And what should we look out for in 2003? Write me at marty@schwimmerlegal.com and give me your nominations (don’t say “The decisions in Eldred and Victor’s Little Secret cause I already have those on the list).
2002
The Shape of Trademarks to Come
Justice Jacob of theUK will refer to the ECJ whether the shape of Unilver’s VIENETTA ice cream is a registrable as a trademark. My legal assistant, apparently a fan of the prduct, has offerred to testify on Unilver’s behalf, that she would be able to identify the product’s origin by shape alone.
Here is some…
JGLOW BY J. LO Not Yet A No-Go
Jennifer Lopez’ GLOW BY J.LO scent has apparently survived a preliminary injunction action brought by Glow Industries.
Chicago Cubs Sue Rooftop
The Chicago Cubs are suing “rooftop operators” who charge people to sit on rooftops overlooking the friendly confines of Wrigleys Field. This was the fact pattern in my law school copyright exam. Seriously. The law.com article mentions that there’s a copyright claim which might refer to the fact that the rooftop guys apparently…
May BE not
Eighth Circuit affirms lower court decision enjoining May Department Stores from using BE as a line of clothing as a result of likelihood of confusion with BeBe clothing’s senior BEBE mark. BeBe’s employees’ testimony of instance of actual confusion makes up for absence of survey evidence. Thanks to How Appealing.
Her Majesty the Queen Just Another Name-Grabber
Her Majesty the Queen and the country of New Zealand brought a UDRP against the registrant of NEWZEALAND.COM. Regardless of your view as to whether country names or appellations of origin should be protected, they’re not covered by the UDRP. NZ attempted to argue that because NEW ZEALAND is an appellation of origin, it is…
The ROLLS ROYCE of Branding Mistakes
My former Mother Firm used to send demand letters on behalf of Rolls Royce telling people that they could not describe their product as the ROLLS ROYCE of trash compacters (for example). Apparently, according to today’s New York Times, they should have been sending Thank You letters. This advertising column reports on a trend of…
Dial 431.322.12 For Fake
So the National Law Journal ran a short piece on page A14 of this week’s issue entitled “Urban myth takes.” It seems that someone got it in their head to put a disclaimer on their site saying that if you are affiliated with [law enforcement, or such and such a group] then if you enter…
Happy Birthday
to my lovely wife Melinda.
I Love .LA Correction
I’ve read the ICANN announcement on the .LA ccTLD more closely (at the urging of two readers), and they are quite correct, there is nothing to suggest that the new domain manager will operate .LA as an ‘open’ domain – that is to see allowing registrations to non-Laotions. Accordingly, anyone with plans for movies.la, etc.…