This letter from Commercial Alert, an advocacy organization, to the FTC, argues that ‘buzz marketing’ (using paid lay people to spread word-of-mouth) can be deceptive. Tidbit: Procter & Gamble reportedly has 250,000 teenagers on its WOM payroll.
October 2005
Is Black Hat SEO False Advertising or Unfair Competition?
Mark Cuban (Dallas Maverick owner and founder of blog search engine Ice Rocket) posted “Get Your Blogspot Shit Together Google” yesterday, and the Wall Street Journal ran “‘Splogs’ Roil the Interent, and Some Blame Google,’ today, regarding spam blogs or splogs, created to improve search engine rankings.
Might ‘black hat’ search engine optimization techniques…
Google Changes GMAIL to GOOGLEMAIL in the UK Due to Trademark Protest
Reuters reports that Google will stop using GMAIL and will instead use GOOGLEMAIL in the UK, as a result of a trademark protest from an owner of prior rights in the term.
I will subtly point out here that our firm performs trademark clearance searches and provides availability opinions for the U.S. and abroad, working with…
Apple Files For VINGLE and Disclosure Through Trademark Filing
MacDailyNews.com and other Apple rumor blogs report that Apple filed on October 7 for the name VINGLE. Why do I post that? Because it illustrates the growing trend of ‘registry-watchers.’
On a related topic, The Privacy and Security Law Blog of the Davis Wright Tremaine firm has recently posted ‘Inadvertent Disclosure of Business Secrets Through…
Man Bites Dog: Trademark Fees Fall
Due to efficiency gains, OHIM, the Eurpoean Community trademark office, is lowering prices of Community Trademarks. You read that right.
Barney Lawyers Up

Purple dinosaur Barney’s lawyers send demand letter re unflattering portrayals. Via Copyfight.
Ahnold Signs Violent Video Game Legislation
Governor Schwarzenegger signed a law banning the sale of violent video games to minors. Via Silicon Valley Media Law blog.
Third Circuit Articulates Nominative Fair Use Test
“In this Circuit, we have today adopted a test for nominative fair use in which a court will pose three questions: (1) Is the use of the plaintiff’s mark necessary to describe both plaintiff’s product or service and defendaant’s product or service? (2) Is only so much of the plaintiff’s mark used as is necessary…
ART ATTACK Owner Cashes In
New Zealand trademark owner of ART ATTACK receives windfall. Via NewsTalk ZB.
Yamaha ATV v. Yamoto ATV


Yamaha (top) sues Yamoto for selling a ‘copy cat’ all terrain vehicle. Claims apparently include trade dress. Press release here.