville State University in North Dakota with a BS and received a MA from North Dakota State University in Fargo.

Stoller is a Republican. Leo Stoller started his business in Chicago, Illinois in 1974. He began as an importer of general merchandise. Stoller invented a new tennis racket and holds a US Patent for his invention.
Stoller is the Executive Director of Americans for the Enforcement of Intellectual Property Rights www.rentamark.com/aeipr, Americans for the Enforcement of Attorney Ethics www.rentamark.com/aeae, American for the Enforcement of Judicial Ethics www.rentamark.com/aeje. Stoller is the Director of http://www.rentamark.com/ .

Stoller in the 70's and 80's created a large number of brands for his products and services including the now famous SENTRA, DARK STAR, AIR FRAME, HAVOC AND STEALTH BRANDS etc. His customers included all of the major retailers including Wal-Mart, K-Mart, Sears etc. In the eighties customers started coming to Stoller to obtain trademark licenses because the trademarks that Stoller had developed became famous. Stoller started licensing his famous trademarks on a broad range of products and services. In order to protect these trademarks it required a substantial amount of litigation. Because once a trademark become famous, there is a strong incentive for trademark squatters to attempt to obtain use of a famous mark without having to pay for it. In fact, Stoller would argue that trademark squatting is a very profitable business, because famous trademarks are very expensive to police and to protect. All a trademark squatter has to do is to affix a famous mark to its goods and services and that company can benefit from the "good will" obtained by the original owner and immediately gain access to markets that would not otherwise be available. Secondly, the trademark squatter does not have to pay any royalty rates so it is very profitable to "trademark squat" with a strong likelihood of "getting away" with the trademark squatting before being caught.

NO ONE LIKES THE LANDLORD

Protecting Trademarks is import part of the trademark licensing business. Otherwise no will license a mark if the owner is not willing to protect it. Stoller's guiding principle for trademark protection is derived from the Bible of trademark law McCarthy on Trademarks Section 11:91 ASSERTIVE ENFORCEMENT OF MARKS.

"Trademarks are weak when they are merely one of a similar crow of marks. How does this happen? The only way a trademark owner can prevent the market from becoming crowded with similar marks is to undertake an assertive program of policing adjacent "territory" and suing those who edge too close. Judge Neather observed that:

Strength is primarily a question of degree, an amorphous concept with little shape or substance when divorced from the marks commercial context, including an appraisal of the owner's policing efforts to ensure that whatever distinctiveness or exclusivity has been achieved is not lost through neglect, inattention or consent to infringing use.

It has been observed that an active program of prosecution of infringer, resulting in elimination of others' uses of similar marks, enhances the distinctiveness and strength of a mark, since no one else uses a similar sounder name, plaintiff's name looks an sounds all the more unique. The Fifth Circuit said that the lack of vigilant enforcement of the mark DOMINO for sugar resulted in a narrowing of protection to only the sugar filed...Even when the plaintiff fights hard and loses its trademark suit this does not mean that there was bad faith enforcement. When Procter & Gamble lost a trademark suit, Judge level noted that:

Procter & Gamble cannot be faulted for zealously protecting its trademark interest. Indeed, the trademark law not only encourages but requires one to be vigilant on pain of losing exclusive rights...P&G was entitled to use all the ammunition it had".

As everyone knows in the Trademark community Leo Stoller engages in the Assertive Enforcement of its marks. Stoller does this pursuant to the rules and guide lines out lined in McCarthy on Trademarks.

Stoller has thus far prevailed in over 90% of its police actions against third party infringers. Companies like Wal-Mart, K-Mart and hundreds of other well known American companies have acknowledged Stoller's superior rights to its marks as a result of trademark litigation.

In the nineties, with the advent of the internet, this has allowed anyone with any grievance founded or unfounded a forum to publish their thoughts. This has lead to a fire storm of protest against litigants trademark holders such as Rentamark. Since the internet has allowed for the first time average consumers access to intellectual property. Prior to about 1995, the average consumer had no need to hold rights to trademarks, domain names etc. This was the dominion of corporations.

Now that consumer have attempted to join the intellectual property they are confronted with being subject to violating trademark infringement laws. Which they do all of the time. The press has vilified Leo Stoller merely because he engages in the Assertive Enforcement of its trademark rights.

Trademarks in the 21st Century have become more difficult to acquire and once acquired more difficult to police and protect. The unauthorized use of trademarks is pendemic. The government requires that the Trademark holder protect his own mark. Trademarks are source identifiers. Because well known marks, like STEALTH, WINDOWS and others can be so easily infringed it requires the trademark holder to have a staff devoted to the full time enforcement of the firms trademark rights and/or face the loss of those rights to third party infringers.

In the English language dictionary there a about 250,000 words that are trademarkable. There are over 3,000,000 registered Federal Trademarks on the Principle Register. In the US today there are over 20 million business competing for about 250,000 words all of which have long since been trademarked. For that reason companies are going to trademark licensing firms to license well known trademarks, like rentamark.com in order to avoid trademark controversies.