31
Jan/08

Remington v Remington


remington bronco.jpg
Frederic Remington was an American artist who created, among other works, sculptures of ‘bronco busters.’ The Frederic Remington Art Museum describes its mission as:

“to collect, exhibit, preserve and interpret the art and archives of Frederic Sackrder Remington, the renowned American artist. The Frederic Remington Ar Museum houses a comprehensive collection of original Frederic Remington bronze sculptures, paintings, and sketches as well as a broad array of the artist’s personal effects and correspondence. “

The Frederic Remington Trust 1861 is alleged to be a foreign trust located in Mexico. It obtained U.S. registrations for FREDERIC REMINGTON for various goods. It enforces those trademark rights against what the Museum alleges would be otherwise lawful sales of Remington sculpture replicas. It also holds itself out as the Frederic Remington Art Museum Foundation on its website. The Museum has now sued the Trust.
Frederic Remington Art Museum and Frederic Remington Art Museum Foundation v. Gregory Dean Shideler, Frederic Remington Trust 1861, LLC, Myong Hwa Lim and Sang H. Yoo, Case Number: 7:2008cv00109 (ND NY January 29, 2008) (Complaint upon request).
An interesting TTAB decision on the use of an artist’s name as a generic term that one may fairly use to describe the work of that artist, as opposed to its use as a trademark is Michael Sachs v. Cordon Art, BV, opp 95655 (TTAB July 2000).



30
Jan/08

"The Legal Tangle Of Competitive Keyword Advertising"


DM News: “The Legal Tangle of Competitive Keyword Advertising“:



30
Jan/08

"ICANN Board Recommends Action on Domain Tasting"


ICANN: ICANN Board Recommends Action on Domain Tasting:

The Internet Corporation for Assigned Names and Numbers is looking to effectively end domain tasting with a proposal to start charging the annual ICANN fee on registrar domain registrations.
Domain tasting is the use of the Add Grace Period to test the profitability of a domain name registration. The AGP is a five-day period following the initial registration of a domain name when the registration may be deleted and a credit can be issued to a registrar.
“Domain tasting has been an issue for the Internet community and ICANN is offering this proposal as a way to stop tasting,” said Dr Paul Twomey, ICANN’s President and CEO. “Charging the ICANN fee as soon as a domain name is registered would close the loophole used by tasters to test a domain name’s profitability for free.”



29
Jan/08

Using Proxies To Slander A Sandwich?



NY Times: “Can A Sandwich Be Slandered?

Quiznos, the toasted-sandwich chain, [invited] the public to submit homemade commercials in a contest intended to attack a top rival, Subway. The contest rules made it clear that the videos should depict Quiznos sandwiches as “superior” to Subway’s.
Subway promptly sued Quiznos and iFilm, the Web site owned by Viacom that ran the contest, saying that many of the homemade videos made false claims and depicted its brand in a derogatory way.

My Moses & Singer colleague and America’s sweetheart advertising lawyer, Myka Todman, observes:
“Consumer generated content such as this blurs the distinction between commercial content created by advertisers and non-commercial content created by consumers and posted, for example, on blogs.
Because claims made by an advertiser must be substantiated, may not false or misleading and must comply with various state and federal laws, inviting consumers to create content or ads (like those at issue here) presents a host of problems when the content infringes a competitor’s trademark, contains product claims, defamatory statements, etc.
Should Section 230 immunity apply in a situation such as this? How uninvolved was Quiznos really? They requested the content, set forth the guidelines, paid the creator and ran the ad. As Bill Blackburn (creator of the ad in question and an advertiser himself) said in the article, it was clear what Quiznos wanted – he simply delivered the commercial that Quiznos couldn’t.”



29
Jan/08

Trump Sued For $1 Billion Over Trademark Dispute In Vegas


Nights at Vegas is a property management company that will rent out condos on behalf of their owners. Among the condos it promotes are those in Trump properties in Vegas. Trump (which also markets condos on behalf of owners) sent a demand letter, alleging that NAV had misused the TRUMP trademark (and made false statements in connection with marketing the condos). NAV has sued, requesting a declaratory judgment that its use of the TRUMP mark in non-infringing, and alleging that Trump has engaged in monopolistic practices in the marketing of these condos.
Nights at Vegas v Trump et. al., 2:2008cv00122 (D Nevada Jan 26, 2008) (complaint upon request).



28
Jan/08

The Trademark Blog Is A "Top Little-Known Technology Web Site"


We made Information Week’s list of the “Top 60 Little-Known Technology Web Sites.” They ate:

If branding and trademarks are something you care about, Martin Schwimmer’s Trademark Blog is an authoritative and fun read. Schwimmer is a lawyer specializing in trademark, copyright, and domain name law, and while not everything he writes about is technology-related, much of it is. Schwimmer’s prolific at linking to trademark-related articles elsewhere on the Web. So this is a good one-stop site for staying up to date on trademark issues.

Better little-known than completely unknown. Woot woot!



28
Jan/08

The Blind Trashing The Blind


mass effect.jpg
NY Times: Author Faults a Game, and Gamers Flame Back:
What happens when the audience can talk back.
An Expert On Such Things opined on Fox News about the video game Mass Effect. She criticized the sexual content of the game and said:

“Here’s how they’re seeing women: They’re seeing them as these objects of desire, as these, you know, hot bodies. They don’t show women as being valued for anything other than their sexuality. And it’s a man in this game deciding how many women he wants to be with.”

The Expert later acknowledged that she had not actually played the game.
Fans of the game objected to this and several factual errors about the game. They went to Amazon and wrote user comments about the Expert’s book. Many comment authors acknowledged that they had not read the book.
Amazon has announced that it will take down user comments by those who had not read the book.
The Expert has now seen the game played and has retracted her comments.
EA, publisher of Mass Effect, has requested an apology from Fox News.
The Babes of Fox News website.



28
Jan/08

Eyealike Anti-copyright Infringement Tool


Via TechCrunch, a mention of EYEALIKE:

” . . . a proprietary, patent-pending, visual search platform that is valuable for companies who need to effectively index, filter, manage and monetize large image collections. Eyealike functionality is targeted towards companies that have rich image based content. Our visual search solutions can be white-labeled to fit specific consumer product needs allowing the end user to improve their search results through the use of image searching.”



26
Jan/08

"Write An Original Album In February Just Because You Can"


Slashdot: “Recording Music Without The Recording Industry

The 2008 RPM Challenge — to write and record an original album in February, just because you can — is about to begin. Hundreds of musicians from around the world have already signed up. Last year, more than 850 albums were recorded as part of the challenge, a testament to what can be done by independent musicians without a label, without the RIAA, and often without a professional studio.



26
Jan/08

"Gola Kicks Globe Into Touch:


IPKat: “Gola Kicks Globe Into Touch“:
J

acobson acquired the GOLA footwear brand and its associated intellectual property rights way back in 1996. Globe sold and imported footwear into the United Kingdom, including shoes known as ‘Globe Finale’, ‘Globe Wedge’ and ‘Globe Motto’. Globe’s shoes featured a stripe design on the sides known as the ‘Globe side design’ and the word ‘globe’. Jacobson sued for infringement of its UK and Community registered trade marks (above, left and right) for its ‘Wing Flash’ logo in respect of Globe’s markings on its trainers (illustrated below, right). Jacobson also alleged that Globe was passing its footwear off as its own, seeking an injunction and the destruction of the offending products. Globe counterclaimed for a declaration that Jacobson registered trade marks were invalid.