Trademark battle of the RED ZONE at football stadiums

Heinz sent Indiana ketchup-mark Red Gold a cease and desist letter in which Heinz alleged Red Gold’s sponsorship of the "Red Gold Red Zone" at the RCA dome infringes Heinz’s trademark rights in the mark RED ZONE.  Life was so much simpler when the Steelers played at Three Rivers Stadium. 

Policing use of trademarks on the web

For those of you struggling to police your marks on the web, you’re not alone.  Here’s an article that briefly touches on the difficulty. 

Trademark dispute over use of the name “Tim Horton”

Pro bass fisherman Tim Horton ran into resistance from Tim Hortons coffee shop when he tried to obtain a federal trademark registration for his name and logo.  Related story can be found here. 

Interestingly, most courts have come to the conclusion that there is no absolute right to use one’s own personal name as a mark when someone else has adopted the name first and achieved consumer recognition.  If a junior user’s use of a mark, even if it is his or her own name, is likely to cause consumer confusion, its use should be enjoined or at least limited to so as to eliminate a likelihood of confusion.

Nicky Hilton sues for infringement of mark “NICKY O”

According to this Washington Times story, Hilton Hotel heiress Nicky Hilton sued Eneliko Smith for infringing her rights to the mark "NICKY O."  Hilton apparently had discussed an idea with Smith for the development of a series of boutique hotels. 

On July 22, 2005, Smith filed an intent-to-use trademark application for NICKY O used in connection with resort lodging services.  The mark was published for opposition on March 22, 2006, and a Notice of Allowance issued on July 4, 2006.  Hilton filed her own application for NICKY O for use with hotel, bar, and restaurant services on June 30, 2006.