Law of Cards: Upper Deck Goes Auto-Mat-Ic - UPDATE

Law of Cards: Upper Deck Goes Auto-Mat-Ic – UPDATE

I search the Trademark Office website every once in awhile to see what new products the trading card industry might be launching. Today, I found this:

Goods and Services: IC 016. US 002 005 022 023 029 037 038 050. G & S: autographed framing mats. FIRST USE: 20120702. FIRST USE IN COMMERCE: 20120702
Mark Drawing Code: (0) UNKNOWN
Serial Number: 85761791
Filing Date: October 24, 2012
Current Basis: 1A
Original Filing Basis: 1A
Owner: (APPLICANT) The Upper Deck Company, Inc. CORPORATION CALIFORNIA 2251 Rutherford Road Carlsbad CALIFORNIA 92008
Attorney of Record: Pollie Gautsch, Esq
Description of Mark: The mark consists of The words AUTO MAT IC with bullets between the words.
Type of Mark: TRADEMARK
Live/Dead Indicator: LIVE

Get it? Auto = autographed. Mat = framing mat. Ic = Icky. Not sure UD intended that last one.

With its filing, Upper Deck included a specimen of how the mark was used in commerce.

Legal translation: “Hey Trademark Office…here’s how we think the product is going to look. Cool, huh?”

For those interested in a sneak peak, here’s what the Auto Mat Ic product could look like:

UPDATE: Added image to accompany story.

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 has litigated intellectual property for over 15 years. 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+.

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