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	Case of the Month Case Summary: Kellogg Company v. Toucan Golf, Inc.
		Kellogg has not cornered the market on all potential uses of the common bird name 'toucan' in commerce, only on uses of 'Toucan Sam.' In regard to the word marks, TGI's apparently similar use is therefore not enough to overcome the unrelatedness of the goods.
		Toucan Sam is anthropomorphic, with a discolored, misshaped beak.
		Although the composite TOUCAN SAM was fanciful, "toucan" for cereal is only arbitrary and this was the portion of the mark that was used by Defendant.
	www.cuttingedgereport.com /casesofthemonth/cases/0308A/sums/Kellog_v_ToucanGolf.html (1169 words)

	Toucan - Wikipedia, the free encyclopedia
		Toucans are near passerine birds from the neotropics.
		Toucans were used to advertise Guinness stout, and many collectables such as postcards and models with Guinness toucans on them may be found.
		Toucan Sam is the mascot of Kellogg's Froot Loops cereal.
	en.wikipedia.org /wiki/Toucan (470 words)

	Toucans.info - Toucan Photos Pictures Information Sam Info
		The toco toucan is mainly fl, with white on the throat and upper breast.
		The toucan's large bill enables it to perch inside the crown of a tree, where branches are thicker, and reach far outwards to pluck berries or seed from twigs too thin to bear their weight.
		Toucans are found in tropical and subtropical forests in South America;, mainly in Brazil, Paraguay Argentina, and Bolivia.
	www.toucans.info /info.html (505 words)

	Froot Loops - Wikipedia, the free encyclopedia
		The cereal's mascot is Toucan Sam, a blue cartoon toucan with a striped beak.
		Biologically speaking, Toucan Sam is a Keel-billed Toucan, also known as Ramphastos sulfuratus.
		The commercials followed a story of Toucan Sam traveling through a marshmallow temple.
	en.wikipedia.org /wiki/Toucan_Sam (409 words)

	Toucans.info - Toucan Sam
		Toucan Sam is world renowned for his single-mined dedication to “finding the best fruit flavors on the planet,” most notably Kellogg’s Froot Loops.
		Toucan Sam was created to scare little children into eating horribly sweet cereal.
		Of course, a real toucan would die just moments after eating a serving of the cereal, but Kelloggs thought a living mascot would be better for sales than a dead one, so they told a little white lie and got away with it.
	www.toucans.info /sam.html (229 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Kellogg claims these materials indicate that the Toucan Sam marks are related not only to the manufacture of breakfast cereal, but to the golf equipment industry as well.
		Kellogg has not cornered the market on all potential uses of the common bird name “toucan” in commerce, only on uses of “Toucan Sam.” In regard to the word marks, TGI’s apparently similar use is therefore not enough to overcome the unrelatedness of the goods.
		Toucan Sam is anthropomorphic, with a discolored, misshaped beak.
	laws.lp.findlaw.com /6th/03a0241p.html (4690 words)

	Toucans Steel Drum Band
		Recap: The Toucans, a Seattle-based steel drum band who have been playing in the Northwest for close to a decade, applied for a federal trademark in class 9 (which includes sound recordings) to protect their name.
		The claim of defense is misleading as the Toucans have repeatedly stated that they will in no way challenge or oppose the use of Kellogg's registered marks in ANY form of commerce, including sound recordings.
		Although a registration of the name "Toucans" could theoretically be used to prevent Kellogg's from marketing musical recordings, the Toucans have already offered to agree never to challenge or oppose Kellogg's registered marks or their use in any class.
	www.toucans.net /Trademark/PubResp2.html (676 words)

	Kelloggs beats up on small business !
		Its basis for this preposterous claim has been that since it utilizes a cartoon character as its spokescharacter for one of its cereal brands who is identified as "Toucan Sam", it owns the species.
		The owners of those cartoon characters, far better known than Toucan Sam, to the best of my knowledge have never made claims to the word Mouse because that concept is nothing but absurd and defies common sense.
		During Kelloggs nine year long opposition, its lawyers attempted to intimidate me by claiming that not only did Kelloggs have "deep pockets" but also the main lawyer was a former employee of the Trademark office and still maintained many "friends" only down the street from their offices.
	www.toucangold.com /kelloggs.html (746 words)

