"Fender Loses Guitar 'Copyright' (sic) Case"
Music Radar: Fender Loses Guitar Copyright (sic) Case:
Guitar makers Fender have lost an application to make its Stratocaster, Telecaster and Precision guitar body shapes a trademark in the USA.
April 03, 2009
December 05, 2008
Configuration of Tree Design 'FRESHNER' Suit
Owner of product configuration registrations in tree shape for FRESHNER air freshener sues over use of tree-shaped odor-killers. Coverage here.
UPDATE: Apparent the FRESHNER people sued Old Navy previously.
Publish at Scribd or explore others:
December 01, 2008
5th Circuit: University Color Schemes Protectable
5th Circuit rules that universities may claim trademark in color combinations.
Commentary here.
Law.com article on lower court decision last August.
LSU Purple and Gold Shop here.
Publish at Scribd or explore others:
November 21, 2008
Chooclate Bunny Suit
Bloomberg: "Lindt Defends Chocolate Bunny Rights in Eurpose at Top EU Court":
Lindt & Spruengli AG's European trademark rights on a chocolate Easter bunny wrapped in gold foil were gained ``honestly and fairly'' and it should be able to block copies, Lindt told the European Union's highest court.
May 28, 2008
Dispute Over A Purplish Red
Engadget: DT loses suit over the color magenta. Background here. HT Jay.
September 17, 2007
The Scent Of A Hotel
NY Times: Eau de Hotel
Luxist: Will A Scent Make You Choose A Hotel?
LA Times: Sniff. Say, 'Ahh' or 'Achoo!'
NY Times: Scent Machines in Hotel Rooms
September 16, 2007
Purple Found To Be Functional for Sandpaper
TTABlog: "TTAB Finds the Color Purple to be Functional for Sandpaper":
"Opposer Saint-Gobain claimed functionality because "purple is a by-product of the manufacturing process, and purple is used in color-coding." . . . The Board, however, found that "with respect to competitive need ... opposer has set out a prima facie case that coated abrasive manufacturers have to be able to use various shades of purple, including applicant's."
. . .
As to color coding, the Board was not convinced that third parties would necessarily have to use purple, but it did find that "[i]n the field of coated abrasives, color serves a myriad of functions, including color coding, and the need to color code lends support for the basic finding that color, including purple, is functional in the field of coated abrasives having paper or cloth backing."
The Board further observed that "[a] deep purple color would be one of a small number of dark colors that would help manufacturers dye their products to avoid streaking or other imperfections."
September 15, 2007
"Nokia Trademarks Classic Guitar Score"
LAw.com Blog: Nokia Trademarks Classic Guitar Score
August 15, 2007
Protection For Octagon-Shaped Fighting Mat
WSJ Law Blog: "Octagon: The Trademark of Ultimate fighting Championship."
". . . Another mixed martial arts promoter has infringed upon UFC’s trademark of the octagon — the same eight-sided shape that tells drivers to STOP on the road — according to a ruling late last month by a federal judge in California. That’s right: UFC’s owner received a trademark on the octagon-shaped fighting mat back in 1998, and the court ruled UFC established common law rights on the eight-sided fence as well.
July 11, 2007
What TV Show Do You Want To Live In?
This guy built the bridge of the star ship Voyager in his apartment and sold it. 43(B)log comments on the possible TM and (c) aspects.
April 02, 2007
Smell-o-vision Replaces Television
IHT: " Joint Promotion Adds Stickers To Sweet Smell Of Marketing":
"Guests at Omni luxury hotels will find small scented stickers on the front pages of their free copies of USA Today. A blackberry aroma will suggest that the guests start the day at their hotels with a cup of Starbucks coffee "paired with a fresh muffin." The promotion, to be tested for at least six months, is being sponsored by Omni Hotels and Starbucks Coffee."
Scent is theoretically protectable as a trademark. In the U.S. Registration no. 1639128 was granted for "a high impact fresh floral fragrance reminiscent of plumeria blossoms', for sewing threads (the registration has since been abandoned).
Prior discussion of protection of scent here.
July 13, 2006
Exclusively Blue
Textile World reports that Linq Industrial Fabrics has registered the color blue. Reg. no. 3097115 covers: synthetic resinous fabrics for use in the manufacturer of bulk container in the nature of bags and wraps for industrial use."
The description of the mark (pictured above) in the registration is:
"The color blue is claimed as a feature of the mark. The color blue appears throughout the mark as it is a part of the goods. The mark consists of the color blue as applied to the goods themselves. The broken lining in the drawing serves to show the position of the mark on the fabric goods and is not a part of the mark itself."
The mark as applied to the goods looks like this:
June 27, 2006
Five Sensational Types Of Trademarks?
We discussed 'taste' trademarks last week here.
Counterfeit Chic discusses the protection of scent, today.
'Sight' trademarks comprise 99.99% of all trademarks (my estimate).
Sound trademarks occur every so often (Intel's 'bah buh bo bah', MGM's lion roar, Tarzan's yell, various jingles).
What about touch? Can a distinctive texture designate origin? (the feel of cotton?) (ultra suede - more like suede than suede itself?) I'm aware of one tactile mark - a German trademark registration for the word UNDERBERG in braille (courtesy the Non-traditional Trademark Archives).
JWelch emails me to suggest that a jar with a fuzzy label should be registrable ("reach for the fuzzy jar").
May 18, 2006
You've Smelled The Rest, Now Smell The Best
Another excuse to run the picture of the 'You've Tried The Rest, Now Try The Best' pizza chef. Does anyone know the history of this graphic?
Via IPKat, a Lithuaian company claims that it has secondary meaning in the smell of pizza.
April 03, 2006
Protecting The Lego Brick
Shape Blog: LEGO 101: protection, disputes, litigation.
March 20, 2006
How Do You Protect The LIVESTRONG Bracelet?
Discussion on Shape Blog here.
March 06, 2006
Announcing SHAPE BLOG
We are proud to announce the start of SHAPE BLOG, a joint venture of the IP law blogs ReThink (IP), the TTABlog, and the Trademark Blog.
The Shape Blog has two subjects.
The first subject is an 'inter-disciplinary' analysis of the protection of design and three-dimensional objects. Practitioners experienced in trademark, trade dress, copyright and patent law will provide news and commentary on the legal treatment of design and any object that incorporates design.
The second subject will be 'personal fabrication.' The creation of Shape Blog was inspired by the book 'Fab' by Professor Neal Gershenfeld To over-simplify:-just as the dropping prices and widespread dissemination of computing power led to the personal computing revolution, dropping prices and dissemination of CAD/CAM techniques will lead to a personal fabrication revolution, where the average home will have the ability to 'fabricate' exact replicas of three-dimensional objects (replacement parts, artworks, furniture) according to software instructions, perhaps downloaded from the Internet.
We will therefore be tracking not only advances in IP protection but advances in the technologies that may lead to a personal fabrication industry (such as desktop prototyping).
In short, we will be discussing the opportunities and dangers that arise for design when you can email an Eames Chair.
October 27, 2005
EC's CFI Turns Up Nose At Smell Trademark
Odor trademark stinks? Application for trademark consisting in part of 'the smell of strawberry' rejected by Court of First Instance of the EC, on grounds that the smell can't be graphically represented (Eden v. OHIM). OHIM smells a rat? Smell trademark application makes no scents?