Belstone Capital LLC v. Bellstone Partners, LLC et al

Filing 50

ORDER signed by District Judge Kimberly J. Mueller on 6/27/2017 GRANTING 47 Stipulation and Proposed Order; DIRECTING the Commissioner of the Trademark Office to rectify the trademark register and amend the description of goods and services in Trademark Registration No. 3828103. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Belstone Capital LLC, a Delaware limited
8 liability company,
Plaintiff,
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vs.
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Bellstone Partners, LLC., a California
11 limited liability company; Bellstone
Commercial, Inc., a California corporation,
12 and BellstoneShares, LLC, a California
limited liability company,
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Defendants.
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Case No.: 2:16-CV-01124-KJM-GGH
ORDER DIRECTING THE U.S. PATENT
AND TRADEMARK OFFICE TO AMEND
A TRADEMARK REGISTRATION

This Declaratory Judgment action asks the Court to determine and declare the
rights of the parties to own, use, and federally register certain trademarks. Dkt. 44.
The Parties have concluded there has not been any confusion in any marketplace
in the United States during the Parties’ seven year concurrent use of their respective
trademarks and that likelihood of confusion in the future is improbable given that they
offer unrelated services to different sets of consumers operating within different
marketplaces. Dkt. 47.
The Parties have settled this action and provided the Court with their trademark
Consent To Use Agreement. Id. As marketplace participants, the Parties are best
positioned to know whether their respective consumers will likely be confused in light of
the concurrent use of their respective trademarks and the limitations that should be
placed on any registration for any such mark. Application of EI DuPont DeNemours &
Co., 476 F. 2d 1357, 1362-63 (CCPA, 1973); In re Four Seasons Hotels Ltd., 987 F. 2d
1565 (Fed.Cir.1993).
ORDER Amending Trademark Registration

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The Parties have filed a Stipulation and Joint Request for an Order Directing the

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U.S. Patent and Trademark Office to amend Defendant Bellstone Partners, LLC’s

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Trademark Registration No. 3828103. Dkt. 47.

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In any action involving a registered trademark the Court has the authority to rectify
the register with respect to the registrations of any party to the action. 15 U.S.C. §1119.

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The Parties’ Stipulation and Joint Request is, therefore, GRANTED.

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THEREFORE, the Commissioner of the Trademark Office is hereby directed to

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rectify the trademark register by amending the description of goods and services in

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Trademark Registration No. 3828103 to read: “Lending consultant services in the field of

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real estate data analysis, real estate markets and projects, real estate finance, real

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estate investments, real estate agency services, and mortgage banking.”

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The Clerk of the Court is hereby directed to notify the Director of the United States

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Patent and Trademark Office of this Judgment, which concerns U.S. Trademark

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Registration No. 3828103 held by Bellstone Partners, LLC.

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IT IS SO ORDERED.
Dated: June 27, 2017.

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UNITED STATES DISTRICT JUDGE

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ORDER Amending Trademark Registration

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