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“Bula” trademarked!

Groggy

Kava aficionado
Admin
Quoted from Kavasseur's blog;

It has come to my attention that the owner of “Bula on the Beach,” Ross Kashtan, has decided to TRADEMARK the Fijian word “Bula.”

This is completely unacceptable and, yes, purely colonial.

I have verified that he has been granted the trademark by the US Government, but here is a post on Facebook from the group ‘Awa Koa ‘Awa Strong concerning the issue:
img_0648.jpg
 

The Kap'n

The Groggy Kaptain (40g)
KavaForums Founder
Time to start trademarking every kava term. I think we should, in order to protect our intellectual property. That way when a kava bar decides to open they’ll have to go through us first. Seem fair? No? /sarcasam

Somebody quick, get in there and trademark the term “cheers” to protect the alcohol community.

Important info: https://www.uspto.gov/about-trademarks
How can I challenge a trademark registration or application?
Several options exist to challenge another party's trademark registration or application, depending on the particular circumstances and grounds for challenging:

  • You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).
  • You may challenge an application for trademark registration at the USPTO by filing an opposition with the TTAB within 30 days after it is published in the Official Gazette.
  • You may file a declaratory judgment lawsuit, asking a court to declare that your mark does not infringe the trademark owner's mark, and/or that the trademark owner's mark is invalid.
  • If you are already a defendant in an infringement lawsuit, you may assert an "affirmative defense" and/or a counterclaim against the plaintiff challenging the validity of the plaintiff's trademark.
Again, an attorney with trademark expertise can help advise you about the various options available to challenge trademark registrations and applications. Please see the "Do I need an attorney?" section for further information.
Also, here's a direct way on how to apply pressure in the opposite direction. Please email or mail your opposition to:

Trademark Trial and Appeal Board
Chief Administrative Trademark Judge: Gerard F. Rogers

The Trademark Trial and Appeal Board hears and decides adversary proceedings involving:

  • oppositions to the registration of trademarks
  • petitions to cancel trademark registrations
  • proceedings involving applications for concurrent use registrations of trademarks.
The Board also decides appeals taken from the trademark examining attorneys' refusals to allow registration of trademarks.

TTAB Contact Information:

TTAB Assistance Center

Hours of Operation: Monday-Friday 8:30 a.m.-5:00 p.m. ET

Phone: 571-272-8500

Email: [email protected] (General Information about TTAB proceedings)
Email: [email protected] (Technical assistance with ESTTA filings)

Official Mailing Address:
Trademark Trial and Appeal Board
U.S. Patent and Trademark Office
P.O. Box 1451
Alexandria, VA 22313-1451

For delivery via FedEx, UPS, etc.:
Trademark Trial and Appeal Board
U.S. Patent and Trademark Office
Madison East, Concourse Level Room C 55
600 Dulany Street
Alexandria, VA 22314
 
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kastom_lif

Kava Lover
This sounds a lot like that restaurant in Chicago that tried to trademark "Aloha Poke." When news of that got to Hawaii, people went mental.
 

Kojo Douglas

The Kavasseur
Yep, it's blowing up. This is looking to be the biggest story of the year. Hopefully some good can come out of it. Clearly, certain Kava bars in Florida have flown completely off the rails.
 

The Kap'n

The Groggy Kaptain (40g)
KavaForums Founder
Yep, it's blowing up. This is looking to be the biggest story of the year. Hopefully some good can come out of it. Clearly, certain Kava bars in Florida have flown completely off the rails.
I really do understand trademarking "Bula On the Beach" or any of the other bar names they own. It makes business sense. However, trademarking the term "Bula" outright is a major stretch. I distinctively remember it being used even online before 2009. I won't comment on Ross personally because I simply don't know him. One action doesn't make a person, but it sure can define them to a wider audience.

I heard that there may even be a crowd sourced challenge of this.
 

Kojo Douglas

The Kavasseur
Yeah, not sure about him on a personal front either. And certainly I wouldn't feel right talking about what have I heard. But trademarking "Bula" doesn't seem to be improving his image.
 

kasa_balavu

Yaqona Dina
Someone commented that Kashtan claimed that Rench was a friend and cool with him trademarking it.

That puzzled me because in order to defend his trademark, Kashtan would be obligated to serve BKH a cease and desist letter (if you can't show that you've been trying to defend your trademark, you're likely to lose it).

So far there hasn't been a peep from Rench about this, so all we can do is speculate, but it seems to me that either:
a.) he too wanted almost-exclusive use of the word and so made a deal with Kashtan to perpetually license the trademark. He and Kashtan benefit equally, but he gets to lay low and let Kashtan take all the heat.
b.) he is lawyering up to take on Kashtan, in which case he may have been advised not to make public statements on the matter.

Given that he seems to be way more in tune with Pacific Island culture than Kashtan, I would be very surprised if he went the former route. The latter makes more sense, and in any case, he deserves the benefit of the doubt.

@mods there are now three threads on this topic. Perhaps they should be merged.
 

PapaMoi

Kava Enthusiast
There goes the proverbial neighborhood.

Oh and btw....Bula!

I need a shell as I stress over the asinine concept of trademarking words and "owning" the word 'bula' that we use to promote good will and peace. Just to make a quick buck. They should be ashamed. I know I am.
 
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