Trademark Reporter: US Annual Review: The 64th Year of Administration of the US TM (Lanham) Act by Ted Davis and John Welch.
February 2012
You Can’t Say They Stole
From a patent case:
Defendants move to prevent [plaintiff] from using pejorative terms or phrases at trial. Specifically, Defendants contend that [plaintiff] is likely to repeat allegations that she has made in the press that [defendants] “stole” her bra. Courts may prohibit the use of pejorative terms under FRE 403 “when such categorizations [are] inflammatory
…
Stereophonic Sound
From here.
AP v Meltwater re Copyright and ‘Hot News’ Misappropriation
From Meltwater News’ website:
Meltwater News is more than a traditional media monitoring service, combining the industry’s broadest search capabilities, exclusive analytical tools and a consultative relationship with its clients, Meltwater News delivers the business critical information that executives in organizations worldwide require to gain, and maintain, their competitive edge.
With Meltwater News’ expansive international
…
Nude Descending A Window Washing Platform: 9th Circuit Trade Dress Decision
Plaintiff claims trade dress in its traction hoist (used for things like moving window washing platforms). The trade dress claim was in:
1) a cube-shaped gear box with horizontal fins;
2) a cylindrical motor mounted in an off-set position on the cube and partially overhanging the edge of the cube:
3) the cylindrical motor including…
At The McCarthy Symposium We Discussed The Elephant In The Room
Brands One Can See In A Deli In Mt Kisco, NY
Sweetheart, Our Computer Was Used To Swarm ‘My Little Panties 2’ But It’s Not What You Think
Digital Sin distributes NSFW content, such as the postmodernist classic ‘My Little Panties 2.’ Torrent users allegedly swarm plaintiff’s films, that is to say many users each host a piece of a large file, such as a movie, and together, make up a swarm that users access to view the movie. Plaintiff seeks expedited discovery…
Seminole Tribe v Micki Free and American Horse re NATIVE MUSIC ROCKS
The Seminole Tribe of Florida owns the trademark NATIVE MUSIC ROCKS, It runs programs such as the Seminole Star Search. It contracted with defendant in connection with the administration of its marks and prgrams.
Native Music Rocks(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “http://www.scribd.com/javascripts/embed_code/inject.js”; var s =…
The Super Bowl Is The Official Professional Football Championship of The Trademark Blog
And The Big Game is the official trademark euphemism. Trademark Blog archives on Super Bowl posts here (recursion warning – this post will appear as the first result). Personally, I’m a Jets fan, and my dislike of the Patriots is stronger than my indifference to the Giants. Therefore, go Giants.