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Yup. Just like the waiting. 
Thankfully there’s been a lot of yard work
Quick update in Panini's fight to try and get a TM registration for CERTIFIED!
As you will recall, I said this was a dumb trademark filing...and the Trademark Office (so far) thinks so too as it's been rejected, and Panini is now on appeal.
Well...
As you will recall, I said this was a dumb trademark filing...and the Trademark Office (so far) thinks so too as it's been rejected, and Panini is now on appeal.
Well...
...in its appeal brief Panini argues that it should get a CERTIFIED reg. because #TheHobby uses "certified" to mean a certification process has been gone through...whereas Panini's CERTIFIED cards "do not undergo a certification process before they are purchased by the consumer."
Talk about an argument only a lawyer would love.
"YOU SEE ALL THOSE OTHER CERTIFIED AND CERTIFIATIONS OUT THERE IN #THEHOBBY? YEAH...THOSE MEAN THE CARDS ARE LIKE LEGIT...OUR CARDS DON'T GO THROUGH THAT. SO WE SAY 'CERTIFIED' BUT WE AIN'T LIKE CERTIFIABLY LEGIT."
"YOU SEE ALL THOSE OTHER CERTIFIED AND CERTIFIATIONS OUT THERE IN #THEHOBBY? YEAH...THOSE MEAN THE CARDS ARE LIKE LEGIT...OUR CARDS DON'T GO THROUGH THAT. SO WE SAY 'CERTIFIED' BUT WE AIN'T LIKE CERTIFIABLY LEGIT."
In #TheHobby trademark news...um...I'm going to need some help here.
Topps filed notice that it MIGHT file an opposition against the below trademark.
Anyone have an idea as to which of Topps' marks it thinks this might be too close to?
Topps filed notice that it MIGHT file an opposition against the below trademark.
Anyone have an idea as to which of Topps' marks it thinks this might be too close to?
If it helps, the mark is owned by Insight 2 Design and basically covers batteries, flashlights, backpacks, furniture, drinkware, hammocks, towels and clothes.
At this time, Topps does not have to identify the mark(s) it is concerned about; it only needs to do that once/if an opposition is filed. And if that happens, it'll be March 25, 2023.
So...good luck figuring this one out!
So...good luck figuring this one out!
In #TheHobby trademark news, three of Topps' trademark applications were abandoned by the Trademark Office. The abandoned marks are TURN BACK THE CLOCK, PRO DEBUT and ROAD TO KICKOFF.
Why did these marks become abandoned? Well, because it appears Topps did not respond to the Trademark Office within the required time period.
So, was this on purpose by Topps? Or a mistake?
I'm leaning on the side of mistake because Topps released TURN BACK THE CLOCK and PRO DEBUT products in 2022...unless it plans on dropping these product lines.
I'm leaning on the side of mistake because Topps released TURN BACK THE CLOCK and PRO DEBUT products in 2022...unless it plans on dropping these product lines.
Silly personal announcement - during the COVID lockdown, I got to spend a lot more time with my family than practicing law normally allows. That time was great for our family, especially with our high-school-aged boys...who for some reason still like my wife and me. So...
...given it's getting close to the time when our boys are going to fly the coop, we've decided that I'm going to take some time away from practicing law to enjoy the family before everything changes.
I'll still be online tweeting on cases, but I'm really looking forward to some time off...and not checking my phone every five minutes for updates on cases.
And what do we have here? OUR FIRST #THEHOBBY LAWSUIT OF 2023?!?!?
We did it! Just four days in (it was filed yesterday) and we're already basking in trading card litigation!
We did it! Just four days in (it was filed yesterday) and we're already basking in trading card litigation!
The lawsuit is captioned Drob Collectibles & Ronaldinho v. Leaf, and at first impression it appears to be the flipside of the Leaf v. Ronaldinho filed in December of last year.
BUT, there's a little bit more here.
So...who wants to do a live read of this bad boy?
BUT, there's a little bit more here.
So...who wants to do a live read of this bad boy?
But before we get into the new Ronaldinho/Leaf lawsuit, if you'd like a refresher on the month-old Leaf/Ronaldinho lawsuit, here ya go:
A fun new #TheHobby case to watch, especially for all y'all that vault your cards.
It's Dave & Adam's v. Warehouse Services and Wheatfield Business Park II, and is about water damage to a large number cases while stored at the defendants' warehouse.
It's Dave & Adam's v. Warehouse Services and Wheatfield Business Park II, and is about water damage to a large number cases while stored at the defendants' warehouse.
The action is simply "Our shit was in your warehouse and because your warehouse's ceiling leaked, it ruined our shit, so one of y'all better pay for it."
(Slightly paraphrasing)
Looks like the total alleged damages are $54,600 due to damage to 42 cases of cards.
(Slightly paraphrasing)
Looks like the total alleged damages are $54,600 due to damage to 42 cases of cards.
And if you want to see what the damage looked like...
In #TheHobby trademark news, Topps filed two oppositions against Surujnarine Femy Singh's two TOPPSHOT trademark applications...applications that cover, basically, athletic wear.
As you can imagine, Topps owns a couple trademark registrations on TOPPS like properties...quite a few for athletic wear as well. And Topps relies on all of them against the TOPPSHOT marks.
Topps also shows that it uses its TOPPS marks on apparel...and I think I need both of these shirts.
