Certain acts become torts only when committed by a certain class of people with a certain intent. Anyone, it seems, can make a fun of a trademark – but competitors can’t. The Muppets can make fun of SPAM by naming a wild boar character Spa’am. MTD, purveyor of Yard-Man Lawnmowers, however, cannot
2002
BLACK PANTHER PARTY v. NEW BLACK PANTHERS
The successor-in-interest to the BLACK PANTHER PARTY, the 60’s activitst group, is threatening legal action against an organization calling itself THE NEW BLACK PANTHERS.
Anonymous Domain Name Registration
UDRPLaw article on Go Daddy’s Domain By Proxy service, which allows the domain name registrant to keep his, her or its identity secret. Great for limiting spam, that much harder to police the web.
The inability to easily reconcile the domain name registrant’s privacy concerns with the public policy interest against anonymity in commerce…
Will Jeb Bush Sign Up For INTA?
Allegedly, Florida Gov. Jeb Bush wrote a letter to the Commissioner of the PTO arguing the case of constituent and donor, Bacardi, in the HAVANA CLUB matter. I feel that even if he has better connections, I have more relevant experience, and you should still consider me for your trademark representation. And I can certainly bring…
Disney and the Blustery Day
Via Tuffy Stone, this article on the Disney Winnie the Pooh litigation, suggests that there are scenarios under which Disney loses its rights to Pooh. Additionally, Disney apparently destroyed documents it was ordered to preserve (and was sanctioned). More here.
You, or Some Other Anonymous, on Domain Name Speculation
Register.com, ICANN registrar, is closing its domain name re-seller Afternic, after paying $48 million for it two years ago. In the ICANN Watch post-mortem, a post signed by Anonymous argued that there is a place in the world for people who register domain names for $9, and then warehouse them:
“The domain name system
…
Trademark Ramifications of Spoofing, Continued
This is reportedly an email from Hilary Rosen of the RIAA to executives at Yahoo, Real Networks, AOL, and Universal Studios. It asks their assistance in combatting piracy on P2P networks. Ms. Rosen indicates that new legitimate subscription offerings are imminent (that’s good news). One paragraph caught my attention:
“We need to discuss:
1. Spoofing…
There Should Be Some Kind Of An Appellate Review He Said For the Umpteenth Time
Registrant obtained the domain name JUSTDOIT.NET and re-directed it to its own website. Nike brought a UDRP. Two of the three panelists held that Nike didn’t make its case.
In my view the error of the majority is that while it concedes that complainant showed it has a strong unique mark and …
PEEBLE BEACH GOLF v. PEEBLE BEACH SCOTCH
Peeble Beach golf course fails to stop PEEBLE BEACH single malt whiskey, in Scotland. Possibly different outcome when they attempt to import into the U.S. Via herald.co.uk.
Robin Williams has a really funny bit about the invention of golf. If I were to provide the link which I found using Google, I might be…
PUREBRED v. NATURE'S RECIPE PUREBRED FORMULA
Purebred Co., a small high-end pet food company, won a $2.9 million verdict against Heinz, on the grounds that Heinz’ NATURE’S RECIPE PUREBRED FORMULA infringed its PUREBRED mark. $1.5m in lost income, $1.4 in punitives. Via Insidedenver.com.