	Toucan - Uncyclopedia
		Toucans are tropical savvy birds of prey from South America, closely related to sharks and scoundrels.
		Like most sharks, toucans are privatizationivorous (state-eating), but will take insects and other small prey, as well as larger prey, such as kraken and gullible people.
		Toucans are believed to be very keen advertisers, being able to sell mostly anything.
	uncyclopedia.org /wiki/Toucan (176 words)

	Toucan Sam, a Keel-billed Toucan (Ramphastos sulfuratus) (Site not responding. Last check: 2007-10-09)
		Toucan Sam is one of the best known animals of the rainforest.
		Toucan Sam does not eat Froot-loops cereal, but it does eat fruits from trees in the rainforest.
		Toucans are some of the prettiest pretty birds in a rainforest.
	www.msu.edu /user/urquhart/tour/toucan.html (161 words)

	Ubersite - Toucan Sam (NSFW)
		Toucan Sam was a naïve immigrant from some rainforest who didn't speak a lick of English when he first came to America in 1960.
		Nowadays Toucan Sam is regarded as one of the most loveable cereal box characters ever, and he is one of the few that still has a noticeable TV commercial career as well.
		The basis of the lawsuit was that Toucan Sam is a trademarked figure, and he is also a recording artist so The Toucans cut into his previously trademarked domain.
	www.ubersite.com /m/87336 (988 words)

	Kelloggs (Site not responding. Last check: 2007-10-09)
		Toucan Sam is the expert on Kellogg’s Froot Loops cereal and constantly “follows his nose” to find them.
		In the end, Toucan Sam always meets them with a generosity of spirit that includes the sharing of a bowl of Kellogg’s Froot Loops.
		While Toucan Sam’s affection for his nephews is never tested, his patience with them often is. The nephews worship their Uncle Toucan Sam and think that everything he does is cool.
	www.kelloggs.com /brand/characters/toucansam.html (227 words)

	Toucans Response to Kellogg's
		Recap: The Toucans, a Seattle-based steel drum band who have been playing in the Northwest for close to a decade, applied for a federal trademark in class 9 to protect their name.
		However, if Kellogg's is successful in denying the band protection of the trademark laws for the current band name "Toucans", it will effectively force the group to choose another name in order to pursue their musical careers at a higher level and eventually achieve trademark registration of the band name.
		The Toucans would like nothing more than to keep their distance from the Kellogg Company, and in any event, has never associated itself with Toucan Sam, Froot Loops, or Kellogg's in any way.
	www.toucans.net /Trademark/PubResp1.html (940 words)

	ScienceDaily: Engineers Discover Why Toucan Beaks Are Models Of Lightweight Strength
		UCSD materials scientists discovered that the lightweight strength of the Toco Toucan's beak is due to a matrix of bony fibers and drum-like membranes sandwiched between an outer layer of keratin, the protein that makes up fingernails, hair, and horn.
		Toucans are highly social, noisy residents of rainforests in the Amazon, although the birds live as far north as Mexico.
		Toucan -- Toucans are brightly marked and have enormous colourful bills and inhabit Tropical...
	www.sciencedaily.com /releases/2005/11/051130084855.htm (1828 words)

	Everybody Loves Toucan Sam the Fruit Loop Bird. Or Do They? Costa Rica, Monkeys are made of Chocolate by Jack Ewing. ...
		Even outside of Costa Rica a popular breakfast cereal is identified with the famous "Toucan Sam the Fruit Loop Bird." I use the word toucan here in the generic sense, but in reality there are many different kinds of these charismatic birds with their long boat-shaped beaks.
		Toucans normally land on the lower limbs of a tree and hop up from branch to branch, taking off again near the top.
		If toucans are the lumbering old transport planes of the bird world, then the swifts, swallows and martins are the fighter jets, and the flycatchers are the stunt planes.
	www.1-costaricalink.com /costa_rica_books/costa_rica_monkeys/costa_rica_monkeys_83.htm (2039 words)

