11
Aug/17

Be Careful: EUIPO’s Authorized TMView Search Tool Is At TMDN.ORG, Do Not Be Misled


TMView is a handy multi-country online trademark search tool provided by the good people at EUIPO, who, among other things, administer the European Community Trademark.

TMView is found at “tmdn.org”. If you search ‘TMView’, you will receive a result which may look like this:

tmdn dot org

HOWEVER, you may also receive an additional search result that looks like this:

tmview dot com

If you click on that link you will be directed to a site at “tmview dot com” which will resemble Euipo’s TMView site. If you look carefully, you will see that it is not the real TMView site(for example, when I visited today, the news clippings are from 2015).

If you perform a trademark search on this page, you will not receive search results, but rather you will be directed to the official TMView search page. Most people will likely assume that there was some glitch, and start again.

I do not know precisely what occurs to search terms on the page.
However, based on similar pages in the past, I will speculate that what might be happening is that the site is saving and harvesting these search terms. If someone wanted to search a possible trademark such as [EXAMPLE] on TMView, they may not have yet used that term or filed a trademark application. The act of searching that term may be of interest to a domainer, who might be tempted to file for [EXAMPLE] in important TLDs.

The registrant of is ‘Institute of Advanced Networking Technologies’ to whom it was transferred by Michael Gleissner in 2015. The admin email addresses for both Mr. Gleissner and the present registrant, are hosted at bigfoot.com. Mr. Gleissner is the founder of Bigfoot Enterprises, according to this interesting WIPR article.

H/T John Berryhill.



1
Aug/17

Text of Complaint in Rod Wheeler v Fox News re Seth Rich Murder


Remember – these are allegations.

Background here



12
Jul/17

DJ Action: HIPPIE LAUNDRY v DIRTY LAUNDRY, CHINESE LAUNDRY for footwear


hippie laundrychinese laundry

DJ Plaintiff uses HIPPIE LAUNDRY for clothing. DJ Defendant owns CHINESE LAUNDRY and DIRTY LAUNDRY for shoes. Defendant protested Plaintiff’s potential expansion of HIPPIE LAUNDRY into footwear.



11
Jul/17

Recent Trademark Tweets and Re-Tweets




11
Jul/17

SDNY: Solmetex v Dental Recycling – False Advertising, Trade Libel




28
Jun/17

Diageo (BULLEIT) v. W.J. Deutsch (REDEMPTION) re Trade Dress in Old-Timey Bottles of Bourbon


bulliet redeption trade dress

Diageo defines its Bulleit Design Mark and Trade Dress as:

a. Clear canteen-shaped glass bottle with rounded shoulders;
b. Embossed brand name above the label;
c. Arched text in the top line of the embossed brand name;
d. Convex text divider between components of the embossed brand name (e.g. BULLEIT BOURBON speared from FRONTIER WHISKEY);
e. Arrow-shaped text divider on the label;
f. Border of parallel lines on the label; and
g. Cork bottle cap with black top.

Defendant has indicated that its packaging was intended to pay visual homage to pre-Prohibition spirits containers.



15
Jun/17

Trademark Owner Sues WhoisGuard Privacy Service on TM Grounds


Sonneman, seller of lighting products, sues privacy service, NameCheap (provided of WhoisGuard), for protecting site used to sell infringing lighting products.



12
Jun/17

Caraccioli v. Facebook – Defamation + Other Claims Dismissed under CDA Sec 230


Prof Goldman summary of Caraccioli v Facebook here.



11
Jun/17

DoJ’s Motion to Dismiss in CREW v Trump (emoluments)


Department of Justice memo to dismiss in CREW v Trump, 1:17-cv-00458-RA (SDNY). Discussion of emoluments begins on page 26.



6
Jun/17

LUSH VAPOR for e-Liquid Not Confusingly Similar to LUSH for Fragrances


lush eliquid

Fragrances and e-Liquids (flavors for e-cigarette)s too dissimilar.

TTABlog commentary on LUSH VAPOR TTAB Decision.