20
Dec/08

The Return of Societe Comptoir De L'Industrie v Alexander's Dep't Store?


The interest of the consumer here in competitive prices of garments using Dior designs without deception as to origin, is at least as great as the interest of plaintiffs in monopolizing the name.

If we are in fact entering the era of New Frugality, will it affect our trademark jurisprudence? In Societe Comptoir, a 1962 Second Circuit case, Alexander’s Department store sold what today would be refered to as Dior Knock-offs. From the case:

The merchandise was so described in newspaper advertisements, on hang tags attached to the garments reading, ‘Original by Christian Dior– Alexander’s Exclusive– Paris– Adaptation'”

The Court held for Alexander’s, holding that there was no confusion, as it was clearly labeled that this were copies of Dior, and not Dior originals.
I’m not sure I could prove it definitively, but I would venture that over the past ten years, the majority of circuit courts would not hold for defendant on those facts.
But I wonder if an extended economic downturn will make courts more receptive to the viewpoint in the lead-off sentence?



19
Dec/08

"Recording Industry to End Litigation Strategy"?


WSJ.com: “Recording Industry to End Litigation Strategy; Thanks, Judge Davis?

Major news for online music geeks: The recording industry plans to lay down its litigation offensive against music pirates in favor of a more PR-friendly, if not more effective, strategy. Instead of suing thousands of people for stealing tunes via the Internet, it will rely on the cooperation of Internet-service providers



19
Dec/08

I'll Go First. CHANEL.


Wall Street Journal discusses whether its a good idea to maintain a brand after the designer dies.



18
Dec/08

"We Just Link To Videos! Wont' Stave Off MPAA Lawyers"


ArsTechnica: “We Just Link To Videos! won’t stave off MPAA Lawyers”:

But the key question is whether sites like Campusist are engaged in that piracy, or whether the fact that they simply link to other sites grants them immunity. This latter argument is the one routinely advanced by The Pirate Bay and other torrent trackers. But, when every link on a site leads to an infringing copy of a film, does the “Hey, I’m just linking to some stuff!” argument still carry weight?
The MPAA doesn’t think so, and yesterday it filed suits against three websites: Campusist, Movies-on-demand.tv, and Sswarez.com. The move is part of MPAA’s continuing legal campaign to target distribution sites, and the film business has yet to engage in the sort of widespread suing of individuals that has characterized the music industry’s approach.



18
Dec/08

Complaint re Trade Dress in Denim Jeans


Unfortunately the exhibits to this complaint by Do Denim against Fried Denim are not legible.
Complaint Do Denim Trade Dress



18
Dec/08

This Cheered Me Up Today


In the context of mostly depressing world news, I was encouraged to know that smart people are making progress towards solving important problems.
wave power.jpg



17
Dec/08

Barbie v. Bratz


CNN: “Barbie v Bratz Battle Rages On To The End“:

Nine-year-old Ashley Gibbs of Cumming, Georgia, is a fan of the edgy dolls, so it came as an unpleasant surprise that they would soon leave store shelves.
“Ever, ever, ever?” she asked her mother, Kathryn Adams, after Adams said stores weren’t going to sell Bratz after the end of this year.
But after a moment of reflection, Ashley seemed relieved. “Good [thing] I have lots.”
Ashley didn’t know it, but Bratz are the target of allegations that their creator came up with the concept when he was working for Mattel, the maker of Bratz rival Barbie.



17
Dec/08

Everything Must Go


From today’s Wall Street Journal’s corrections:

The name of home furnishings retailer BED BATH & BEYOND was misspelled as BED BETH & BEYOND in a Marketplace article Friday on retail liquidations.



16
Dec/08

Who Is The Real BLACK SABBATH?


Tony Iommo, co-founder and lead guitarist of BLACK SABBATH, sues Live Nation of use of BLACK SABBATH name.
If you search the term “BAND NAMES TRADEMARKS” you will find many articles of unknown quality as to how to protect band names. I’ll tell you this: unincorporated partnerships can be ugly things to unwind.
Complaint Black Sabbath



16
Dec/08

Does This Sort Of Thing Happen Outside of France?


French First Lady Carla Bruni-Sarkozy Sues Bag Makers PARDON Over Nude Image”