The Trademark Blog

Brands One Can See In A Deli In Mt Kisco, NY

Marty Schwimmer — Wed, 08 Feb 2012 20:04:54 +0000

Sweetheart, Our Computer Was Used To Swarm ‘My Little Panties 2′ But It’s Not What You Think

Marty Schwimmer — Wed, 08 Feb 2012 19:09:40 +0000

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 to identify the numerous individual Torrent users who make up the swarm. The entire order is an interesting; pages 5 and 6 identify some ways in which identification of John Does may be inaccurate (like if your neighbor shares an IP address with you).

Expedited Discovery Digital Sin

Seminole Tribe v Micki Free and American Horse re NATIVE MUSIC ROCKS

Marty Schwimmer — Tue, 07 Feb 2012 15:48:27 +0000

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

The Super Bowl Is The Official Professional Football Championship of The Trademark Blog

Marty Schwimmer — Fri, 03 Feb 2012 20:10:33 +0000

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.

Readily Portable Burrito

Marty Schwimmer — Fri, 03 Feb 2012 00:30:25 +0000

Patent 4,399,156. Readily portable burrito.

Does This Person Have Any Idea How Annoying She Is To Trademark Lawyers?

Marty Schwimmer — Thu, 02 Feb 2012 19:44:52 +0000

She may be perfectly pleasant in real life but I associate her with ‘the name is taken and the registrant is going to ask for too much money.’ (For the uninitiated, this is the clip art on one of the big domainer’s page o’links holding page.

Update: we have now been informed that she is known as ‘Backpack Girl’ in domainer circles, and that she is someone’s sister.

From The Instantiation Files: Twitter on Boundaries

Marty Schwimmer — Tue, 31 Jan 2012 16:23:08 +0000

Twittier CEO Dick Costolo interviewed on Twitter’s policy on ‘local blocking.’ Discussion begins at 1:57.
p.s. ‘Instantiation’ is the representation of abstraction with concrete ‘instances.’ such as Twitter representing the abstract idea of national boundaries with concrete filtering. Thanks to Prof Eric for the five dollar word.

Corn Dogs With Your Catalog of US Trademark Registrations? – Leason Ellis Sues a “Trademark Listing” Service For False Advertising

Marty Schwimmer — Mon, 30 Jan 2012 18:11:35 +0000

The websites of the US PTO, OHIM, WIPO and many national trademark offices all have variations of warnings such as this appearing on the UK website:

“We would like to warn customers about a business practice that is on the increase. This practice has caused concern to many of our customers.

A number of companies are sending unsolicited mail to applicants for, and owners of, intellectual property rights eg trade marks, patents and designs. These invite the recipient to sign and return a document and pay a fee for a particular service.

Many of our customers have told us that they thought the mails came from an official source and thought they had to use, and pay for, the services offered. Examples of the types of services being offered are described below. You should be aware that these companies are not linked to any Government or Community Institution and there is no obligation to pay the fee.”

We include a similar warning in correspondence to our clients. Nevertheless, clients ask whether they must pay such solicitations.

Our firm received a registration for the LEASON ELLIS and ‘apple tree of inspiration’ design, and received a solicitation from U.S. TRADEMARK ENTERPRISES of Florida to pay a fee to be included a ‘catalog’ of trademark registrations. The front of the ‘communication’ implies that publication in the catalog will assist in trademark protection. The terms of service buried in their website disclaims that.

Our firm has now sued U.S. TRADEMARK ENTERPRISES, alleging federal false advertising and state unfair competition torts. We view the disclaimer in the terms as an admission that the defendant is aware that the services don’t achieve the advertised purpose of the offering (in this case, maintaining trademark rights). That is a tort in NY State.

It is unclear whether these ‘catalogs’ of trademark registrations were ever in fact distributed. The website alleges that these catalogs are to be distributed at fairs (like state fairs? With corn dogs?)

We look forward to hearing from any one who has had dealings with these ‘registries.’

LE v US Trademarks

Coke Ad

Marty Schwimmer — Mon, 30 Jan 2012 13:26:56 +0000

From here.

Outline of CIPLA Talk

Marty Schwimmer — Wed, 25 Jan 2012 20:54:52 +0000

Issues re Non-US Online Infringement

Litigation

Domain Name In Rem:

Decker v 2011cheapuggs.com, (ED Va Jan 6, 2012) Order.

Non-ACPA ‘in rem’

Chanel v Doe (eukuk.com), 11-cv-01508-KJD-PAL (D Nev) (Chanel moves to obtain 400 domain names; moves that Google ‘de-index’)(copy of preliminary injunction – note para 6 and 7)

True Religion v Xiaokang, (SDNY) (copy of TRO)

Philip Morris v Jiang, 11-cv-24049 (SD Fla)

INDIRECT

Litigation

Tiffany v eBay

Akanoc

Frontline

Legislation

SOPA

ACTA – (links and text here)

Notice and Takedown