A company named PENG is working on a software product which may or may not be interoperable with AOL. It was using the domain name PENGAOL.ORG before Arent Fox (AOL’s TM Counsel) sent this demand letter. Via Slashdot.org.
2002
Free Name Generator
For those of you who can’t afford name creation firms, this free tool can be re-purposed to serve as a generator of possible trademarks and trading names. Thanks to dack.com. Don’t forget to search the mark you choose for availability
Clarification on THERMOS and What is Distressing
Two readers have questioned a comment I made about Judge Posner’s remark in Ty v. Perryman that THERMOS no longer functions as a trademark. Yes, the word mark THERMOS no longer functions as a trademark for vacuum containers for liquids (which is old news). What I was thinking when I said that the owners of the THERMOS trademark would…
Some of the Oldest Trademarks in the World
Back in April I asked on the INTA ListServ: “What are the oldest trademarks in the world still in use?” Now, the INTA Bulletin (available to members only) is running a two part article on the oldest registered trademarks (slightly different concept).
In Australia, in 1905 a pine tree logo, still in use by…
Made In Japan
People take this “country as brand” thing seriously. See this from the Daily Yomiuri. Countries aren’t brands, they are appellations of origin.
Buy What I Say, Not What I Do
Verisign, which still encourages broad ccTLD filing programs as a form of brand protection, and also offers to renew brand owners’ existing portfolios for them, has not renewed NETSOL.CO.UK. (Verisign purchased and re-named Network Solutions, and still maintains netsol.com). The new owner has a sense of humor. Thanks to Volokh for this.
If you enter…
Take the Points on Ruth Bader Ginsburg
Via Ernie the Attorney, Fantasy Court League. My concern is that organized crime will move in and Justices will start fixing the games.
Proof of Secondary Meaning
Were I to file for TRADEMARK BLOG as a trademark, and if the PTO were to refuse the application under Trademark Act Section 2(e)(1) on the grounds that TRADEMARK BLOG merely describes an ingredient, quality, characteristic, function, feature, purpose or use of the relevant goods/services, then I would proffer a copy of this article from…
Pop-Up Advertising and Free Riding
Another pop-up lawsuit, this time brought by Weight Watchers regarding a competitor’s use of the WhenU online advertising service. Via Newsday.
The pop-up, meta-tag and keyword lawsuits will define the boundary of “contextual” or “Targeted” marketing. The Internet creates amazing opportunities for efficiently reaching a target market. However problems arise when someone seeks to…
In Which It Sounds Like Ashcroft in a Walk
A first-hand account of Eldred via How Appealing.