Some of the claimed "famous trademarks" in Stoller's Rentamark.com site when it was online.

Leo D. Stoller (born June 5, 1946) is an American self-styled "intellectual property entrepreneur" based in suburban Chicago, Illinois. Stoller controversially claims rights to a large inventory of "famous" trademarks and engages in the assertive enforcement of those alleged trademark rights, threatening infringement action against people and companies who attempt to use similar marks. Image File history File links This is a screenshot of a copyrighted web page. ... Image File history File links This is a screenshot of a copyrighted web page. ... June 5 is the 156th day of the year in the Gregorian calendar (157th in leap years), with 209 days remaining. ... Year 1946 (MCMXLVI) was a common year starting on Tuesday. ... In law, intellectual property (IP) is an umbrella term for various legal entitlements which attach to certain types of information, ideas, or other intangibles in their expressed form. ... An entrepreneur (a loanword from French introduced and first defined by an Irish economist named Richard Cantillon) is a person who undertakes and operates a new enterprise or venture and assumes some accountability for the inherent risks. ... Flag Seal Nickname: The Windy City Motto: Urbs In Horto (Latin: City in a Garden), I Will Location Location in Chicagoland and northern Illinois Coordinates , Government Country State Counties United States Illinois Cook, DuPage Mayor Richard M. Daley (D) Geographical characteristics Area     City 606. ... A trademark, trade mark, â„¢ or ®[1] is a distinctive sign of some kind which is used by an organization to uniquely identify itself and its products and services to consumers, and to distinguish the organization and its products or services from those of other organizations. ... Trademark infringement is a violation of the exclusive rights attaching to a registered trademark without the authorisation of the trademark owner or any licensees (provided that such authorization was within the scope of the license). ... It has been suggested that civil trial be merged into this article or section. ...

Though he has managed to obtain license payments in some circumstances through demand letters, Stoller has lost key challenges in federal court, and has been sanctioned by United States regulators for filing thousands of motions. A federal court labeled Stoller and his companies as "vexatious litigants" in 2005, and his bankruptcy filing from that year was converted to a liquidation in 2006 after the judge found Stoller's filing to have been made in bad faith. This article or section does not cite its references or sources. ... A letter stating a legal claim (usually drafted by a lawyer) which makes a demand for restitution, owing to the recipients alleged breach of contract, or for a legal wrong. ... Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. ... The examples and perspective in this article or section may not represent a worldwide view. ...

Background

Stoller's companies include Rentamark.com, Stealth Industries Inc., S Industries Inc., Sentra Sporting Goods U.S.A., and Central Manufacturing Company. Through these companies or in his own name, Stoller has registered trademarks with the United States Patent and Trademark Office (USPTO) for over 25 years including STEALTH, SENTRA, DARK STAR, AIR FRAME, TRIANA, STRADIVARIUS, HAVOC, CHESTNUT, TRILLIUM, WHITE LINE FEVER, FIRE POWER, LOVE YOUR BODY, and many others. PTO headquarters in Alexandria The United States Patent and Trademark Office (PTO or USPTO) is an agency in the United States Department of Commerce that provides patent and trademark protection to inventors and businesses for their inventions and corporate and product identification. ...

Stoller has filed oppositions to others' trademark applications with the USPTO Trademark Trial and Appeal Board (TTAB) numerous times, and filed applications for extension of the deadline to file such oppositions even more times. Stoller claims a number of large and small companies have resolved trademark controversies. When approaching infringers, Stoller is reported to document his claims with copies of letters which demonstrate capitulation with his demands. Such letters are said to be from companies such as K-Mart, and often marked "Confidential". The Trademark Trial and Appeal Board (or TTAB) is a body within the United States Patent and Trademark Office (USPTO) responsible for hearing and deciding oppositions filed against trademark applications. ... Sears Holdings Corporation (NASDAQ: SHLD) is the fourth largest retailer in the United States, behind Wal-Mart, The Home Depot, and Kroger [1]. It was formed in 2005 with the purchase of Sears, Roebuck and Company of Hoffman Estates, Illinois by Kmart Holdings Corporation of Troy, Michigan. ...

