Thursday’s Wall St. Journal ran an article (subscription only) on negotiations taking place at the World Trade Organization regarding appellation of origin (or certification marks, as they’re known in the U.S.). Common certification marks in the U.S. include ROQUEFORT CHEESE (see below) and PARMA HAM (see here for more on info on Parma ham disputes
https://www.schwimmerlegal.com/2003/02/446.html
Text of GLOBALSANTAFE.COM In Rem Domain Name Decision
Thanks to a Blog Reader at Skadden for forwarding a copy of the GLOBALSANTAFE.COM decision, in which the District Court in Viriginia exercised in rem jursidiction over a domain name, and ordered Verisign, the .com registry operation (located in Virginia) to cancel a domain name, despite a stay issued by a Korean court.
Important In Rem Decision in Eastern District of Virginia
Via UDRPlaw.net, in GlobalSantaFe Corporation v. GlobalSantaFe.com, 2003 US Dist. LEXIS, 01-1541-A (E.D.Va. Feb. 5, 2003), the Court has ordered Verisign to cancel a registration of a domain name under ACPA, in spite of a contradictory order to stay cancellation from a Korean court.
ACPA Applies Upon Renewal
The Third Circuit has held that the Anti-Cybersquatting Protection Act will not retoractively apply to a domain name registered prior to the Act but will apply if the name is renewed.
But They Should Avoid Using an MBC Peacock
The MBC Network has announced that it will roll out a 24 hour news channel targeted at African Americans, named MBC NEWS. When I heard the report on the radio, both the anchor and the reporter said “Not to be confused with NBC News.” Which shows a likelihood of association, not confusion.
On the one hand
Good Brand Hygiene
Here is an article from Interbrand’s Brandchannel site entitled “Can anyone at a Company Build Brand Value?” The article answers yes by providing five things emplyees can do to get behndi the company’s brand. To which I add a sixth: Obey good brand hygiene in communications (both internal and external).
Use your brand as an
Naming Thing One and Thing Two As Additional Defendants
Couresty of amlaw.com, a complaint filed by Dr. Seuss Enterprises against an allegedly terminated distributor which continues to sell CAT IN THE HAT merchandise. Representing Dr. Seuss was the fish in the bowl. The prayer for relief requests a new rake, a new cake, and a new polka dot dress for Mom. Although what was
Brand As Navigator – Paid Search Hi-jinks
Here is a NY Times article on paid search. From the lead paragraph:
” . . . reputable advertisers increasingly find themselves outbid for top search listings by unscrupulous and perhaps fraudulent e-tailers.”
Example. If you Google “Sony Handycam DCR-TRV27” today then you will get Broadway Photo as the top paid hit. The article
Cert Petition Filed in Ty v. Perryman (BARGAINBEANIES.COM)
Goldstein Howe, source of the SCOTUS Blog, has filed a petition for cert on behalf of Ty Inc. (the Beanie Baby people), in Ty v. Perryman (the BARGAINBEANIES.COM case discussed previously here). The question presented is:
Whether every third-party reseller of goods bearing famous trademarks has the right, as a matter of law,