June 2003

The Sixth Circuit has denied Tiger Woods’ appeal of a decision dismissing his trademark and right of publicity claims against an artist who had included Woods’ image in a lithograph entitled “Masters of Augusta” (above).  In pertinent part:

” . . .we find that Rush’s work does contain significant transformative elements which make it especially worthy

Viacom lost its appeal of the SPIKE TV case before the Appellate Division of NY State Supreme Court yesterday.  Viacom alleges that it has wasted $17 million in promotional expenses as a result of the injunction.  Two reactions: first, I wouldn’t be thinking about Spike TV at all if it weren’t for this case.  Second

Via The Age, a New Zealand ‘porn king’ who offers an adult magazine named NZX, is threatening to sue the New Zealand Stock Exchange, which has re-branded itself as NZX. 

This would have been an interesting case.  Weight Watchers had sued a UK Supermarket for publishing ” Weight Watchers points” on its packaging – indicating to dieters how many ‘points’ that particular meal would use dieter’s allotment of points.  But the case  is reported to have been settled.

Weight Watchers success story, Fergie, depicted right.

A Third Circuit decison interpreting the advertising injury provision of a commercial general liability insurance policy, holding that the insurer is obligated to pay for the insured’s defense against trademark infringment involving misuse of a domain name.  A plainitff had alleged that the insured had infringed its trademark in MAGAZINES.COM by utilizing MAGAZINE.COM to send traffic

I f I were Senator Hatch’s press secretary and I was trying to back him out of the remark reported in this Washington Post article where he allegedly said that maybe the only way to teach some people about copyrights would be to allow the copyright holder to destroy their computers, I would suggest to