August 2003

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

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

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,

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.

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

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