No Veritas In This Vino
SASSICAIA was voted the wine of the century by people who vote on such things. So a printer in Tuscany reproduced the label on watermarked paper. Someone in Spain reproduced the special wrappings around the bottle’s neck. A bottling company in Tuscany matched up Sassiciaia’s green bottles. Someone found a similar Cabernet grape and blended in a wine that had a bouquet similar to that of SASSICAIA. Then enough fakes were produced to equal 12% of Sassicaia’s annual production.
From: “Swell or Swill,” in today’s Wall Street Journal, on wine counterfeiting (no free online version available). Some discussion of preventative measures being taken, such as holograms, etc.
Our Lawyer Is Too Conservative
WSJ law Blog on band that releases the song “Our Lawyer Made Us Change The Name Of This Song So We Wouldn’t Get Sued“, orignally titled “My Name Is David Ruffin And These Are The Temptations.”
New Petition To Cancel REDSKINS Trademark
MSNBC.com: ‘Petition seeks to cancel “Redskins’ trademark‘ (a group of young Native Americans will file a petition to cancel the REDSKINS trademark of the Washington football team, seeking to avoid the laches issue that faced the group that filed the previous petition).
Some background here.
85% Of Fragrance Purchases on eBay Counterfeit?
According to a study in Gernmany, 85% of 256 fragrance products purchased on eBay were counterfeit. Via Markenbusiness.
Statistics Not Intellectual Property of MLB
SI.COM: “Judge: Statistics not intellectual property of MLB”
The decision is up on Pacer:
C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, LP, Case no. 4:05CV00252MLM (E.D. MO August 8, 2006).
Quick summary: C.B.C. organized fantasy baseball leagues, a ‘paper’ (or online) game where users compiled their own teams consisting of major league players and competed using those players’ ‘real’ statistics. MLB alleged infringement of those players’ rights of publicity.
Held: C.B.C. use of the players’ names in conjunction with their public domain statistics (as opposed to if they had used the names in conjunction with the players’ likenesses), does not constitute use of the name as a symbol of identity and therefore is not an infringement of the players’ rights of publicity.
As a policy aside, it was noted that use of a player’s statistics in fantasy baseball is likely to enhance a player’s popularity, and thus does not contradict the policy goal of the right of publicity (Ed. note: ugh).
Additionally, C.B.C. has a protectable First Amendment interest in the use of the statistics.
Background here.
Foley v. Foley Con't
Foley firm settles trademark dispute with Foley firm.
Suggested advertising slogan for everyone else:
“Go With The Trademark Firm Not Embroiled In A Trademark Dispute”
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