Posts Tagged ‘new york city’

Settlement Reached in Tavern on The Green Trademark Dispute

Saturday, 07 May, 2011 14:11 Written by Mark Malek 0 Comments

By: Mark R. Malek

As you may know, after a New York landmark, Tavern on the Green, went into bankruptcy, one of it’s biggest assets, its trademark, became the center of attention.  According to this article, a United States Bankruptcy Court has approved a settlement regarding the dispute over the trademark. The dispute arose between the City of New York and Tavern on the Green Limited Partnership.  I am not too sure what the claim that the City of New York made to the trademark, but I suspect it was to collect past taxes that were not paid and were probably to be discharged in the bankruptcy proceeding.

Under the settlement, the City of New York will own the Tavern on the Green trademark, and will have the right to license the trademark.  Therefore, another company will likely try to reopen the restaurant and pay a license to the City of New York to use the name.  The City of New York will receive 25% of the proceeds from any sale of the name.

The Tavern on the Green is a very famous restaurant in New York.  It was opened in 1934 in Central Park.  It became so famous over the years that it became the premier destination for many of New York’s most prestigious events including Broadway openings and charity events.  This was an interesting case to me because it was the first time (for me at least) that I had ever seen a municipality be interested in a trademark in order to repay a debt.

Inventing the New Year

Thursday, 30 December, 2010 16:37 Written by danieldavidson 1 Comment

By Daniel Davidson

The time to resolve is finally upon us and the party animals are about to be unleashed.  Where we will drink to remember and, for some, drink to forget.  We saw the destruction that oil can have on our eco system and the will power of man after 33 Chilean miners were trapped almost half a mile underground for over two months.  We have said goodbye to Leslie Nielson, our dear Blanche, our favorite little man Gary Coleman, and “book ‘em Danno!” James MacArthur.  We were given some electric new music from some of my personal favorites, the Black Eyed Peas (or BEP as I like to call them), Taylor Swift, and Justin Bieber. ( Who hasn’t had symptoms of Bieber Fever?)  Memories have been had to say the least.  Well I say good riddance, but I’m sure some feel different.  Anyways, to continue our holiday tradition, here are a few interesting patents that have to do with the New Year.

Behind door number one, we have a patent that would just thrill the (insert noun here) off a parent.  It absolutely blows my mind that someone actually thought people would want to litter the air with the most annoying arts and crafts decoration to hit the classroom or a scrappers wish list. Well, here it is.  A battery powered, super speed, rotating device that allows a user to commit party fouls. Patent Here 5,582,532

Next, we have a patent that will win over all you party animals that I mentioned at the beginning.  It will probably be most preferable to the drunken monkeys.  This invention may keep the blue and red flashing lights and the line, that you swear curves to the left, out of your holiday adventures.  It’s for an anti-collision sensor for a car. (Yes, the patent does mention New Year’s somewhere after the 100 pages of drawings) Patent here 5,357,438

And now for what you all have been waiting for, as Times Square has since 1907, a patent application for a New Year’s Ball Drop.  Patent application here 2005/0138851

Enjoy the New Year all from Zies Widerman & Malek as well as the Tactical IP team. Cheers!

The Naked Cowboy Drags The Naked Cowgirl To Court

Thursday, 12 August, 2010 10:26 Written by Mark Malek 2 Comments

Gravatar Iconby Mark Malek

Although this happened a few weeks back, I still get a kick out of this story, and I’ve been hearing more and more about it.  The Naked Cowboy (Robert Burck) has sued The Naked Cowgirl (Sandy Kane) for allegedly infringing on his trademark.  I am not too sure what his trademark is, but I suppose it is a nearly naked person strumming a guitar in the middle of a major metropolitan area and generating revenue by getting television coverage on the likes of The Today Show.  Before you ask, the answer is no.  I don’t get it!  A lot of you ladies out there might get it, but not me.

It sure is cold out here....shrinkage???

The Naked Cowboy earned his fame by walking around New York City in nothing but his cowboy boots, cowboy hat and a pair of draws while strumming his guitar and, in the process, entertaining New Yorkers.  He’s not a bad looking man, and he has a body that is ever so slightly nicer than mine (insert fat joke here) so naturally, he was able to make some money off of his bit.  As the saying goes, if you’ve got it, flaunt it.  I’ll stick to writing these articles.  I’ll leave the naked lawyering to someone else. 

I don't see why they can't co-exist!

I did a quick bit of research and I did not find a registered trademark for “The Naked Cowboy.”  I am truly wondering what the cause of action is here.  Mr. Naked Cowboy is likely asserting common law trademark causes of action, and it attempting to stop someone else from profiting from his unique act.  At this point, it will be up to a court to decide whether or not trademark protection can be afforded for his act.

TUESDAY, FEBRUARY 07, 2012

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