AFLAC is of the view that a white duck quacking functions as its trademark. While annoying, the AFLAC duck is a big success and does good works. Via AP, we learn that AFLAC has protested the use of a white duck quacking on a website at www.taftquack.com promoting the candidate opposing Governor Taft of
2002
Or, the View From Inside The Monitor
Via Copyfight, an interpretation of the term “mirror-site.”
Update: and then, seconds later, I see a Google version of the same joke, via Doc Searls.
When Will The Fifth Harry Potter Book Come Out, Already?
The latest affirmation from the Federal Circuit that single titles of books do not function as trademarks. Even though a party sold a million copies of THE CROSSWORD COMPANION to Walmart in 1993, 1993 would only serve as its date of first trademark use of the term if it published another book in a series…
It's Football Season
This from the Clarion Ledger of Missippi regarding Ole Miss’ attempts to police its trademarks.
Brand As Navigator continued: Paid Search
In going through the backlog created by the move to suburbia, I found this news.com article on ‘paid’ search engines modifying the labeling of their search results, under FTC pressure. See here for background.
"Retain a trademark lawyer for me, at once, Smithers!" "Yes, Mr. Burns."
Via cnn.com, a minor league baseball franchise, the Calgary Cannons (a Marlins affiliate), is moving to New Mexico, where it will be re-named the Albuquerque Isotopes, in honor of Homer Simpson’s favorite team, the Springfield Isotopes, which, in Episode 15, Year 12 of The Simpsons, was moved by its owner, Duff Beer, from Springfield to…
More on Apples of Oregon
The Trademark Blog has previosuly discussed appellations of origin. Here is another example – this article describes how glassmakers in Murrano in Italy must take steps to protect their island’s name as a source of glassware.
You Be The Judge and Literary Critic
This is Ebay.
This is eGray, a site which comments on Californa Governor Gray Davis and California politics.
This is Dr. Seuss Enterprises v. Penguin, the “Cat Is Not In The Hat” decision, in which the author mimicked Dr. Seuss’ literary and artistic style to comment on the O.J. Simpson case. …
Metatags As Actionable Feet in the Door
Initial Interest Confusion doctrine is an important concept and I had hopes when I saw that Posner, J. was sitting on a panel hearing such a case. Unfortunately, he didn’t write the decision and all we received was a somewhat simplistic endorsement of a controversial doctrine.
Equitrac competes with Promatek’s COPITRAK product. At the urging of…
Initial Preliminary Injunction Under Trademark Law in the PRC
The question as to whether Apple Footwear’s Apple design is confusingly similar to Guandong Apples’ Apple design may not involve novel issues of trademark law, but this article via China Daily indicates that this is the first preliminary injunction issued under the Peoples’ Republic of China’s revised Trademark law, makes the case of great import. …