November 05, 2007

In a trademark dispute described in the DDIP blog back in March, 2007 (link below), it appears that Martha Stewart Living Omnimedia Inc. (“MSLO”) and the Katonah Village Improvement Society (“KVIS”) have agreed to a settlement. In October, 2005, MSLO filed six U.S. trademark applications for KATONAH, covering several classes of goods for interior and exterior paints, indoor lighting, flooring (hardwood, laminate, tile, and stone), furniture and other home accessories, assorted home furnishings, and carpets, rugs, and wallpaper. MSLO later abandoned two of the applications (covering flooring, carpets, rugs, and wallpaper), and according to the Journal News (New York, link below), MSLO will abandon three of the KATONAH trademark applications and will continue to prosecute the KATONAH application for furniture and related items. In a “Stipulated Motion to Amend Application, Withdraw Applications and Withdraw Opposition” filed on November 1, 2007 (link below), the parties agreed that (1) the opposers would withdraw the three oppositions with prejudice and with the consent of MSLO, (2) MSLO would amend the description for the sole remaining application (U.S. Trademark Application Serial No. 78/727061) to cover “[f]urniture, mirrors, pillows and chairpads”, and (3) MSLO would withdraw the three other trademark applications with prejudice and with the written consent of the opposers.” It is noted that the original description of goods for U.S. Trademark Application Serial No. 78/727061 was for “[f]urniture, mirrors, pillows, chairpads, window blinds, window shades, curtain rods, curtain rings, decorative curtain hardware, namely, finials and closet organizer kits comprised of shelves, ties, shoe, and belt racks, hooks and brackets.”

DDIP Article (March, 2007): LINK
The Journal News (New York) Article: LINK
Stipulated Motion: LINK

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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