31
Mar/03

How Are You Spelling CNN?


Thanks to TechLawAdvisor for emailing me about this WSJ Article on the increased use of search engines.  It cites a report discussed here earlier regarding the increasing use of both search engines and direct navigation to access websites.  However given that the report bundles both bookmarks and URLs under the heading ‘direct navigation,’ this particular report does not support the article’s thought that domain names will become irrelevant (although this is the second time in a week that someone other than me expressed that fanstasy outloud.)

Strange but true: The outbreak of war has made CNN one of the most searched-for terms in search engines, which, the WSJ author notes, given CNN’s location at cnn.com, is equivalent to calling up directory assistance and asking for the number for 1-800-FLOWERS.

UPDATE: (actually an improvement): An astute reader (the best kind) writes in to point out that typing CNN into Google and hitting “I’m feeling lucky” involves fewer keystrokes for the user who wants CNN but isn’t precisely sure it’s at www.cnn.com. As a bonus he provides this nifty article with a graph of people who typed in CNN on 9/11 and discussed Google in depth. One more argument for using real navigational systems like directories instead of guessing domain names.



31
Mar/03

Their Characterization, Not Mine.


Brandchannel article on the value of ‘low-brow’ brands such as WWE, NASCAR and Elvis.

Elvis belt-buckle available here.



28
Mar/03

It's Who You Know


The Trademark Blog is one of 10 Lexis Websites of the Month.  Because one hand washes the other I am naming Lexis the computerized legal research service of the month.



28
Mar/03

Twomey to Head ICANN


Paul Twomey will be the new president and CEO of ICANN.  Announcement here and coverage via IcannWatch here.



28
Mar/03

Including A Picture of a Jack Russell Terrier


Recent UDRP cases involving Disney and Jack Russell Terriers are discussed here at UDRPLaw.net.



28
Mar/03

What the World Has Been Clamoring For


ICANN posted these “Criteria to Be Used in the Selection of New Sponsored TLDs.”  Commentary from people who disagree with me here.



28
Mar/03

Example of Secondary Meaning in Color


New UPS logo, discussed here.  UPS press release on new logo here.  Background of old logo, desgined by Paul Rand, discussed here.  Track your UPS package here.  Episode of LARRY SANDERS where Artie’s son quits job in entertainment to join UPS in order to wear brown shorts discussed here.



27
Mar/03

But You Should Still Always Tell The Objectively Reasonable Truth


Not really trademark law but it happened in a trademark case:  Defendant tells his law firm a cock-and-bull story.  Submits the story in an affidavit.  The law firm didn’t necessarily believe the story but later testified that it believed that the story was possibly true.  The district court held that the law firm’s belief was objectively unreasonable and sanctioned the law firm.  On  appeal, the Second Circuit holds that in this situation, where neither the adversary nor the Court gave the law firm the opportunity to withdraw the challenged papers, for purposes of sanctions the law firm should be held not to the “objectively unreasonable” standard” but a “bad faith” standard.  There was no finding of bad faith. Click here and search for In re Pennie and Edmonds, 02-7177, March 14.



27
Mar/03

Aggregators: I Would Like To Clarify Our Agreement


I am very happy to make an RSS feed of this web site available to aggregators who make NON-COMMERCIAL use of the feed.  There is someone out there who is aggregating 40 law blogs and attempting to sell advertising.  Please either stop selling the advertising or stop including my blog.  Also, there is someone out there who appears to be attempting to sell access to various law blog archives as a premium service.  My archives are available free on this site.  Stop attempting to sell my content.

UPDATE:  I suppose that someone who is selling advertising in order not to make a profit but to defray bandwidth charges is still making non-commercial use of the feed.



26
Mar/03

Appellations of Origin of the Day – Oil and Vinegar


My wife made a Toscano oil and Modena Balsamic Vinegar salad dressing last night.  Olives have been grown in Toscano or Tuscany since 700 BCTOSCANO is an appellation of origin for olive oil.  Histories of balsamic vinegar suggest that it is so named because it had the healing qualities of a balm.  It was first prepared in Modena in Italy as early as 1046.  MODENA is an appellation of origin for balsamic vinegar.  Usually, consortiums of local growers control and monitor procedures for producing products which may bear these appellations of origin.  The European Union’s register of appellations of origin is here.