29
Feb/12

Navajo Nation v Urban Outfitters re NAVAJO


Turns out NAVAJO is a registered trademark. Also, there is a Indian Arts and Crafts Act. Also, the Navajo Hipster Panty and Navajo Flask were possibly not the best ideas.

Complaint Navajo Nation Uod



27
Feb/12

Why Did They Feature A Character Wearing Briefs, Cowboy Boots, and a Cowboy Hat, Singing and Playing a Guitar?


Also, someone wearing briefs is not naked.

Decision Naked Cowboy



27
Feb/12

Idle Thoughts Re 43(a) and News Reporting


Without speaking to whether this allegation that a news channel edited footage to replace boos with cheers is accurate or not, the thought occurs: while there are libel and defamation laws to protect individuals certain statements, under what circumstances is there a private right of action with regard to the dissemination of deliberately falsified news reporting? Competitors can sue with regard to adulterated orange juice; what about adulterated news?



24
Feb/12

DMCA Flowchart


DMCA Process Infographic
Infographic created by Nexcess, a provider of Magento hosting and WordPress hosting services



24
Feb/12

A Nation of Artisans


NY Times: Don’t Mock the Artisanal-Pickle Makers:

It’s tempting to look at craft businesses as simply a rejection of modern industrial capitalism. But the craft approach is actually something new — a happy refinement of the excesses of our industrial era plus a return to the vision laid out by capitalism’s godfather, Adam Smith. One of his central insights in “The Wealth of Nations” is the importance of specialization. When everyone does everything — sews their own clothes, harvests their own crops, bakes their own bread — each act becomes inefficient, because generalists are rarely as quick or able as specialists.



23
Feb/12

I'm Supposed to Be On CNN Tonight At 6:15 EST To Discuss LINSANITY


What should I say? Let’s hope there’s no Kardashian-related news to bump me.



23
Feb/12

The LINSANITY Saga Goes Global and NBA Wrap-Up


 

We’re up to seven US trademark applications for LINSANITY.  Two of them are used-based (!!) claiming Feb 7 as a date of first use (specimen depicted above).  Jeremy Lin’s application has been assigned to an examiner after four days, suggesting that perhaps he availed himself of the “Make Special” petition, or as the PTO ought to refer to it, the Fast Break.

Lin’s first twenty-plus game was Feb 4.  He then scored 28 against Utah on February 6.  I would say that the first wave of Linsanity hit New York the morning of Feb 7.

However, a google of “Who coined Linsanity” reveals that a friend of Lin registered the domain name Linsanity.com on July 17, 2010.  On that site we also learn that Spike Lee wore Jeremy Lin’s Palo Alto High School jersey to the Feb 17 game.

I will throw in a self-promoting reference here to a discussion of terms that are coined by fans () which may or may not be the case here.

In international developments, it is reported that a woman with ‘sharp business acumen’ filed for Jeremy Lin’s name in Chinese characters last year.

Incidentally, I’m really annoyed at Lin because now I’m sucked into believing that the Knicks can get past the first round of the playoffs this year.

In other NBA news, Michael Jordan filed a lawsuit in China regarding mis-use of his name.



22
Feb/12

Capitol Fishing Tackle


From here.



17
Feb/12

You Know Who Needs Expedited Handling of a Trademark Application? Jeremy Lin.


Three trademark applications were filed that include the term BLUE IVY CARTER.  One of those, 85526099, was signed by Beyonce.  That application received an office action after one week.  Did your eyebrows just go up?  OK, TDR doesn’t reflect it, but our guess is that the applicant filed a “Petition to Make Special“:

Use this form to petition to advance initial examination of an application out of its regular order. A petition to make “special” must be accompanied by the petition fee ($100), an explanation of why special action is requested, and a statement of facts that shows that special action is justified. The statement of facts must be supported by an affidavit or declaration under 37 C.F.R. §2.20. The most common reasons for granting petitions to make “special” are the existence of actual or threatened infringement, pending litigation, or the need for a registration as a basis for securing a foreign registration. See TMEP §1710 et seq.

In view of two other BLUE IVY CARTER applications (and, I’m speculating, a lot of infringement), there are special circumstances here.  BTW, the office action refers to Blue Ivy as a famous infant (a category perhaps deserving its own Article in the Paris Convention).

Given that there are two seemingly unauthorized applications for LINSANITY and one for LINSANE, Jeremy Lin should look into this as well.

Now, on to more important matters.



16
Feb/12

Obscure Reference For All You Font Fans


We examined the website of opposing counsel today and apparently that firm is lorem ipsum dolor.