A list of thousands of proceedings involving Leo Stoller and his companies (Stealth Industries, Inc., Leo Stoller Stealth Industries Inc., Leo Stoller Central Mfg. Co, Central Mfg. Co., Central Mfg. Inc., Sentra Industries Inc.) can be found in the USPTO site. ^{[1] [2] [3] [4] [5] [6]}

Articles about Stoller's controversial practices have appeared in The New York Times^[7] and the Chicago Sun-Times.^[8] He has been quoted in the Wall Street Journal ^[9] and interviewed on Fox News, CBS News and talk radio programs. The New York Times is a newspaper published in New York City by Arthur Ochs Sulzberger Jr. ... The Chicago Sun-Times is an American daily newspaper published in Chicago. ... The Wall Street Journal is an influential international daily newspaper published in New York City, New York with an average daily circulation of 1,800,607 (2002). ... Fox News Channels slogan is We Report, You Decide The Fox News Channel is a U.S. cable and satellite news channel. ... CBS News is the news division of American television and radio network CBS. Its current president is Sean McManus who is also head of CBS Sports. ...

Notable litigation

In addition to being fined and sanctioned, Stoller or his entities have been ordered to pay their opponents' attorneys' fees in at least seven reported cases. ^[10]

9/11 charity charges No Admission of Wrong doing

In August 2002 the Illinois Attorney General filed suit against Stoller for illegally soliciting funds on behalf of victims of the September 11, 2001 attacks via his web site giveagiftonline.com. In 2003, Stoller and his proprietorships “Give a Gift Online,” “American Conservation Society,” and “Association Network Management” were named in a Consent Decree with the Illinois Attorney General. Twelve charities Stoller listed said they never received any money from Stoller, despite assurances on the site that "100 percent of all donations" would be forwarded. He was accused of not being a licensed charitable organization and listing charities without their permission. Stoller paid a $2,000 settlement with no admission of wrong doing. name="moynihan">Moynihan, Colin, "He Says He Owns the Word 'Stealth' (Actually, He Claims 'Chutzpah,' Too)", The New York Times, July 4, 2005</ref> The New York Times is a newspaper published in New York City by Arthur Ochs Sulzberger Jr. ... For the United States holiday, the Fourth of July, see Independence Day (United States). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...

S Industries, Inc. v. Centra 2000

In 1996 S Industries, Inc. filed suit alleging that Centra 2000, a producer of data management software, infringed its/Stoller's "Sentra" trademark in violation of the Lanham Act. District Judge George W. Lindberg ruled in favor of Centra 2000, finding that S Industries did not hold a federal registration for the "Sentra" mark for use on computer hardware or software. Because S Industries' claims were, in the judge's view, completely unfounded and because its procedural maneuvering multiplied the cost of defending against the suit, Centra 2000 was awarded attorney's fees in July 1998. ^[11] This was affirmed on appeal. ^[12] Data management comprises all the disciplines related to managing data as a valuable resource. ... Computer software (or simply software) refers to one or more computer programs and data held in the storage of a computer for some purpose. ... The Lanham (Trademark) Act (title 15, chapter 22 of the United States Code) is a piece of legislation that contains the federal statutes of trademark law in the United States. ...

Columbia Pictures v. Stoller

When Columbia Pictures brought out the 2005 movie Stealth^[13], Stoller attempted to force the movie studio to change the name of the movie or pay him royalties, but the studio responded by counterclaiming against Stoller. ^[7] This article or section does not cite its references or sources. ... Stealth is a 2005 action/adventure thriller starring Josh Lucas, Jessica Biel and Jamie Foxx. ... A royalty is a sum paid to the creator of performance art for the use of that art. ...

Central Manufacturing Co. v. Brett

A case decided by summary judgment on September 30, 2005, Central Manufacturing Co. v. Brett^[14], pitted a Stoller-owned company against Hall-of-Fame baseball player George Brett, whose company, Brett Brothers Sports International Inc., sells a bat under the name "Stealth"^[15]. It was alleged in this case that the use of that name infringed upon Stoller's trademark rights. Summary judgment in U.S. legal practice is a judgment awarded by the court prior to trial, based upon the courts finding that: (1) there are no issues of material fact requiring a trial for their resolution, and (2) in applying the law to the undisputed facts, one party... September 30 is the 273rd day of the year (274th in leap years) in the Gregorian calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... The National Baseball Hall of Fame and Museum, located at 25 Main Street in Cooperstown, New York, is a semi-official museum operated by private interests serving as the central point for the study of the history of baseball in the United States and beyond, the display of baseball-related... A view of the playing field at Busch Stadium II St. ... Brett batting George Howard Brett (born May 15, 1953 in Glen Dale, West Virginia) is a former American baseball player for the Kansas City Royals. ... Four historically significant baseball bats showcased in a museum. ...

