Lutzker & Lutzker was recently retained and filed suit on behalf of Great Seats, Inc. (“Plaintiff”) in federal district court in Maryland against Great Seats, Ltd. (“Defendant”). The suit appeals the decision of the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office (“TTAB”) issued earlier this year, dismissing Plaintiff’s opposition to Defendant’s application to register the GREAT SEATS mark. Lutzker & Lutzker deliberately chose to file in federal district court (rather than appeal to the Federal Circuit Court of Appeals), because the district court venue affords the opportunity to present evidence that was excluded from the TTAB record. In addition, the Complaint alleges that Defendant has, without authorization, used Plaintiff’s GREAT SEATS mark, causing confusion in the marketplace and falsely indicating that its business, goods are services are associated with or endorsed by Plaintiff. Plaintiff traces its use of the mark as early as the 1980s, whereas Defendant claims a first use in 1992. The mark has become widely known as the source of authentic and reliable ticket sales for a wide variety of concerts, performances and sporting events throughout the United States.
Ben Sternberg attended the ABA Forum on Entertainment & Sports Industries. He shares his thoughts on the blog.
On behalf of long-time client, Slomin’s, Inc., a century-old, family-run business that provides residential and commercial security products and services, Lutzker & Lutzker has filed suit in state court in New York against Dr. Alarm, Inc. The suit alleges that Dr. Alarm, which is a direct competitor of Slomin’s, created a marketing campaign that features a superhero character (DR. ALARM), which is confusingly similar to Slomin’s famous ALARMO superhero character. ALARMO, a federally registered trademark, has promoted Slomin’s security services and products for more than 15 years. The complaint asserts that Dr. Alarm is attempting to exploit the goodwill and fame of ALARMO in violation of federal and state trademark law and state unfair competition and general business law. Among other things, Slomin’s claims that the infringing Dr. Alarm mark dilutes the goodwill that it has built up in its ALARMO trademark through years of advertising, promotion and sales.
Arnie and Susan Lutzker attended the INBLF Summit in Barcelona, Spain. See the blog for Susan’s update.
Arnold and Susan Lutzker have organized the Cultural Treasures Foundation, a nonprofit District of Columbia corporation, to promote international understanding through art and culture. The Foundation’s chairman is Ambassador Richard C. Barkley, who was the last American ambassador to East Germany during the fall of the Berlin Wall and the reunification of Germany (1988-1990) as well as American ambassador to Turkey (1991 to 1994). The Foundation’s first major project will be focused on Dresden, Germany and will be loosely tied to the 25th anniversary of the fall of the Berlin Wall and the reunification of Germany. The current vision is for a two-part project designed to educate Americans about the history and culture of the city. The first phase will be a documentary film produced for television, with a possible companion article or publication, focusing on the fascinating but little known history of the building and rebuilding of the city and the pivotal figure of Augustus the Strong, whose vision catalyzed the development of the city’s architectural resources and its collection of treasures. The second phase of the project will be a traveling art exhibition of objects representing a cross-section of treasures from the Dresden State Art Collections (such as Italian cityscapes of glorious 18th century Dresden, world-renowned Meissen porcelains, objects from the Turckische Cammer of the Royal Palace evidencing the Saxon fascination with all things Turkish, and treasures from the Green Vault of the Royal Palace). The Lutzkers met in Dresden with the head of the state museums in June.
Arnie and Susan Lutzker attended the INBLF Summit in Sydney, Australia. See the blog for Arnie’s update.
Lutzker & Lutzker has filed suit in federal district court in Maryland against Toys “R” Us on behalf of D&L Company, creators of the award-winning STOMP ROCKET® toy. The suit alleges that Toys “R” Us has manufactured, distributed, and sold, under its exclusive “Sizzlin Cool” line of outdoor toys, a children’s air rocket toy called the STOMP BLAST ROCKET in violation of federal and state trademark law and state unfair competition and unfair trade practices law. Among other things, D&L claims that the infringing Toys “R” Us product dilutes the goodwill that it has built up in its STOMP ROCKET® trademark through years of advertising, promotion and sales.