Hasidic groups litigate over “BOBOV” name

As discussed here and here, two Hasidic groups are fighting over the registration and use of the term "BOBOV." 

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.

Concession agreement is not trademark use for purposes of establishing mark ownership

A concession agreement, which was silent as to ownership or use of trademarks, did not create an implied trademark license between a state parks department and a restaurant operator. (California Department of Parks and Recreation v. Bazaar del Mundo Inc., 9th Cir., No. 05-55828, 5/24/06). 

The state unsuccessfully argued that it owned the marks pursuant to 15 USC §1055, which states:  

"Where a registered mark or a mark sought to be registered is or may be used legitimately by related companies, such use shall inure to the benefit of the registrant or applicant for registration, and such use shall not affect the validity of such mark or of its registration, provided such mark is not used in such manner as to deceive the public. If first use of a mark by a person is controlled by the registrant or applicant for registration of the mark with respect to the nature and quality of the goods or services, such first use shall inure to the benefit of the registrant or applicant, as the case may be."

The state was not the registrant, or even an applicant for that matter, and as a result the restaurant owner owned the marks.