20
May/04

Do Fries Come With That Shake?


McDonalds prevails over application for MCDATES, which sought to combine serious dating with restaurant dining.  TTAB rejects application as users might assume MCDATES was source of fast and cheap dating.  Not a close case – applicant used McD’s colors on its website.  Thanks to John for the link.

Some marks that constitute McDonalds’ famous MC formative family include MCMERCHANDISE, MCNATURE, MCGIFT SHOP, MCWIPES, MCSHUTTLE, and here’s one for you irony fans, MCJOBS.



20
May/04

Geico Sues Google and Overture


Geico sues Google and Overture over keyword sales.  Via News.com.

Google Geico here.  At the time I did this, at least one of the ads appeared to violate Google’s keyword policy (and didn’t appear to represent fair use).  The ad, for a multi-underwriter broker, ran a headline that read, in its entirety, GEICO, and the landing page was a fill-in form for quotes for numerous underwriters (mentioning Geico only in tiny print towards the bottom).  As such, the headline GEICO does not accurately describe the page’s contents.



19
May/04

ICANN Scores First Points Against Verisign


ICANN gets antitrust claim dismissed, federal jurisdiction lost, etc.

ICANN budget here.

LexText’s rejoinder to Verisign’s spokesman’s comment that the loss was ‘not that unexpected’: ‘Yeah, that’s it, we meant to lose.’



19
May/04

South African Tobacco Counterfeiting


South African tobacco exec convicted of counterfeiting PETER STUYVESANT cigarettes, via SABC News.



19
May/04

Software Counterfeiter To Do Time


Software counterfeiter to be sentenced to prison time, via Denver Business Journal.



19
May/04

Fan Web Sties and Copyright Enforcement


Dennis Wilson and Konrad Gatien of Keats McFarland on “Fan Web Sites and Copyright Enforcement,” via LA Lawyer.



18
May/04

Googol v. Google


Amusing thread on Slashdot re threats by a descendant of the mathematician who coined the term GOOGOL to go after GOOGLE.

Definition of Googolplex here.

Information on Googleplex here.

Bio of Russian novelist Gogol here.

Song about Barney Google here.



18
May/04

Apple In The News


Eminem’s suit against MTV and Apple re unauthorized use of his song “Lose Yourself” to proceed.  Via FindLaw.

Gwenyth Paltrow names her baby “Apple.”  Via ITV.COM.



18
May/04

Trademark Blog Begins Its Third Year


I began this blog May 17, 2002.  The most used search term to get here is ‘trademark.’  The second most used term is ‘jelly.’  The three most requested articles of all time involve the Miss Piggy Parody, Mecca Cola and the Jelly Kelly.  The most requested jpg files are of Miss Piggy, the fake Puma ad and the unusual G logo.  I think that about 1700 people visit the site each day, up from three the first day (me, Ernie the Attorney and Denise).  A really large theater or concert hall might sit 1700.

I was thinking while at INTA that it would be nice if other people (especially non-U.S. people) would begin blogs about trademarks so that there would multiple points of view and we could have debates and I could link to them on really busy days like today.

 



17
May/04

Brand Film


NY Times article on upcoming animated film that will feature 80 name-brand products including Charlie the Tuna and the Brawny Paper Towel man.  The movie, ‘Foodfight,’ takes place in a supermarket after hours.  The filmmakers report that the product-based characters do not overtly promote the products they represent.