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Pattishall Firm Protects Johnny Carson in Life and Death
Tuesday, April 20, 2010
Chicago, IL -- In the famous Sixth Circuit decision in 1983, Robert Newbury, of the law firm Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP in Chicago, successfully represented Johnny Carson against a toilet salesman who was attempting to register "Here's Johnny" as a trademark for portable toilets. See Carson v. Here's Johnny Portable Toilets, Inc., 698 F.2d 831 (6th Cir. 1983).
When the same toilet salesman thought he could register the same trademark following Johnny Carson's death in 2005, Pattishall attorneys Jonathan S. Jennings, Phillip Barengolts and David Beeman joined Robert Newbury in representing the John W. Carson Trust and The John W. Carson Foundation against this effort.
In The John W. Carson Foundation v. Toilets.com, Inc., Opposition No. 91181092 (T.T.A.B. Mar. 25, 2009), the Trademark Trial and Appeal Board of the United States Patent and Trademark Office again denied the toilet salesman a registration for the trademark "Here's Johnny" in association with portable toilets, recognizing that Carson's Foundation could prevent the commercial exploitation of a phrase that identifies Carson even after his death. The case established important precedent concerning post-mortem identity rights, res judicata and intent-to-use standards.
For more information, contact David Beeman at 312-554-7969 or visit http://www.pattishall.com.
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