Law of Cards: Leaf Escalates Limited Trademark Battle with New Trademark Filing

Law of Cards: Leaf Escalates Limited Trademark Battle with New Trademark Filing

The Leaf and Panini battle over a LIMITED trademark has expanded.

On March 1, Leaf filed its own trademark application for LEAF LIMITED to compete with Panini's LIMITED trademark application. The information on Leaf's filing is provided below:

Word Mark LEAF LIMITED
Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: trading cards. FIRST USE: 20120430. FIRST USE IN COMMERCE: 20120430
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85864443
Filing Date March 1, 2013
Current Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Leaf Trading Cards, LLC LIMITED LIABILITY COMPANY TEXAS Suite 204 3330 Earnhart Drive Carrollton TEXAS 75006
Attorney of Record John A. Thomas
Prior Registrations 2914104;3293662
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "LIMITED" APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

This trademark filing is a shot by Leaf, basically saying, "Hey Panini, if you filed for PANINI LIMITED and only PANINI LIMITED, we would not have an issue. But instead, you're trying to get the word LIMITED for all trading cards. And that's too much."

Notably, the "first use date" provided in this application is April 30, 2012. In other words, Leaf is not relying on prior Leaf Limited products for priority.

In all likelihood, this application will have little effect on Panini and Leaf's other trademark battles. In fact, this filing will likely be stayed pending the result of Leaf's challenge of Panini's LIMITED. Whatever happens there will dictate the ultimate fate for a LEAF LIMITED trademark registration.

Regardless, it is another interesting filing in the recent land grab that trading card manufacturers' find themselves in over trademarks.

The information provided in Paul Lesko's "Law of Cards" column is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered in the sports industry. This information is not intended to create any legal relationship between Paul Lesko, the Simmons Browder Gianaris Angelides & Barnerd LLC or any attorney and the user. Neither the transmission nor receipt of these website materials will create an attorney-client relationship between the author and the readers.

The views expressed in the "Law of Cards" column are solely those of the author and are not affiliated with the Simmons Law Firm. You should not act or rely on any information in the "Law of Cards" column without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisements.

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Paul Lesko is a shareholder at Simmons Hanly Conroy and the chair of its Intellectual Property Department (http://www.simmonsfirm.com). Don’t hold the fact that Paul is a lawyer against him, he’s also a rabid baseball and college basketball fan, and an avid baseball card collector. Paul can be found on Twitter @Paul_Lesko and Google+.

User Comments

  1. And we’re the losers here as they have to pay for all the legal crap somehow..and that’s with the price of cards

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