In its decision, the United States District Court for the Northern District of Illinois determined that there was no likelihood of confusion where consumers would mistakenly regard Brett's bats as being from Stoller's company. The court also found that Stoller failed to provide adequate proof that his company and its licensees had even sold baseball-related merchandise at all. The court found likelihood of confusion in the opposite direction, found Brett's trademark rights to be senior, and hence cancelled Stoller's (Central Manufacturing) registration. In the decision, the court described Stoller's tactics and enumerated dozens of unsuccessful infringement cases he had brought in that court. The United States District Court for the Northern District of Illinois is the Federal district court whose jurisdiction is comprised of the following counties, divided into two divisions: The eastern division: Cook, DuPage, Grundy, Kane, Kendall, La Salle, Lake, and Will counties. ... In trademark law, confusing similarity is a test used during the examination process to determine whether a trademark conflicts with another, earlier mark, and also used in trademark infringement proceedings to determine whether the use of a mark infringes a registered trade mark. ...

Chief Judge Charles P. Kocoras from the Northern District of Illinois then issued a citation to Stoller after reviewing his "filing history" having filed at least "49 lawsuits in this court, individually or through one of his many wholly owned corporations". "The Executive Committee (of the Northern District of Illinois) in its capacity as the supervisor of the assignment of cases, has directed that Leo Stoller inform this court of any claim by him why the Executive Committee should not impose reasonable and necessary restraints upon Mr. Stoller's ability to file civil cases in this District." After a thorough review of Leo Stoller's entire filling history the Executive Committee of the Northern District of Illinois issued a decision stating that "the committee will take no further action in this matter." On April 14, 2006 Central Manufacturing filed a notice of appeal.

Central Mfg. Co. v. Pure Fishing, Inc.

Stoller and the "Central Mfg. Co. (a Delaware corporation)" sued a fishing tackle company, Pure Fishing, Inc. in February 2005 in Illinois for selling Spiderwire® Stealth™ fishing line. ^[16] Pure Fishing denied infringement and counterclaimed alleging that Stoller's trademark business violated various state and federal laws against unfair business practices. Pure Fishing also acquired and asserted in another counterclaim (piercing the corporate veil and continuation of business theories) the unsatisfied 1998 sanction judgment that had been awarded to Centra 2000 against Stoller's S Industries, Inc. Pure Fishing purchased the unsatisfied judgment for $1.00. Pure Fishing also showed that Stoller had signed his attorney's name to pleadings that were filed with the court. ^[17] Stoller's case was dismissed with prejudice and default judgments entered against all corporate defendants for lack of prosecution and against Stoller as a sanction under Rule 11. Stoller appealed. Fishing tackle refers to the equipment and gear used when engaing in the pursuit of fish for sport and commercial value. ... Unfair business practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers and are prohibited by law in many countries. ... The corporate law concept piercing (Lifting) the corporate veil describes a legal decision where an officer, director, or shareholder of a corporation is held liable for the debts of the corporation despite the general principle that those persons are immune from suits in contract or tort that otherwise would only... This article is in need of attention from an expert on the subject. ... In law, the phrase without prejudice means that a claim, lawsuit, or proceeding has been brought to a temporary end but that no legal rights or privileges have been determined, waived, or lost by the result. ...

During Stoller's 2006 bankruptcy proceedings (see below), Pure Fishing went back to the district court with the Ok of Trustee Richard Fogel, for entry of a Final Judgment. On October 4, 2006, a federal court in Chicago entered final judgment in Central Mfg. Co., et al. v. Pure Fishing, Inc., et al. The Court declared the case to be "exceptional" under 15 U.S.C. § 1117(a) and ordered Central Mfg. to pay Pure Fishing’s costs, charges and disbursements, including a reasonable attorneys' fees, incurred in the action. The court further ordered that Stoller and his companies were "Vexatious litigation|vexatious litigants" and barred them "from instituting any lawsuit or trademark opposition without prior leave of this Court pursuant to this Court’s authority under the All Writs Act 28 U.S.C. § 1651(a)." The court also cancelled the marks asserted in the Complaint. Stoller filed a Notice of Appeal from the October 4 judgment and has moved to stay the enforcement of the said judgment pending the appeals. Title 28 is the portion of the United States Code (federal statutory law) that governs the Federal Judicial System. ...

