Via Politech and info-commons.org, a demand letter from the MPAA to the owner of a website named RATEDNC-17.COM, which appears to distribute ‘themes’ or ‘styles’ for Linux. The MPAA Rating System consists of certification marks. The criteria for MPAA’s NC-17 mark is:
. . . IN THE OPINION OF APPLICANT’S RATING OR APPEALS BOARDS,
Fortune Magazine is suing a Chinese radio station over its use of the Fortune name, in China. This via the new China Blawg.
Registrars of generic top level domains must be accredited by ICANN, and the registrar submits to an agreement imposing various obligations.
In May I wrote to ICANN requesting that it review whether a specific registrar was in compliance with its accreditation. I indicated that I had reason to believe that the registrar was systematically refusing to
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).
Article on law blogs which proves that Ernie the Attorney is more popular than the ‘best’ law firm websites.
Tidbit arising out of my own insecurity: while my links pale in comparison to those of Ernie, this site also has more inbound links than those of the sites listed in the article.
Aside: Actual traffic
According to this article, Colgate Palmolive, owner of, among other products, SOFTSOAP liquid hand soap, is suing Blue Cross Labs, producer of, among other products, SMOOTHSOAP liquid hand soap, for trademark and trade dress infringement.
Plainitff Shire manufactures and sells ADDERALL which is prescribed for ADHD. It moved to enjoin defendant Barr Lab’s generic alternative on the grounds that it infringed Shire’s trade dress in the shape and color of the pill. The Third Circuit affirmed the refsual of the motion for preliminary injunction 
because Shire did not establish that