Comments on: Starbucks Loses Trademark Case

By: Can the Realtor Trademark Fall into the Public Domain?

Can the Realtor Trademark Fall into the Public Domain? — Tue, 02 Oct 2007 12:03:01 +0000

[…] Starbucks Loses Trademark Case. […]

By: sellsius°

sellsius° — Tue, 17 Oct 2006 16:08:25 +0000

Excellent point renthusiast. It is important to know that other legal theories, like palming off (US term for same theory), can be used as weapons to defend your mark. These are the various “tort” claims.

By: renthusiast

renthusiast — Tue, 17 Oct 2006 15:36:44 +0000

thanks for your post. obviously different TM standards apply to different countries. i suspect if Starpreya were trading here in the UK, (i’m not sure about US, i’m based in London) they would have gotten done for “passing off”

By: sellsius°

sellsius° — Mon, 16 Oct 2006 20:24:28 +0000

I have registered a number of trademarks & very little is predictable. It depends on the examining attorney assigned to your application.
RSS Pieces is probably ok because you’re not selling candy. But the problem is similarity in font & color. Your company may want to rethink that & try to apply for the trademark. You really dont want to invest alot of money in a mark unless you know you can keep it. You can do it online but best to use a lawyer who has experience.

By: REBlogGirl

REBlogGirl — Sun, 15 Oct 2006 18:45:23 +0000

Wow interesting post. I am always concerned baout that kind of trademark infringement as I do work for a company called RSS Pieces and our logo does resemble the Reeses logo. Too bad this case didn’t involve a US court- then I’d have case law to back us up! Anyway, great post and thanks for the research.