August 2004

MERIDIEN managed two hotels on behalf of lessor.  Lessor attempted to terminate Meridien as manager and replace it with WESTIN.  Meridean contested and,  while Meridien was still the manager, Westin began listing the two hotels in directories as Westin hotels.  Meridien sued for trademark infringement, unfair competition and false advertising.  District Court dismissed, Second Circuit

The Wall Street Journal reports on page B1 today: Philip Morris received a court order seizing the domain name YESMOKE.COM from an online cigarette vendor.  Yesmoke SA of Switzerland sells cigarettes at YESMOKE.CH.  Philip Morris alleged that defendant infringed its trademarks and committed other unfair trade practices.  YESMOKE.COM re-directed to YESMOKE.CH.  As the name was registered

Copyfight comments on the DON’T INDUCE ACT, which is the name proponents of the INDUCE ACT should have selected in the first place.  The Don’t Induce Act narrows the Induce Act by creating safe harbors from vicarious and/or contributory infringement for people such as software developers.

Call up the toll free directory, 1-800-555-1212, and ask for variants of your company’s name such as EXAMPLE CUSTOMER SERVICE, EXAMPLE PRODUCT SUPPORT, EXAMPLE PARTS, EXAMPLE REPAIR and EXAMPLE TECH SUPPORT.  Now check to see if your company actually owns all the numbers you received.