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  #61  
Old September 6th, 2015, 03:37 PM
Ben01
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LOL...the case would not great IMO because use of Defender in conjunction with tires predates LR's use of the mark with vehicles.
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  #62  
Old September 6th, 2015, 03:45 PM
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Not the only ones using the Defender name. Someone call Land Rover quick.
http://www.defendersupply.com/vehicl...efender-tahoe/
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  #63  
Old September 6th, 2015, 03:59 PM
Ben01
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In my opinion, JLR has grounds to object to use of the mark in connection with anything related to vehicles (accessories, special editions of other vehicles, parts). Unrelated goods and services such as video games, security services and cell phone cases would be a stretch.

I can't speculate as to why JLR does not take issue with GM's use of the term Defender with the police/fire edition of their vehicle or vehicles.
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  #64  
Old September 6th, 2015, 04:12 PM
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According to this website, JLR does own the Defender trademark, but it looks like not for motor vehicles or parts, but for the following: "Toys, games and playthings, namely, model cars, scale model vehicles, model toy vehicles, toy vehicles, radio controlled toy vehicles, rideable toy vehicles and accessories therefor, toy model kit cars, all sold complete or in kit form, handheld units for playing computer games, namely, handheld units for playing electronic games for use with external display screen or monitor, handheld game consoles, handheld games with liquid crystal displays, stuffed toy animals, puzzles, playing cards; sporting articles, namely, golf clubs, golf bags, golf bag covers, golf club covers, golf balls, golf divot repair kits comprised of divot repair tools, golf ball dispensers, decorations for Christmas trees, namely, Christmas tree ornaments."

How strange huh? But the status says "Final Refusal" so maybe they don't own it.

It looks like they also filed an application to trademark "Landy."

------ Follow up post added September 6th, 2015 01:17 PM ------

The Google search "defender site:trademarks.justia.com" shows all the companies who also own the Defender trademark for various products. For example, Stemco LP owns the name for hub caps for heavy duty trucks and Bombardier owns the name for RV's.
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  #65  
Old September 6th, 2015, 04:24 PM
Ben01
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Those goods are part of a pending application for registration; not a registration. It came up on a search for a client for something unrelated and I am quite familiar with the application.

It was filed based on a foreign registration which is why the listing of goods is so awkward and overly-broad. Other countries do not have use requirements and attorneys are able to rely on foreign registrations to obtain US registrations for goods clients will never sell. It is a major problem in my opinion.

JLR does have a registration for the mark DEFENDER in conjunction with automobiles.

There were two office actions (rejections) related to the application you borrowed from above. The rejections, in my opinion, are due to the fact that there are too many un-related goods listed in the application. The examining attorney is finding a likelihood of confusion with the mark DEFENDER for video games.
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  #66  
Old September 6th, 2015, 04:26 PM
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Here's the trademark for the Chevy Defender, but the status says "Abandoned."

------ Follow up post added September 6th, 2015 01:27 PM ------

Interesting. Well I don't know anything about trademark law. Interesting conversation though.

------ Follow up post added September 6th, 2015 01:30 PM ------

Okay, here it is. Yup they do. https://trademarks.justia.com/741/99...-74199691.html
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  #67  
Old September 6th, 2015, 04:35 PM
Ben01
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Quote:
Originally Posted by Chip View Post
Here's the trademark for the Chevy Defender, but the status says "Abandoned."

------ Follow up post added September 6th, 2015 01:27 PM ------

Interesting. Well I don't know anything about trademark law, so I'll keep my mouth shut. Interesting conversation though.

------ Follow up post added September 6th, 2015 01:30 PM ------

Okay, here it is. Yup they do. https://trademarks.justia.com/741/99...-74199691.html
Interesting find! Funny, a Chevy dealer in Texas attempted to obtain a trademark for CHEVY DEFENDER! It was rejected for a number of reasons one of which was likelihood of confusion with the DEFENDER mark owned by LR (and another Defender mark in conjunction with buses) and another was for falsely suggest a connection with General Motors!

Here is the dealer:

Holiday Chevrolet is your new and used Chevrolet dealer in Whitesboro, TX

------ Follow up post added September 6th, 2015 04:37 PM ------

As of January/February Reg. No. 1,803,707 was the only active registration for the DEFENDER mark owned by JLR.
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  #68  
Old September 7th, 2015, 07:02 AM
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Quote:
Originally Posted by Chip View Post
It looks like they also filed an application to trademark "Landy."
They better be careful with that one. She has resourceful friends.


In the 70's I had a friend with tires on his '62 diesel 88 that said "Land Rover" in rasied white letters. I can't remember who made them.

In the 80's Thom McCan(?) made a line of low end "Land Rover" shoes.
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