On December 12, 2006, the Court entered a consent judgment in favor of Pure Fishing, Inc. in the total amount of $969,751.81. Which Stoller also has appealed. ^[18]

Bankruptcy filings and Appeals

On March 1, 1985, Stoller filed for Chapter 13, Title 11, United States Code|Chapter 13 relief in the United States bankruptcy court for the Northern District of Illinois, Case No. 85-02729. Convert to Chapter 7. United States Bankruptcy Court for the Northern District of Illinois, Eastern Division Case No. 05 B 64075

On March 23, 1998, Stoller filed for bankruptcy in the Northern District of Illinois, Case No. 98-03288 (later withdrawn). ^[19]

In 2001, Stoller made a bankruptcy filing for his litigation entity, S Industries, Inc., that was filed during the appeal of the S Industries, Inc. v. Centra 2000 decision (N.D. Ill. 1998) that had levied sanctions against S Industries for oppressive litigation. On December 20, 2005, Stoller filed a voluntary petition for relief under Chapter 13, before a final judgment could be entered in the Pure Fishing case. ^[20] His petition listed $183,000 in general unsecured claims. ^[21] This had the effect of an automatic stay on the litigation. Although the case against the corporate entities might have continued, Judge Lindberg stayed the case against those entities as well "in view of the unique relationship" between Stoller and his corporate entities. Pure Fishing filed a claim in the bankruptcy case and asked the court to convert Stoller's case from Chapter 13 (debtor controlled reorganization) to Chapter 7 ^[19] (liquidation), with the immediate appointment of a trustee to manage the financial estate. Following a trial on the motion in August 2006, the case was immediately converted with trustee Richard M. Fogel appointed on September 5, 2006. ^[22] The detailed opinion by Judge Jack B. Schmetterer of the bankruptcy court spells out in great detail how Stoller operated his business. A Notice of Appeal was filed by Stoller, who also moved to stay all proceedings pending resolution of his appeal. Stoller has also moved to disqualify the trustee on the grounds that he is biased and prejudiced against Stoller and not operating within the best interest of the estate. The court denied Stoller's motion, and Stoller's appeal was denied. Chapter 7 of the Bankruptcy Code governs the process of liquidation under the bankruptcy laws of the United States. ...

On October 5, 2006, trustee Richard M. Fogel's authority was extended to include actions as sole share holder of all corporate entities owned or controlled by Stoller ^[23], thus relieving Stoller of his ability to act as a representative of his corporations or proprietorships.

Google and Target trademark claims

In 2006, Stoller filed an opposition to Google's attempt at registering a trademark to the name "Google" in the category of exercise balls. Stoller claims that the "Google" mark has become generic, yet also claims that it infringes on prior alleged rights to the name held by Stoller's company.^[24] The case against the Google mark, however, was dismissed with prejudice at the instigation of Stoller's trustee in bankruptcy, who is empowered to take action in all cases in which Stoller and his companies are involved.^[25] Google, Inc. ... Swiss balls allow a wide range of exercises to be performed. ... A genericized trademark (Commonwealth English genericised trade mark), sometimes known as a generic trade mark, generic descriptor or proprietary eponym, is a trademark or brand name which is often used as the colloquial description for a particular type of product or service as a result of widespread popular or cultural... A trustee in bankruptcy (TIB), in United States bankruptcy law, is a person appointed by the Bankruptcy court to oversee the distribution of the assets of a bankrupt to his creditors. ...

Stoller has also filed an Opposition with the Trademark Trial and Appeal Board in April 2006 to Target Stores bulls-eye logo. Target Stores is a division of Target Corporation. ...

TTAB sanction and appeal

In a July 14, 2006 order by the Trademark Trial and Appeal Board (TTAB), Stoller was sanctioned by the Board for filing more than 1100 requests of an extension of time to file oppositions for time period between November 2005 and March 2006. ^[26] The Board vacated all the time extensions filed during that time period and prohibits Stoller from filing any additional extensions for two years. ^[27]Stoller will be able to file extensions again after two years but only if the extension is filed by an attorney. The appeal to the Court of Appeals for the Federal Circuit was dismissed for lack of jurisdiction. The time for filing any appeal to the district court has lapsed. For information on the type of fish called Lawyer, see the article on Burbot. ...

Notes and references

The New York Times is a newspaper published in New York City by Arthur Ochs Sulzberger Jr. ... For the United States holiday, the Fourth of July, see Independence Day (United States). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... The Chicago Sun-Times is an American daily newspaper published in Chicago. ...

External links

• New York Times article
• Stealth v. Stealth Signal, on Chilling Effects
• Stoller's Blog
• The TTABlog Presents: The Leo Stoller Collection
• Stoller court publications via Roylance, Abrams, Berdo & Goodman