Arkansas Lottery Commission wants lawsuit dismissed

Comment #9

Todd — Sat, 11 May 2013 16:24:34 GMT

Did you not read the multiple huge warnings during registration about new members not being able to post links -- WITHOUT EXCEPTION? I'm not sure how the computer system would be able to decypher that your post was informative . But it did see a new member (YOU) trying to post a link. You did not lose your long but informative post . The text editor has an excellent AutoSave feature. All you had to do was click the life ring icon and your previously-attempted post -- including the LINK you tried... [ More ]

Comment #8

ScubaGolfJim — Sat, 11 May 2013 16:11:50 GMT

Wow. Present a long but informative post, comparing the situation to the domain-sitting debacle in the early Internet years, and give one example of an involved domain and not only get derided for trying to redirect traffic but lose the entire post as well. A little overboard there LP? BTW... I don't think that Coca-Cola (the domain-sitting example) needs any additional traffic from LP visitors.

In short, now, Fed Trademarks must be used in a business action within one year of the registratio... [ More ]

Comment #7

jimmy4164 — Fri, 10 May 2013 16:23:54 GMT

They had a problem like this in Texas a few years back. I forget how it was resolved. Check it out.

Comment #6

Ronnie316 — Fri, 10 May 2013 15:46:59 GMT

Comment #5

duckman — Fri, 10 May 2013 14:52:52 GMT

You can register a new mark federally once used in commerce locally. One of the key advantages in registering a mark federally even though you are using it in business locally is nationwide priority for the mark. If you don't register it federally, you may be limited in future protection for your mark to only the state or geographical area you are currently active in. Of course there are other advantages of federal registration...

Comment #4

KY Floyd — Fri, 10 May 2013 14:27:22 GMT

Trademarks can only be registered federally if they are used in interstate commerce. I don't know what, if anything, the company has used the trademarks for, but I don't see much of an interstate market for something called Arkansas Lottery . That doesn't mean the company didn't register the terms as trademarks with the state.I'm wondering if the company just trademarked the terms in hopes of collecting a windfall when the state started a lottery. If so, the state should have no trouble having t... [ More ]

Comment #3

duckman — Fri, 10 May 2013 02:06:21 GMT

It doesn't appear that any of the three trademarks mentioned have been federally registered which limits damages and other benefits of registration. I am wondering if Alpha Marketing tried to federally register them but were denied. If not denied, had they registered those three marks they would have a stronger case and would be able to recover (up to) triple damages.

Although it is not necessary to federally register a trademark (rights begin when a mark is first used in commerce), not do... [ More ]

Comment #2

helpmewin — Fri, 10 May 2013 01:59:35 GMT

never know

Comment #1

Ronnie316 — Fri, 10 May 2013 00:01:09 GMT

Arkansas can just man up and change their name.........

If the WWF could do it and come out a winner, so can the state of Arkansas.

Arkansas Lottery Commission wants lawsuit dismissed

Lottery Post — Thu, 09 May 2013 23:53:46 GMT

The Arkansas Lottery Commission says the state Supreme Court should dismiss a lawsuit about the lottery's name.

Assistant Attorney General David Curran on Thursday asked the justices to dismiss Alpha Marketing's lawsuit after a lower court last year refused to do so.

(See Arkansas Supreme Court hears arguments in lottery trademark suit, Lottery Post, Dec. 9, 2011.)

The Lottery Commission has said it should be immune from the lawsuit, but a judge in Pulaski County ruled in 2012 that the... [ More ]