30
May/08

Yahoo! v Lottery Hoax Spammers


Yahoo goes after lottery hoax email spammers. Coverager here.

Read this doc on Scribd: cplt yhoo lottery hoax


30
May/08

UNKER'S Medicated Salve v UNKER'S Medicated Salve


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Patrick Henry, Dinah Henry and the United Israel Church v. Pro 10 Originals and Gerald Doerr, 08 CV 138 (D Wyoming May 28 2008), over use of UNKER’S for medicated salves:

Read this doc on Scribd: complaint unkers wyoming


30
May/08

"Conversational Terrorism: How NOT to Talk!"


Vandruff.com: Conversatonal Terrorism: How NOT to Talk!:

All of the techniques listed in this document have actually been witnessed, told to us by someone else, or dreamed up. They are described in first person for clarity of motive.
The intent of detailing and naming these insidious tactics is so that the reader may AVOID USING THEM, to quickly recognize if someone else is using them, and for fun. There is much humor in the way people (consciously or unconsciously) conversationally cheat.



29
May/08

OK, I've Enabled Comments


I’ve installed the Disqus system which I hope will solve some of my previous objections to running comments.
Terms of service: you retain copyright of your comments, you grant me a license to utilize your comments as comments on this blog, I can delete any or all of your comment in my sole discretion, all sales final.



29
May/08

2d Circuit: Topps v Cadbury


Topps contracted with an Argentinian company to provide Bazooka gum in various South American markets. The Argentinian company licensed and the trademark and had access to ‘technology’ (no doubt relating to how to fold a small comic strip around a brick-like piece of gum). The contract terminated and the Argentinian continued use of both the trademark and the technology. 2d Circuit: not ripe for summary judgment. Background: my reaction to this fact pattern two years ago was ‘hmmm.’

Read this doc on Scribd: decision 2d circuit topps v cadbury


29
May/08

NY Area Law Students: Send Me Your Resumes


I need law students to help me part-time. Send your resume to marty (at symbol) schwimmerlegal (dot com). And college students looking for summer work should contact me to. I doubt many college students read this blog so if you know any, pass this along to them.



28
May/08

Dispute Over A Purplish Red


Engadget: DT loses suit over the color magenta. Background here. HT Jay.



28
May/08

Interesting Take On Implied Naked Licensing


hershey muffin pan.jpg
Some see only a muffin tray intended for non-commercial home use. Some see ‘an affirmative brand-building device.



28
May/08

SEXY HAIR vs SO SEXY


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Dateline: Milan, New York and Japan:
AmLaw Daily: “Can Victoria’s Secret Trademark “So Sexy”?“:

The word “sexy” is at the center of a trademark battle between lingerie giant Victoria’s Secret and a California company claiming it used the adjective first to describe a line of hair care products. At issue is whether Victoria’s Secret’s “So Sexy” hair products line confuses the market, given another line of hair care products from California-based Sexy Hair Concepts.



28
May/08

MLB Players vs. Steiner Sports


Steiner Sports operates the Last Licks chain of ice cream/sports memorabilia stores, where I take my kids after baseball or soccer unless it’s just before dinner. Steiner licensed the MLB Players Choice mark and associated ‘Players Rights’ that cover use of the rights of publicity of three or more active Major Leage Baseball players on one product. The license term expired and Steiner allegedly continued use. MLB Players have now sued in the Southern District of NY.

Read this doc on Scribd: complaint mlb players v steiner