	SAM De Toucan (Site not responding. Last check: 2007-10-09)
		El SAM de Toucan, un azul toucan con un pico rayado, es la mascota del cereal de desayuno de los lazos de Froot de Kellogg.
		El SAM de Toucan habla con un acento británico en los anuncios de la TV y se sabe para su slogan de la marca registrada "sigue su nariz!" En el ads él hace a menudo apenas esto, siguiendo su nariz al olor de un tazón de fuente de los lazos de Froot.
		El SAM de Toucan también tiene tres sobrinos que aparezcan a veces en anuncios; llevan una cierta semejanza a los sobrinos Huey, Dewey y Louie del pato de Donald.
	www.yotor.net /wiki/es/sa/SAM%20De%20Toucan.htm (164 words)

	All About Toucans & Keeping Toucans as Pet Birds
		Toucan Sam, the spokes bird for Fruit Loops was a Keel Bill Toucan.
		The Keel-billed Toucan is the national bird of Belize.
		Toucans are sensitive to smoke and strong odors.
	petcaretips.net /toucan.html (382 words)

	Shopping Resources - toucan sam
		Companies that offer products and services related to toucan sam should be in our directory which currently contains more than 2 million listings.
		Toucan Auto Parts available at JC Whitney with free shipping.
		Toucan Sam is world renowned for his single-mined dedication to "finding the best fruit flavors on the...
	www.where-is.net /default.asp?search=toucan+sam (283 words)

	(14) Kelloggs Froot Loops Cereal Toucan Sam Advertising Character Items - TPNC
		Next is a small colorful ©1991 Toucan Sam magnet.
		There are (2) 1990's Toucan Sam plush dolls.
		Lastly there are (4) plastic Toucan Sam water squirters.
	www.timepassagesnostalgia.com /&searchkeywords=Hero+Froot+Loop+Cereal (194 words)

	All About Toucan Sam and Kellogg's Fruit Loops
		Toucan Sam to tell the world how great the taste of
		Toucan is a blue toucan with a striped beak who
		Toucan Sam also has three nephews who sometimes appear
	www.petcaretips.net /toucan-sam.html (215 words)

	Toucans Species Profiles
		The only other Toucan that you might find available in the US that is in the "whistler" category, is the Red Bill, although Red Bills have pretty much disappeared from the US in recent years.
		Curl Crested Aracaris are one of the most unique feathered of all Toucans, actually all birds for that matter, in that they have an extremely unusual type of curled feathers on their head.
		However, they are one of the least attractive of all the Toucans, and have what to many is a quite drab appearance, and what some would say "beady eyes", especially when compared to other available Toucan species.
	www.summersbirds.com /speciesprofiles-toucans.htm (2889 words)

	TV ACRES: Advertising Mascots - Animals - Toucan Sam (Kellogg's Froot Loops)
		TV ACRES: Advertising Mascots - Animals - Toucan Sam (Kellogg's Froot Loops)
		His main assignment in the commercials is to use his sense of smell to help locate fruity tasting Froot Loops cereal.
		With a suave carbon-copy voice of the late film actor Ronald Colman, Toucan Sam flew through the jungles crying out "Follow my Nose, it always knows!" The Leo Burnett Agency created the Toucan Sam advertising campaign in the early 1960s.
	www.tvacres.com /adanimals_toucansam.htm (129 words)

	Amazing Rainforest Animals (Site not responding. Last check: 2007-10-09)
		The Amazing Rainforest Animals collection of rainforest animal pictures, wingsparks, and resource links is a site developed by EDAF 4507 and EDAF 5880 classes at the College of Education at Louisiana State University during the spring of 1998.
		Toucans sleep with their beaks on their backs and their tails over their heads
		Toucans are fun-loving birds and like to play games with their beaks like swordfighting or tossing fruit to each other.
	asterix.ednet.lsu.edu /~edtech/rainfor/toucan/toucan.htm (101 words)

	Toucan Sam, a Keel-billed Toucan (Ramphastos sulfuratus) (Site not responding. Last check: 2007-10-09)
		Toucan Sam is one of the best known animals of the rain forest.
		Toucans live in South and Central America, but do not live in Africa.
		Toucans are some of the prettiest birds in a rain forest.
	www.trfic.msu.edu /rfrc/tour/slideb.html (132 words)

