21
Dec/04

Geico Google and Aleve Brand Heart Attack Law


Transcript of Geico Google keyword trial courtesy of Patently Obvious.

I saw the first keyword ad tied to ALEVE for a lawyer (titled “Aleve Heart Attack Law”) at around noon today. Explanation here.



21
Dec/04

Something I Learned At Work Today


There are valid U.S. trademark registrations for the mark PING PONG covering, uh, table tennis stuff, stating a date of first use of 1902.  The original registrant was Parker Brothers.

History of Ping Pong here.

Cats playing ping pong from here.

UPDATE:  A loyal Trademark Blog reader emails me to advise that (1) the owner of PING PONG trademark enforces its rights; and (2) it backs it up with dictionary definitions defining PING PONG as a trademark for table tennis (a fact I confirmed by looking at my Webster’s.

Etymology Question: Does the term ‘to ping’ as in to send something over a network to test it (and now, to follow up with someone – “If he doesn’t answer by tomorrow, ping him”) derive from PING PONG or from the meaning of ping as in small metallic noise (“the engine pinged”).



17
Dec/04

The Public Policy Argument For Keyword Sales of Trademarks


Put CELEBREX into Google and see what type of keyword ads are triggered.  Background here.



17
Dec/04

Shameless Self-Promotion


Here’s something nice Coudal Partners said about us (scroll to ‘Up To Speed.’)



17
Dec/04

Trademark Law and Adult Novelties


In September 2003 I wrote a piece about an infringement case involving use of the VUITTON mark on ‘bondage masks and genital cuffs.’  I then noted: “Now, when someone Googles ‘genital cuffs,’ this site will rank highly.  Great.”

Today, as a result of that piece, someone came here searching  the term “Genital Bondage.”

Hello, sir or madam, can I interest you in a trademark application?



16
Dec/04

TRADING SPOUSES Too Faithful To WIFE SWAP


Producers of the reality show WIFE SWAP have sued Fox, producers of TRADING SPOUSES.

“Reality Check: When Will 2 TV Shows in the Same Genre Be Considered Substantially Similar Under Copyright Law?” from the 21 Entertainment and Sports Lawyer 2 (summer 2003).



15
Dec/04

If You Are Within The Sound Of My Voice


I will possibly be on NPR’s MarketPlace program tomorrow morning, mouthing off on the Google case.



15
Dec/04

This Just In: Google Wins Something


This just in (fx: sound of teletype machine): Reuters is reporting that ‘part’ of Geico’s case against Google has been dismissed.  Which part they don’t say.

UPDATE:  More from Search Engine Watch, indicating that the trial will be halted until an order issues.

From Marketwatch.com:

The company confirmed that U.S. District Judge Leonie Brinkema rejected auto insurance giant Geico Corp.’s claim that Google should not be allowed to sell ads for rival insurers that appear when Geico is typed into Google’s search engine.



13
Dec/04

Grokster Advances To Finals, con't


Law.com on the impending Supreme Court review of the Grokster case.



13
Dec/04

"The Acceptable Knockoff"


NY Times article (reg req) on LVMH’s lawsuit against Dooney & Bourke regarding D&Bs take on LV’s Murakami bag.