Eugene Volokh on watching Chicago Cub games from a neighboring rooftop.
You Can't Make This Stuff Up
Microsoft v. Mike Rowe Soft. No, really.
Wall Street Journal on Drugs
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
Ain't Life Grand
NY Post reports that the owner of the SOHO GRAND and TRIBECA GRAND Hotels is protesting the third-party use of CHELSEA GRAND.
Don't Ask, Don't Sell?
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
Seventh Circuit on Roundness
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).
When You Hear Law Offices, What Do You Think Of?
Plaintiff fails to establish secondary meaning in the mark LAW OFFICES. Sixth Circuit opinion here.
Thanks to Sports Law Blog for the tip.
JRRTOLKEIN.COM
Be Seated
Herman Miller settles trade dress case regarding AERON chair (left) and the Nightingale CXO (right), via PR Newswire.
Ninth Circuit: Keyword Sales May Infringe or Dilute Trademarks
The Ninth Circuit has reversed and remanded the District Court decision in Playboy v. Netscape, holding that Playboy did in fact state a good cause of action in arguing that search engines may be either infringing or diluting trademarks by selling keywords.
Will this affect Yahoo’s stock price? Google’s IPO?
Concurring decision takes well-deserved swipe