	CONSEJO - Intellectual property & legal commentary: 07/20/2003 - 07/26/2003 (Site not responding. Last check: 2007-10-09)
		Kellogg Co. had opposed TGI�s registration on the ground that TGI�s use of �Toucan Gold� � and a related logo featuring a toucan, called GolfBird � would create a likelihood of confusion among consumers with respect to five �Toucan Sam� registered marks which Kellogg uses in the breakfast cereal industry and on clothing.
		Toucan Sam a golfer, nor does a novelty catalog make Kellogg a player in the golfing industry�.
		Sam� is itself fanciful and distinctive, use of the word �toucan� for cereal is merely arbitrary.
	consejo.blogspot.com /2003_07_20_consejo_archive.html (5874 words)

	The Trademark Blog: TOUCAN SAM v. TOUCAN GOLD (Site not responding. Last check: 2007-10-09)
		Sixth Circuit: Toucan Gold for golf clubs not confusingly similar or dilutive of Toucan Sam for Fruit Loops.
		Kelloggs argued, inter alia, that a 1982 animated commercial for Fruit Loops showing Toucan Sam talking to a golf playing bear "indicate[s] that the Toucan Sam marks are related not only to the manufacture of breakfast cereal, but to the golf equipment industry as well."
		Toucan Golf, No. 01-2394 (6th Cir July 23, 2002).
	www.schwimmerlegal.com /archives/2003/07/toucan_sam_v_to.html (90 words)

	Toucan in Chicago, IL - AOL City Guide
		With Toucan, named after that cool and colorful Toucan Sam from the Fruit Loops cereal box, they've created an understated eatery with a memorable menu.
		An oversized glass mosaic of a toucan, created by a local artist, and a vibrant painting of two toucans, a housewarming gift from friends, are the only wall art.
		Toucan's menu bounces around the Caribbean islands, featuring traditional items as well as contemporary takes on standbys.
	cityguide.aol.com /chicago/restaurants/toucan/v-138431 (376 words)

	Kelloggs beats up on small business ! Carlos Guteirrez (Site not responding. Last check: 2007-10-09)
		During Kelloggs eight year long opposition, its lawyers attempted to intimidate me by claiming that not only did Kelloggs have "deep pockets" but also the main lawyer was a former employee of the Trademark office and still maintained many "friends" only down the street from their offices.
		The conclusion has to be drawn that since those immoral tactics continued for all these years, they had to be sanctioned and as well as paid for by them.
		The appeals court didn't buy this frivilous argument and ruled on 7/23/03 that Toucan Golf is entitled to operate with the same rights as Kelloggs.
	www.toucangolf.com /kelloggs.html (1382 words)

	United States Olympic Committee - Snowboarder Lindsey Jacobellis on Chile, Locks of Love and Toucan Sam
		Jacobellis is a Stratton Mountain School rider and credits her older brother Ben with getting her involved in snowboarding in 1996 — and she's taken it from there.
		After unpacking from South America, she took some time to chat with usolympicteam.com about her first World Cup finals (Sept. 13 in Chile), her Locks of Love project and, among other things, her newest best friend, Toucan Sam.
		I’ve never seen anybody else on the box other than Toucan.
	www.usoc.org /11471_14154.htm (798 words)

	Lawn & Garden - GrabCart Compare and Buy Home & Garden Products
		Kellogg's Anniversary Collection "Toucan Sam" Retro Neon Wall Clock
		Kellogg'sÂ® celebrates its 100th Anniversary, and who better than Toucan Sam to bring back fond me..more
		Kellogg's Anniversary Collection "Toucan Sam" Battery Operated Alarm Clock
	www.grabcart.com /list/homegarden/lawn (298 words)

	Heathside Cereal Premiums and Toys. Large selection of cereal toys.
		Cereal bowl w/other graphics including Toucan Sam, Tony the Tiger, Cornelius, etc. (7" wide x 2" deep) in nice condition w/minor wear - $5.99
		Kellogg's - Toucan Sam bendie PVC figure (4") (2003) in nice condition - $3.99
		Kellogg's - U.S.S. Toucan Sam orange, plastic sub (1 3/4" high by 4" long) (1995) in nice condition w/light wear - $4.99
	www.heathtoys.com /cereal.htm (3887 words)

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