Tag Archives: Pittsburgh Trademark Law

Trademark Infringement Suit Between Pennsylvania Companies

R.E. Whittaker Co., a Pennsylvania corporation based in New Castle, PA, filed a trademark infringement suit against Misco Products Corporation, a Pennsylvania corporation based in Reading, PA on July 9, 2010 in the United States District Court for the Western District of Pennsylvania.

Whittaker has been in the business of manufacturing and selling commercial carpet cleaning products for over twenty-five years. In 1992 Whittaker introduced a carpet cleaning product under the brand name Crystal Dry®. The Complaint alleges that Misco recently started promoting, advertising, and selling a carpet cleaning product identified by the mark “Crystal Clear.”

The causes of action in the Complaint are: trademark infringement under federal trademark law, false designation of origin and unfair competition, dilution of famous marks, and trademark infringement and unfair competition under Pennsylvania common law.

Michael Jackson’s Patented Move

Patent figure

The United States Patent and Trademark Office is hosting an exhibit displaying material from Michael Jackson’s Patent and Trademark Applications.

The exhibit will include Jackson’s U.S. Patent No. 5,255,452 for a “system for allowing a shoe wearer to lean forwardly beyond his center of gravity by virtue of wearing a specially designed pair of shoes which will engage with a hitch member movably projectable through a stage surface” which he used in his “Smooth Criminal” music video. Jackson is listed as a co-inventor on the Patent. The display also shows an original signature by Jackson on the Application.

Jackson also had various Trademarks Registrations including U.S. Registration No. 1,908,209 for the mark “MICHAEL JACKSON” for use on “sound recordings; namely, pre-recorded phonograph records, audio tapes, compact discs, videotapes, and motion picture films featuring music and entertainment.” In addition to Registrations there are several Trademark Applications which include Serial Nos. 77/480,301 and 77/480,413 for “THRILLER 25 THE WORLD’S BIGGEST SELLING ALBUM OF ALL TIME,” both of which are still pending.

The exhibit opened on July 15, 2009 and will run through Labor Day of this year. It is free and open to the public.

Jackson’s manager, Frank DiLeo, is from Pittsburgh, Pennsylvania (Point Breeze) and went to Central Catholic High School.