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27 Dec, 2007 11:44 am
... LP v. Super Duck Tours, LLC, 2007 WL 4465464 (D. Mass. Dec. 5, 2007) In the latest
advertiser-vs.-advertiser lawsuit over keyword ... area." SDT bought keyword advertising triggered by the phrase "boston duck tours," and BDT sought recourse for the alleged violation of the injunction. The court acknowledges the caselaw
split ... lawsuits. In this case, BDT only succeeded in forcing SDT to adopt the trademark "Super Duck Excursions." I'm having a tough time
seeing how that name change will increase BDT ...
13 Jul, 2007 9:20 am
... 07-11222-NMG (D. Mass. July 13, 2007). Plaintiff Boston Duck Tours identified "at least 30 instances of actual confusion involving customers who believed ... does not clearly refer to a broad, general category of
services. Rather, the word 'duck' is a play on the World War II amphibious vehicles, DUKWs, which were the distinctive ... suggestive, or
arbitrary, concluding that in any event the term "has acquired secondary meaning in the Boston area during the past 13 years." Text Copyright
John L. Welch ...
26 Jun, 2008 8:07 pm
By Eric Goldman Boston Duck Tours LP v. Super
Duck Tours LLC, 2008 WL 2444480 (1st Cir. June 18, 2008) I previously blogged on this ... ). In my
previous post, I wrote "I wonder if the term "Duck Tours" has become a generic description of
tours in an unattractive amphibious vehicle." Apparently my speculation wasn't merely idle, because the First Circuit has now concluded that
"duck tours" in this context is, in fact, generic. Accordingly, the plaintiff can only protect the
geographic appellation " ...
15 Jul, 2007 12:59 am
... "duck tours" is generic for amphibious tours. I've read
the ruling, and agree with the outcome. John Welch of TTABlog fame, prosecuted the various BOSTON DUCK TOURS registrations, available for review here, here, here, and here. SUPER DUCK TOURS registration on the Supplemental Register available here. Although registrations are very important for a
variety of reasons, it should be noted that it is evidence of actual ...
20 May 1:45 pm
... Quackers") in the U.S. District Court for the Central District of California. See Ride the Ducks International, LLC v. Bay Quackers, LLC, Case No. 09-cv ... Sound Mark"). The
mark was registered in September 2001, and in August 2007, Ride The Ducks filed a Section 15 Declaration of Incontestability making its registration "incontestable." Subject to
certain ... video. [May 21, 2009 Update: John Welch pointed out that Boston Duck Tours does have its own registered sound mark for "the sound of a human voice ...
24 Jun, 2008 9:09 pm
... appealed. The First Circuit vacated the injunction. The district court's erroneous holding regarding the generic nature of "duck
tour" caused the district court to give too much weight to those terms in the composite marks in its ... of confusion and a likelihood of success on the merits for both the word
marks and design marks at issue. Therefore, the court vacated the district court's preliminary injunction. More concerning Boston
Duck Tours, LP v. Super Duck Tours, LLC after the jump. [More]
2 Jul, 2008 10:02 pm
... whether two trademarks are confusing, or whether a trademark is generic: What do you call a sightseeing tour that uses an amphibious vehicle to transport tourists on land and
water? What other names, if any, do you use to refer to this type of sightseeing tour? Did you answer "duck tour" to the first
question and "don't know" to the second? If ... right to the heart of the First Circuit Court of Appeals' decision in Boston Duck Tours v. Super Duck Tours.
And, you did very quickly what it took two ...
19 Jun, 2008 3:47 am
... Cir. June 18, 2008). Blawgletter concedes that the result seems obvious. Except that the duck tours didn't involve walking around and gawking at waterfowl. No. ... First Circuit reversed, holding that the phrase's "generic" character made the
"Boston Duck Tours" mark merely "descriptive" of the
company's services and thus entitled ... infringed -- including the mark's weakness, actual consumer confusion, and Super Duck's intent -- the
court held the district court clearly erred in finding the "likelihood ...
18 Jun, 2008 8:19 pm
... there is some interesting stuff here. The amphibious vehicles were WWII army vehicles called DUKWs (which is pronounced "Ducks.") Apparently the greatest generation used them
to invade France or something. Today people from the flyover use them to gawk at ... judge sitting by designation concurs, probably understanding how much of a clerkish egotrip this
opinion is, to says that most of the issues don't matter in the first place, because the parties agree that Boston Duck Tours is a protected mark.
19 Jun, 2008 1:17 am
First Circuit can't duck this trademark infringement dispute: Boston Business Journal has a news
update headlined "Super Duck Excursions gains in fight against Boston Duck Tours" that begins, "Super Duck Excursions can return to using
'duck tours' in its marketing material and its logo of a cartoon duck, after a preliminary injunction was overturned Wednesday." You can access today's lengthy ruling of the U.S. Court of Appeals for the First Circuit at
this link.
