Including Scorpinitis THE GATE mark. Specifically, the mark was initially rejected due to a perceived likelihood of confusion between FTVS s mark and two cowan gates law firm prior existing marks, arguing there was no likelihood of confusion with Scorpinitis mark due to differences in the parties services. FTVS responded to the USPTO,
Additionally, on the question of intent to confuse the public (factor 4 the court held that there was no evidence that FTVS intended to confuse or deceive consumers or push Scorpiniti out cowan gates law firm of the market.)
At the time Scorpitini applied to register THE GATE, therefore, cowan gates law firm moreover, soul Search aired on public access television, furthermore, and no evidence was presented to suggest that the public access television station carried commercial programming. He had not made a bona fide use of the mark in the ordinary course of trade.
Scorpiniti pointed to four instances in support of his argument that actual confusion occurred between his mark and Foxs. On the final likelihood of confusion factor, the court held that Scorpiniti had shown no cowan gates law firm evidence of actual confusion between his mark and that belonging to FTVS.
FTVS s television cowan gates law firm show, 2010. The hour long drama starring Frank Grillo and Rhona Mitra was centered upon a former Chicago police officer who moved with avon hand cream mosquito his family into a gated community called The Gates, 2010 through September 19, aired thirteen episodes on ABC from June 20, the Gates,
In August 2009, after approximately two years of creative development, Scorpiniti had completed two episodes of. The Gate, his own religious music television program. Scorpiniti posted the pilot of. The Gate on and the first episode on his personal Facebook page. As of August 2011, the video had 4,197 views. The Gate was.
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Protectable mark; and (2)) that there has been an infringement cowan gates law firm upon the mark, in order to prevail on a trademark infringement claim, a plaintiff must prove (1)) that he has a valid, the production cost per episode was 2,247,467.00. Scorpiniti brought suit for trademark infringement and unfair competition.
In vetting entertainment title names, youre going to cowan gates law firm have trouble staying on your marks. Secondly, in other words, a mark must actually be used in commerce to obtain rights. The lesson here is one any sprinter can tell you if youre never going to get out of the gates,
On the issue of the strength of the plaintiffs mark (factor 1 the court held that Scorpinitis mark was both conceptually and commercially weak. In addition, the court found the two marks were not confusingly similar (factor 2 in part because of the presence of the accompanying source identifier and house mark (the ABC logo).
It may also deter future trademark lawsuits from small-scale online producers whose digital works are titled similarly to subsequent, widely distributed productions. Background On November 25, 2008, Scorpiniti registered the trademark THE GATE with the USPTO for use in relation to television broadcasting. At the time, Scorpinitis THE GATE had only been used in association.
See stats for: Area Stats Firm Name Total Attorneys Female Attorneys Female Associates. Female Partners Female Promotions Grade Abelman Frayne Schwab N/dam Leitman Bailey 24 46 N/A. N/A. N/A. N/A Akerman A- Akin Gump Strauss Hauer Feld A- Allen Overy N/lston Bird A- Amster Rothstein Ebenstein N/nderson Kill 59 25 N/A N/A N/A N/A Andrews Kurth B Archer Greiner N/rent Fox A Arnold Porter A Ashurst N/A B- Axinn, Veltrop Harkrider N/aker Hostetler A Baker McKenzie B Ballard Spahr B- Becker Poliakoff N/ecker Glynn Muffly Chassin Hosinski N/enesch 1
The third was a report showing that views of Scorpinitis. The Gate pilot increased while ABC was advertising The Gates, while the fourth related to misspelled Google search results. The court held that none of these purported instances of actual confusion suggest a likelihood of confusion. The court noted that Scorpinitis evidence revealed only.
On January 23, 2013, the District Court for the Northern District of Iowa, in. Scorpiniti v. Fox Television Studios, Inc., rejected a trademark infringement claim made by Louis Scorpiniti (Scorpiniti) against Fox Television Studios, Inc., (FTVS ) finding that viewers would not be likely to confuse Scorpinitis religion-themed music program The Gate with FTVS s.
No Infringement, Because No Likelihood of Confusion The court then examined the question of whether, even if Scorpiniti had a validly registered mark at the time FTVS s. The Gates aired on ABC, there was a likelihood of confusion between the two parties marks. To do so, it considered the following factors: (1) the strength.
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