January 2004

Strange article in the Wall Street Journal on Friday in the Informed Patient column.  The column discusses medication errors and although the major graphic is a box of  ‘some common drug name mix-ups’ (such as ZYRTEC and ZYPREXA and CELEBREX and CELEXA), there is no way to determine if this is in fact a major problem, as

Contrary opinions are coming in response to my question regarding innocent infringement.  To recap: a retailer is unsure if a batch of goods is counterfeit.  It asks a clerk in the trademark owner’s outlet store, who (erroneously) states that they are genuine.  The retailer also submits the goods to the trademark owner’s repair department

Defendant can continue to sell round thermostats, Seventh Circuit not accepting for purposes of preliminary relief, Honeywell’s argument, in part, that what once was functional, may today be merely ornamental.

Eco Manufacturing v. Honeywell, 03-2704 (7th Circuit Dec 31, 2003).