29
Jun/07

Bausch & Lomb v. Alcon re False Advertising


OSN: “Bausch & Lomb files lawsuit against Alcon alleging false advertising
“Bausch & Lomb has filed a lawsuit against Alcon, alleging that it made false advertising claims about Bausch & Lomb’s contact lens solution, ReNu MultiPlus. The company seeks an injunction against Alcon’s advertising campaign and damages for loss of sales due to the campaign, according to a press release from B&L.”



28
Jun/07

NY: Purchase of Keyword Is Not Use of Trademark In Commerce


Following on the heels of Site Pro-1 v. Better Metal, the Eastern District of NY has again held that neither use purchase of a keyword nor use of a competitor’s trademark in a meta-tag, rises to use of a trademark. Congratulations to my Moses and Singer colleague David Rabinowitz, who successsfully represented defendant.
Copy of decision in FragranceNet .com v. FrangranceX.com here.
Prof Goldman analysis here on why the Second Circuit has become a pro-defendant forum in search engine cases.



28
Jun/07

Class Action Against Google Re Parked Domains


Prof Goldman: “Google Sued in Domainer Lawsuit — Vulcan Golf v. Google:
“Domainer litigation is heating up, and this lawsuit may be the most ambitious anti-domainer lawsuit to date. First, it is a putative class action lawsuit. Second, in addition to naming four leading domainer firms, the plaintiffs provocatively go after Google for providing ads to domainer sites. I believe this is the first lawsuit against Google for its domainer relationships.
The complaint itself is a 121 page, 638 paragraph (with one paragraph enumerating 47 defined terms), 4.3MB behemoth alleging trademark infringement and dilution, ACPA violations, RICO and other claims.”



26
Jun/07

Carrefour Fined For False Advertising


AFP: “Carrefour Stung With Fine For False Advertising” (Carrefour is the world’s second largest retailer, after Wal-Mart).



25
Jun/07

BongHits 4 Jesus


Balkinization on the BongHits 4 Jesus decision:
“Roberts’ opinion creates a new rule allowing schools to ban student advocacy of illegal drug use– but this rule would apparently not extend to student advocacy of changing the drug laws. (Which raises the obvious question: How can we tell whether “Bong Hits 4 Jesus” is advocacy of illegality, political advocacy of drug liberalization, or just a joke?”



25
Jun/07

Men Posing As Women Held To Be Not So Original


NY Lawyer: “Wayans Brothers Win “White Chicks” Suit” (Wayams prevails in copyright suit).



25
Jun/07

"The Human Touch That May Loosen Google's Grip"


NY Times: “The Human Touch That May Loosen Google’s Grip” (describing alternative search engines).



21
Jun/07

"Kitchen Nightmares" Just A Bad Dream?


Celebrity chef Gordon Ramsay has been sued by a former restaurant manager, alleging that Ramsay falsified scenes for a Fox reality show, “Kitchen Nightmares.” Coverage here. Email me for a copy of the complaint.



21
Jun/07

Static v Dynamic Branding


google logo variants.jpg
Johnson Banks: “All Change” (On ‘dynamic’ that is to say multiple brand identities):
“The age of the static brand is coming to an end. Organisations, companies, institutions, even charities are realizing that having identity schemes that ‘flex’ and adapt to circumstances are more appropriate in the multi-channel, multi-lingual world that brands now inhabit.”
Discussion of scope of protection for ‘dynamic’ brand here.



20
Jun/07

Rain v. Rain


Current Trends in CTE: Rain, Rain Go Away (Beatles tribute band named RAIN sues Korean pop singer named Rain).