John Welch of Foley Hoag has wrtten a comprehensive article entitled “The TTAB in 2002: Strong Marks, Weak Marks, Phantom Marks, and No Marks at All.” There is an extensive discussion of dilution cases including CURIOUS GEORGE vs. FURIOUS GEORGE. There is also an analysis of the ST. JOHN WORTS TORTILLA CHIP case.
Warwick Rothnie, who wears a horsehair wig because he’s an Australian barrister, reports what he describes as a “reasoned decision finding that cybersquatting breaches our laws on unfair competition but is probably not trademark infringement.”
Harshest comment made about the defendant: “[Defendant] clearly has no regard for the turth.”
Runner-up: “[Defendant] has a law
The Fourth Circuit has reversed the lower court in the Barcelona.com case. The District Court had held that the owner of a Spanish national trademark registration could invoke the Anti-Cybersquatting Consumer Protection Act. In contrast, the Fourth Circuit held today that “It requires little discussion that this use of Spanish law by the district court
The Supreme Court held today, 8-0, that the Lanham Act, simply put, does not prevent the uncredited copying of a public domain work.
Dastar v. Twentieth Century Fox, no. 02-428 (June 2, 2003).