Wednesday, June 09, 2004

Something's Fishy... According to this press release, Lite Breeze Inc., a San Diego company, has sued Britney Spears for trademark infringement. According to Lite Breeze, Spears' recent CD, "In the Zone," infringes Lite Breeze's trademark rights in its mark IN THE ZONE. Lite Breeze, "a San Diego based corporation specializing in athletic clothing and sporting team uniforms," claims that it uses the mark IN THE ZONE in connection with the promotion of "musical and live sporting event entertainment." However, a look at the PTO records shows that, while Lite Breeze owns a registration for the mark IN THE ZONE for use with "sportswear, namely shorts, T-shirts, tanktops, sweatshirts and sweatpants," the trademark application filed by Lite Breeze on January 15, 2004 for IN THE ZONE for "Phonograph records featuring music; pre-recorded audio cassettes and compact disc featuring music; pre-corded video tapes featuring music performances; magnetically encoded phone cards" and "Entertainment services in the nature of live performances by a musical artist," was based on intent-to-use. Spears' album was released on November 18, 2003. In addition, several companies have registrations for IN THE ZONE for goods and services much more closely related to those claimed by Lite Breeze than Spears' album. For example, Rehage Entertainment, Inc. owns a registration for IN THE ZONE for "sports festival services, namely, conducting a flag football festival." Lifetime Products, Inc. owns a registration for IN THE ZONE for "portable basketball standard with a weight-bearing base ballast." Not to mention the fact that Fox Sports has used the mark IN THE ZONE since 1996 for, among other things, "entertainment services in the nature of production and distribution of television programs." Looks like a frivolous suit to me.

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