30
Jan/04

Copy of Complaint in American Blind v. Google


Copy of the complaint in American Blind v. Google keyword case here.



30
Jan/04

SUPER BOWL SUPER BOWL SUPER BOWL SUPER BOWL


There, I said it.

Coverage on knock-off Super Bowl merchandise here and here.

Discussion of ambush marketing in relation to Super Bowl here and here.

Example of advertising which refers to “the game on Sunday” without using the term Super Bowl here.

While you’re watching the big game on Sunday, don’t forget during the slow parts to check The Trademark Blog for late-breaking trademark developments.  The Super Bowl is the Offiicial Profesional Football Championship of The Trademark Blog.



30
Jan/04

Google v. Booble


Google v. Booble (for adult search engine), via Internetnews.com.  Article quotes me going way out on a limb saying that Google’s argument is plausible.



30
Jan/04

Windows v. Lindows in the Netherlands


Microsoft prevails over use of LINDOWS in the Netherlands, via The Register.



29
Jan/04

But Is It Descriptive?


The charming story of the football player who has sought protection for HE HATE ME, via The Sports Law Blog.



29
Jan/04

American Blind Sues Google Over Keyword Sale of AMERICAN BLIND and Others


American Blind has sued Google over its keyword sale of terms in which American Blind claims rights, such as AMERICAN BLIND and AMERICAN WALLPAPER..  The suit was filed in district court in Manhattan.  Via News.com.

Google has previously filed a declaratory judgment against American Blind in California, background here.  Speaking extremely broadly, there is a ‘first-to-file’ rule, however courts have discretion as to whether to apply it.  So it’s kinda a first-to-file guideline.

Decision in Playboy v. Netscape, which states that there is at least a colorable cause of action regarding keyword sales, here.

Results of Google search of term AMERICAN BLIND here.

UPDATE: Coverage here.



26
Jan/04

Search Engine Keyword Suit Settles


Via news.com, the Playboy v. Netscape suit has settled.  Background here.



26
Jan/04

Queer Registrations


Via NY Lawyer, an article regarding a paralegal’s attempts to challenge a NY State statute banning language that is obscene or intends to ridicule.  The paralegal successfully fought to name a not-for-profit advocacy group QUEER AWARENESS.

U.S. trademark law has a provision that bars marks that disparage.  Marks currently registered include QUEER AS FOLK, QUEERGEAR and QUEERSTOCK.  There are also pending applications for QUEER EYE FOR THE STRAIGHT GUY.



23
Jan/04

Protection for Sweat of the Brow?


Via Copyfight,  word of a  bill that has passed the House Judiciary Committee, intended to give protection to databases.



22
Jan/04

Meet The Nets


This NY Post article, reporting the sale of the New Jersey Nets to a rich Brooklyn person Bruce Rattner, who intends to move the team to Brooklyn, mentions that the New Jersey Sports Authority will ask the NBA to allow it to keep the name NEW JERSEY NETS (lucky for them that Nassau County didn’t pull this when the Nets moved to Jersey).

Background on the ownership of trademarks when sports franchises move, here.

The New Jersey Nets trademark appears to be owned by New Jersey Basketball, LLC.

The domain name NYNETS.COM was registered to a Long Island resident in September of ’02.

The domain name NEWYORKNETS.COM was registered to a Texas company in July of ’02.

The domain name BROOKLYNNETS.COM was registered by DirectNic in August of ’03.

Some will recall the Golden Age of New York -ETS names, 1975, when there were the NEW YORK METS, JETS, NETS, and, blink and you missed them, the World Team Tennis League NEW YORK SETS.