SANS BLOG!, is a new French-language blog written by Sylvain Hirsch, of IP TWINS, a French naming, domain name and trademark registration firm. Sylvain is in the avant garde of French trademark lawyers with regard to the Internet – check out the site.
August 2003
Suit Withdrawn. Parting Shots on Fox v. Franken
Three things on Fox v. Franken:
1. AP is reporting that Fox has withdrawn its suit.
2. A well-known trademark lawyer floated the provocative but unprovable idea on the INTA list that the Supreme Court and other appellate courts have been ruling against trademark owners recently because of high-profile suits such as this where trademark…
Meme Watch: JELLY KELLY
The Jelly Kelly meme keeps replicating, here’s more from the Gothamist with a picture of Sarah Jessica Parker carrying what appears to be one. Thanks to KGH for the link.
Question for discussion among branding consultants and trademark lawyers. What are customers thinking?
1. I would never buy a real KELLY bag by Hermes now…
Fox Motion Against Franken Denied – Court Holds Claim "Wholly Without Merit."
Yahoo is reporting that District Court Judge Chin has denied Fox’ motion for an injunction against the Al Franken book “Lies and the Lying Liars Who Tell Them,” stating that Fox’ claim was “wholly without merit, both factually and legally.”
Yahoo also reports that Franken’s publisher has added another 50,000 copies to the print run…
Anyone Can Make An Adhesive Container Cap Consisting Of Four Flat Wings
Federal Circuit case upholding dismissal of trademark application of Pacer Technology (makers of Super Glue) to register the shape of its adhesive container cap, consisting of four flat wings. The PTO showed absence of distinctiveness by proffering design patents with drawings for somewhat similar caps. Note: the PTO drawing of the application drawing is illegible. The…
DORAL Brand City, For All Your City Needs
This is the kind of story that gets picked up and reported with a “The world is going to hell in a handbasket” tone.
Accordiing to the New York Lawyer, the DORAL GOLF RESORT AND SPA is protesting the use of DORAL by the newly incorporated city of Doral, Florida. It’s not clear from…
Rollover Samurai. Now Play Dead.
How Appealing reports that Consumer Union has filed cert to appeal a Ninth Circuit decision holding it liable for product disparagement for an article it ran saying, among other things, that the Suzuki Samuria rolls over easily. This from the dissent:
“Judge Graber also complains that CU said the Samurai rolls over “easily” when, in fact,
…
More on Jelly Kelly and Birkin Bags
Apparently the Hermes Kelly bag was named after Grace Kelly. This and other free association to the subject of knock-off handbags here, via the Gothamist. Thanks to RW for the link.
Arthur Helton
When I was in law school, I assisted in editing an article on human rights by Arthur Helton. I was saddened to read here that Mr. Helton was among those killed in the bombing of the U.N. headquarters in Baghdad. From the article in New York Lawyer today:
“A human-rights activist and adjunct professor at…
Thomas and the Theft of Trade Secret
Given that I have spent what seems like $500,000 on Thomas the Tank Engine stuff over the past few years, this case was extremely disturbing.
Two guys made wooden trains and track. They are encouraged to go to the NY Toy Fair where they are immediately met by Learning Curve, holders of the licensee for Thomas…