#Dimsummania registration

The remaining Siculians joined with the Aborigines eventually becoming the people known as Prisci Latini (meaning old Latins), that is Prisci et Latini, or simply Latini. The emigration of the Sicels to Sicily is said to have taken place in either 1264 BC or 1035 BC ( Thucydides). The Sicels, who inhabited Latium at the time, gave way to the Aborigines, and a portion of them emigrated to Sicily, providing the origin for the island's name.

These Aborigines were driven from their mountain home by the Sabines and settled on the river Anio. Their earliest known home was Reate, an ancient Sabine town to the north-east of Latium near Carseoli. The Aborigines were possibly descendants of the Pelasgians, the original inhabitants of Greece and surrounding regions, or, more precisely, descendents of the Oenotrians, a tribe descended from Pelasgus by Oenotrus, son of Lycaon, primeval king of Arcadia. Lycophron calls a people of central Italy, Boreigonoi. Other etymological explanations suggested are arborigines, meaning ' tree-born,' and aberrigines, meaning ' nomads'. The most generally accepted etymology of the Latin word aborigines is that it derives from ab origine, according to which they were the original inhabitants of the country, although Cato the Elder regarded them as Hellenic immigrants, not as a native Italian people. They were supposed to have descended from their mountain home near Reate (an ancient Sabine town) upon Latium, where they expelled the Sicels and subsequently settled down as Latini under a King Latinus. The Aborigines in Roman mythology are the oldest inhabitants of central Italy, connected in legendary history with Aeneas, Latinus and Evander. It’s will not win friends or influence customers even if the food is great.A map of Latium, claimed homeland of the Aborigines. The lesson? Unless you love litigation, you don’t open a restaurants with the same name as another restaurant owned by someone else 20 feet down the street. You don’t have to be a legal wizard to understand that Tom’s Dim Sum Mania has a trademark problem despite the owner being named “Tom.” Indeed, the sign above its restaurant no longer reads “Tom’s”. Garden’s complaint has not been answered yet and pending at the time of this writing is a motion for a preliminary injunction filed by Garden to stop Tom’s Dim Sum Mania from using the term “Tom’s”. Given that neither party in this dispute owns a federally registered trademark, the plaintiff’s case rests on an unfair competition claim.

#Dimsummania registration

Another advantage of federal trademark registration is the ability to sue for trademark infringement in federal court. Garden filed a lawsuit in federal court alleging violations of the Lanham Act and unfair competition. (No comment on the food both restaurants serve tasty dim sum). The new Tom’s served the same cuisine in a similar trendy dining room. The move engendered considerable publicity (not to mention anger) both on the air and online. The falling out must have been bitter because Tom Guo quickly opened a new restaurant 20 feet (!) from Tom’s Dim Sum and called it Tom’s Dim Sum Mania. At some point, Tom Guo fell out with his boss and quit. At the time Tom Guo managed the Garden’s restaurants. Garden owned other dim sum restaurants in Philadelphia. In July 2016, Philly Dim Sum Garden (“Garden”) doing business as Tom’s Dim Sum opened (along with another corporate partner) a trendy dim sum restaurant in Media, Pennsylvania. It just doesn’t work that way, which is why a recent dispute in our hometown of Media, Pennsylvania raised some eyebrows. Obviously, unrelated owners of the same or confusingly similar trademark cannot successfully do business in the same geographical area. If they did, consumers – you and me – would be naturally confused over the source and quality of the goods or services, which in turn would affect the economic viability of the businesses using the trademarks. Whether or not the trademark is registered or common law, the priority user is the one who used it first. Federally registered trademarks provide a presumption of validity throughout the whole country, whereas common law trademarks are valid only within the geographical region of use. Often these disputes involve common law trademarks, not marks registered with the United States Patent and Trademark Office. One well-known dispute you may know about involved the Olivieri family members who sued each other over ownership of the PAT’S KING OF STEAKS trademark, a well-known Philadelphia cheesesteak brand. Frankly, pizza and cheesesteak establishments are just not that creative when it comes to choosing distinctive names. It’s not uncommon for our office to receive calls from restaurant owners, complaining that another restaurant in town is infringing its trademark.