Saturday, April 14, 2007

Inno Meets Oppostion

The Pioneer Inno trademark registration has been opposed by iKno, Inc. iKno, Inno... I dunno. iKno says it is pronounced the same way as Inno. We weren't sure anyone knew the correct way to pronounce Inno. We pronounce Inno like the beginning of "Innovation". iKno seems to suggest that they pronounce it like "I know". One would think Apple would have issues with iKno.

iKno is opposing the trademark on the following grounds:

1. The company's name is iKno and its products are braned iKno.

2. iKno pronounces it the same as Inno.

3. iKno distributes radios and radio based products.

4. iKno has a patent for a product branded iKno

5. The goods and marks are so similar and the consumer will be confused.

In Pioneer's answer to the Notice of Opposition, Pioneer denies:

1. Knowledge or sufficient information as of the truth of point 1.

2. Knowledge of how iKno pronounces its mark.

3. Knowledge of products produced by iKno.

4. Knowledge of the patent and says it is irrelevant.

5. Allegations of point 5.

It would seem that ignorance would not be considered a valid response.

Discovery and testimony periods are set as follows:

Discovery period to open: 3/27/07

Discovery period to close: 9/23/07

30-day testimony period for party in position of plaintiff to close: 12/22/07

30-day testimony period for party in position of defendant to close: 2/20/08

15-day rebuttal testimony period for plaintiff to close: 4/5/08

The only registrations that we have uncovered are registered to Motorola:

Mark Image
Word Mark IKNO! CHOOSE TO KNOW
Goods and Services IC 042. US 100 101. G & S: providing news, sports, entertainment and general knowledge featuring a wide variety of topics of general interest to the consuming public. FIRST USE: 19990331. FIRST USE IN COMMERCE: 19990331
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 02.01.01 - Busts of men facing forward; Heads of men facing forward; Men - heads, portraiture, or busts facing forward; Portraiture of men facing forward
02.01.33 - Grotesque men formed by letters, numbers, punctuation or geometric shapes; Stick figures
26.05.14 - Three triangles; Triangles, exactly three triangles
26.05.21 - Triangles that are completely or partially shaded
Serial Number 75429012
Filing Date February 5, 1998
Current Filing Basis 1A
Original Filing Basis 1B
Published for Opposition December 8, 1998
Registration Number 2406693
Registration Date November 21, 2000
Owner (REGISTRANT) Motorola, Inc. CORPORATION DELAWARE 1303 East Algonquin Road Schaumburg ILLINOIS 60196
Attorney of Record MELODY L SCHOTTLE
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Word Mark IKNO!
Goods and Services IC 042. US 100 101. G & S: providing news, sports, entertainment and general knowledge featuring a wide variety of topics of general interest to the consuming public. FIRST USE: 19990331. FIRST USE IN COMMERCE: 19990331
Mark Drawing Code (1) TYPED DRAWING
Design Search Code
Serial Number 75420450
Filing Date January 20, 1998
Current Filing Basis 1A
Original Filing Basis 1B
Published for Opposition December 8, 1998
Registration Number 2406679
Registration Date November 21, 2000
Owner (REGISTRANT) Motorola, Inc. CORPORATION DELAWARE 1303 East Algonquin Road Schaumburg ILLINOIS 60196
Attorney of Record MELODY L SCHOTTLE
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

If we go to the Motorola site, we are directed to this site for iKno. Notice the resemblance to the Inno?













The contact information matches that of the opposition, so this must be the correct website.

On second thought, perhaps ignorance is a good excuse on this one.

Here's the bio on the guy opposing the registration:

1. www.ikno.com
www.ikno.com/aboutus.asp - [Cached]
Published on: 5/7/2004 Last Visited: 5/7/2004

Allen Hertz CEO/CTO Mr. Hertz co-founded iKno in May, 2003. Mr. Hertz is a Principle, Board Member, and Executive Vice President of Galahad, Co., an Innovations Incubating company founded in 1997. Galahad, Co. is supported by 4 licensing agreements and an OEM product. Mr. Hertz holds 19 issued US patents and has over 30 additional patents applied for. Mr. Hertz has a total of 14 years of extensive experience in telecom product design and deployment; holding Staff positions in New Product Development and Manufacturing at Motorola and Racal-Datacom; Technical Support positions at ECI Telecom; and Management positions in Operations at CopperCom. Mr. Hertz is a Registered United States Patent Agent and holds a Bachelor of Science degree in Ocean Engineering from Florida Atlantic University.

A patent search turns up the following patents:

1 7,184,857 Full-Text Automated news rack inventory and alert management system
2 7,073,252 Full-Text Method for maintaining operability of a flexible, self conforming, workpiece support system
3 7,072,892 Full-Text Business model for recovery of missing goods, persons, of fugitives or disbursements of unclaimed goods using the internet
4 D508,532 Full-Text Business card holder
5 6,807,691 Full-Text Plumbing valve cover for avoiding interference with faucet hose
6 6,726,195 Full-Text Method for ensuring planarity when using a flexible, self conforming, workpiece support system
7 6,695,298 Full-Text Flexible, self conforming, workpiece support system and accessories
8 6,662,812 Full-Text Method for acoustic and vibrational energy for assisted drying of solder stencils and electronic modules
9 6,641,865 Full-Text Method for selectively applying solder mask
10 6,569,248 Full-Text Apparatus for selectively applying solder mask
11 6,471,111 Full-Text Method and apparatus for acoustic pressure assisted wave soldering
12 6,449,611 Full-Text Business model for recovery of missing goods, persons, or fugitive or disbursements of unclaimed goods using the internet
13 6,412,685 Full-Text Method and apparatus for release and optional inspection for conductive preforms placement apparatus
14 6,293,856 Full-Text Disposable, multi-conduit particulate matter propelling apparatus
15 6,264,187 Full-Text Method and apparatus for self-conforming support system
16 6,138,562 Full-Text Vibrational energy waves for assist in the print release process for screen printing
17 6,029,966 Full-Text Flexible, self conforming, workpiece support system
18 5,552,562 Full-Text Inertial acoustic pickup
19 5,418,688 Full-Text Cardlike electronic device
20 5,381,307 Full-Text Self-aligning electrical contact array
21 5,369,399 Full-Text Tolerance accumulating circuit supporting mechanical shock isolator
22 5,356,658 Full-Text Flexible high speed liquid dispenser
23 5,320,561 Full-Text Connector for providing programming, testing, and power signals
24 5,317,308 Full-Text Circuit supporting mechanical shock isolator for radio receiver
25 5,311,405 Full-Text Method and apparatus for aligning and attaching a surface mount component
26 5,177,324 Full-Text In situ RF shield for printed circuit board
27 5,159,171 Full-Text Method and apparatus for solder laser printing

In addition, he has several patent applications:

1 20050154602 Parcel pick up notification apparatus and method
2 20040124230 Application of acoustic and vibrational energy for fabricating bumped IC die and assembly of PCA's
3 20030099768 Method for selectively applying solder mask
4 20030014888 Object, vehicle, structure, or logo styled business card holder
5 20020156780 Business model for recovery of missing goods, persons, of fugitives or disbursements of unclaimed goods using the internet
6 20010008249 METHOD AND APPARATUS FOR RELEASE AND OPTIONAL INSPECTION FOR CONDUCTIVE PREFORMS PLACEMENT APPARATUS



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