
The Scotsman on secondary meaning in slogans in the UK, focusing on the HAVE A BREAK, HAVE A KITKAT tussle between Nestles and Mars. More here.

I have yet to finish my predictions for the top ten trends in IP law for 2003. Reviewing my partial list of the first five trends from this past January, I note with satisfaction the accuracy of my prediction that the Eldred and Mosely cases would be decided.
My fifth prediction, namely that we will…
Via The Telegraph, discussion of the BURBERRY brand. Old story on defending its pattern here. International Herald Tribune on the hottest handbags here. Via Canada.com, a discussion as to whether proceeds from counterfeit goods sales find their way to terrorist groups.
Via Canada.com, a discussion as to whether proceeds from counterfeit goods sales find their way to terrorist groups.
The PTO released an order this week reprimanding an attorney who called up TTAB personnel and used inappropriate and insulting language, ranted, etc. Turns out those calls are recorded. He indicated that he had taken six times the normal dosage of cough medicine (and had problems with anger management). The lessons for practitioners are: don’t…
IPKat on UK advertising practice and the use of celebrity images.
A Baltimore jury has awarded a financial publisher, Lowry’s Reports $19 million in punitive damages (and $800k in direct damages), for Legg Mason’s internal distribution of a newsletter (subscription price – $700) on its intranet. Via MSNBC via TechLawAdvisor.
Verisign’s Point-by-Point response to IAB’s critique of Verisign’s SiteFinder service and its use of DNS Wildcards.
Verisign’s response violate’s one of Dave Winer’s proposed Rules of Links by commenting directly on a document available on the Web without linking to it. Should this be a rule and what enforcement mechanisms should there be?
Via BANDT.COM, Cadbury Schweppes has sued Anchor Foods of Australia re Anchor’s use of KOOLA and design, which allegedly infringes’s Cadbury’s COOLA and design marks.
. . . is to imagine a team named the WHITESKINS whose mascot is a proud white warrior. But the team’s owners, players and fans would belong to another (majority) racial group.
The decision points out true laches issues, and the the evidentiary record isn’t stellar, but in the end the word REDSKINS defines a minority…