17
Jun/03

Fourth Circuit Decides Fire Truck Trademark Case


Fourth Circuit decision on, among other things, the difference between making a remote junior user affirmative defense, and objecting to a geographically overbroad injunction.  No discussion of the importance of trademarks in the fire truck market.

Emergency One v. American Fire Eagle Engine Company, No 02-1483 (4 Cir. June 16, 2003).



17
Jun/03

Odorama v. Odorama


Thanks to the Blog reader who sent this item in.  Reeling from its recent setback in the Spike TV case, Viacom must now defend itself against allegations that its use of ODORAMA in connection with its new Rugrats movie  (scratch and sniff card depicted above right) infringes John Waters’ rights in the term.  He used it first in his 1981 comedy Polyester (scratch and sniff card depicted above left).  The director of the Rugrats movie has stated, probably without advice of counsel, that she was inspired by John Waters and meant the use of ODOROMA as an homage to him.  That reminds me of Tony Roberts’ line in ‘Stardust Memories:’ “Homage? We outright stole it.”  Disclaimer: that remark was not intended as subtle commentary on the merits of the matter. 

Polyester card image obtained from film gallery site here.



17
Jun/03

Wall Street Journal on Paid Search


Page R1 of today’s Wall Street Journal: “Playing the Search-Engine Game.”  Good discussion of three prominent methods of  advertsiing on the web: paid listings, paid inclusion and search engine optimization.



13
Jun/03

Spike Lee v. Spike TV continued


Spike Lee wins round one against Spike TV (billed as the first network for men).  A little bit of background here.



13
Jun/03

Al-Jazeera Domain Name Hijacker Account


How somebody provided NSI with fraudulent documents and hijacked the Al-Jazeera domain name here via CNET News..



12
Jun/03

Commentary on DASTAR Decision


Commentary on Dastar v. Fox Supreme Court decision via FindLaw.



12
Jun/03

Abercrombie v. Aberzombie UDRP


Abercrombie fails establish that ABERZOMBIE.COM, which sells the t-shirts on the left, is confusingly similar to ABERCROMBIE, which sells the t-shirts on the right, in UDRP.  Decision here.

Links to info on Zombie movies here.



11
Jun/03

Carefirst Remains Blue


CareFirst is the Maryland affiliate of BlueCross BlueShield.  Its press release states that a decision by a federal judge regarding reforms pressed upon CareFirst by Maryland’s Insurance Commissioner “ensures its continued use of the trusted Blues trademark.”  The national BlueCross BlueShields organization had suspended CareFirst’s affiliation and ability to use the BlueCross BlueShield mark, arguing, according to this article, that the state-imposed requirements had created a state-takeover that in effect that violated its trademark agreement with CareFirst.



11
Jun/03

Contraband in Paraguay


NY Times article suggesting that one fifth of Paraguay’s economy consists of smuggling, including 95% of its domestic cigarette production. (free subscription to nytimes.com required).  I can attest from personal experience that fighting counterfeits in Paraguay is made more difficult by what the article refers to as “the inefficient and corruption-plagued Paraguayan legal system.”

Map of Paraguay (c) copyright 203 Lonely Planet, Publications.  All rights reserved.  Source of fine travel guides here.

 



10
Jun/03

Spike Lee v. Spike TV


Movie director Spike Lee has sued Viacom, for re-naming its TNN Network as SPIKE TV.  Via Salon.