4 Jul, 2008 10:23 am
Super Duck Tours can use that name, the First Circuit recently ruled, despite the existence of
Boston Duck Tours, because "duck tours" is generic. Check out the Super Duck Tours site and consider whether the defendants might have other IP problems. (It might help to have the sound on.)
24 Jun, 2008 10:34 pm
... generic in connection with the services being offered. In reaching this decision, the lower court relied exclusively on a dictionary definition of "duck," and did not take into account other references. The Court of Appeals noted that a dictionary ... is generally entitled to little protection because it
is geographically descriptive. (Because of the long running use of the Boston Duck Tours mark, the court noted that the mark as a whole acquired secondary meaning and is reasonably strong overall ...
25 Jun, 2008 5:01 am
... . After a competitor moved into town in 2007 calling itself Super Duck Tours, Boston Duck Tours filed suit for trademark infringement. The district
court enjoined Super Duck from using its mark and logo. Super Duck sought review with the First
Circuit Court of Appeals. On appeal, the court ... ontrary to local belief, the unique idea of a [d]uck [t]our did not originate in Boston."
The case should serve as a warning to brand owners to ensure (apart from not selecting a generic term ...
27 Jun, 2008 10:04 am
... -IP), 15-16 September: US ACI 10th advanced forum on biotech patents - Boston: (Generic Pharmaceuticals & IP), (Patent Docs), 16-19
September: 22nd MARQUES annual ... Noordwijk: (IPKat), 22-23 September: US: ACI FDA boot camp conference - Boston: (Patent Docs), 22-23
September: ACI USPTO boot camp: patent edition conference ... Fields file suit accusing Biomet of trade secret breach: (IP Law360), Boston
Duck Tours - Federal Circuit rules 'Duck Tours' is generic in trade mark dispute between Boston ...
20 Jun, 2008 8:07 am
... -IP), 15-16 September: US ACI 10th advanced forum on biotech patents - Boston: (Generic Pharmaceuticals & IP), (Patent Docs), 16-19
September: 22nd MARQUES annual ... Noordwijk: (IPKat), 22-23 September: US: ACI FDA boot camp conference - Boston: (Patent Docs), 22-23
September: ACI USPTO boot camp: patent edition conference ... based on agreement by parties: Baychar v Salomon North America: (Patently-O), Boston Duck Tours - CAFC decides sightseeing vehicles that travel on land
and water can legally be ...
28 Sep, 2007 4:26 am
... for the Prevention of Trademark Abuse, or SPTA, seemingly closing a troublesome chapter in Board history. Boston's South End Section 2(a) -
Immoral or Scandalous: Marc Randazza on the TTAB's "YOU CUM ... Embarrassment" Ron Coleman on "The Defenestration of Bayport" July INTA Roundtable Focuses on Advanced TTAB Practice
& Procedure Boston Duck Tours Wins Injunction Against
Competitor's Use of "DUCK TOURS" Patently-O Launches Patent Law Jobs Website AIPLA Finds TTAB Fraud
Standard Too Harsh TTAB ...
17 Jul, 2007 7:38 pm
... from using the name "Gmail" in Germany. This is why it's important to get your trademark ducks in a row before launching a new product or service. Technology Stuff Making
CAPTCHAs Productive ... -digit lead in the American League East. Nope, not a bad half at all for your Boston Red Sox. So with a hat tip to
Terry Francona for handling his ball club ... 06-26) Fin-Duck: Sauna Cruising Boat Fin-Duck is a
boat, a sauna, a duck, and a summer cottage powered by an outboard motor. Beats a Duck Tour, I
think.
2 Apr 3:36 pm
... by other district courts to the purchase of trademarked keywords to trigger sponsored links. See Boston Duck Tours, LP v. Super Duck Tours, LLC, 527 F. Supp. 2d 205, 207 (D. Mass. 2007) (finding keyword-purchasing a "use" for trademark purposes); J.G. Wentworth, S.S. ... § 1127 (definitions
section), with 15 U.S.C. § 1114 (civil remedies provision); see also Boston Duck Tours, 527 F. Supp. 2d at 207 (finding that "sponsored linking necessarily entails the 'use' of the ...
12 Sep, 2008 2:33 pm
... Docs), (Patent Prospector), (IPBiz), (Techdirt), Appellate decision-making: Unanimity or dissent stats: (Patently-O), Boston: US IP
industry group pushes 'green' patents: (Intellectual Property Watch), Post-eBay compulsory ... Trademark Lawyer) US Trade Marks - Decisions Limits of 'actual confusion' clarified:
Boston Duck Tours v Super Duck Tours: (Law360), CAFC finds National Football League's unauthorised use of voice of sports broadcasting legend
violates publicity rights but Lanham Act claims ...
16 Nov, 2006 6:10 pm
... is a good starting point for one who contemplates protection of a sound mark. TTABlog comment: My favorite sound mark is one that I registered for Boston Duck Tours for its sightseeing tour services: "The mark
comprises the sound of a human voice making quacking noises like a duck." The mark was deemed, after some brilliant argument, to be inherently
distinctive. (U.S. Reg. No. 2,308,503). How about this for a sound ...
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