October 2004

A Danish businessman, Joachim Bruss-Jensen, had a falling out with a business partner, who turned around and registered JOACHIMBRUSS-JENSEN.COM and BRUSS-JENSEN.COM.  While the registrant’s actions appear to satisfy elements two and three of the UDRP, absence of bona fide interest, and bad faith, complainant failed in this UDRP, as he could not show tradmeark

A study involving 67 people showed no preference for either Coca-Cola® (Coke®) or Pepsi® when the drinks were administered anonymously, according to results published in the Oct. 14 issue of the journal Neuron. However, when told what they were drinking, roughly three-fourths preferred Coke. All 67 also submitted to brain scans.

From: Scientists can now

‘Genericide,’ is one phenomenon of trademark law that lay clients always seem to be aware of – that they could, in theory, lose their trademark if it becomes the generic term for that product (which I suppose is a secret fantasy of many clients). 

ASPIRIN, CELLOPHANE and ESCALATOR are famous examples of a brand losing

I was watching CNN and what I thought was a commercial for Fahrenheit 9/11 when suddenly I see Mayor Koch calling Michael Moore a liar.  It was a commercial for Fahrenhype 9/11!  Made me look! 

By the way, if you type ‘Fahrenhype 9/11’ into Google, Google asks whether you meant ‘Fahrenheit 9/11.’

Clearly the name