August 2011

Harvard Lampoon (which spawned such luminaries as John Updike, George Plimpton, Conan O’Brien and Michael Gordon), has incontestable registrations for LAMPOON, one with a first use date of 1876. However, its registrations were all obtained after registrant’s creation date of LAMPOON.COM of 1998. Also, the Harvard Lampoon shares the register with the NATIONAL LAMPOON, also

First read this UDRP in which Elite Investment Portfolio prevails by default over EliteFTS.com. Note in particular complainant’s allegations regarding respondent’s website.

Now read this complaint, brought by EliteFTS, after the appeal period for the UDRP has run. Note in particular paragraphs 27 on, in which EliteFTS alleges that all notice of the UDRP was

Plaintiff alleges ownership of FANTASIES family, including incontestable registrations for BODY FANTASIES and WHITE MUSK FANTASIES and a registration for SEXIEST FANTASIES, for class 3 goods.  Victoria Secrets filed for and began use of VS FANTASIES for class 3 and 25 goods.

Complaint Fantasies v vs Fantasies(function() { var scribd = document.createElement(“script”); scribd.type

There were two primary arguments against single color marks – the first was ‘color depletion theory’ and the other was ‘shade confusion theory: The gist of the color depletion theory was that there were only so many colors so taking even one out of circulation disadvantaged competitors. The shade confusion theory went to the