Counterfeit sunglasses and perfume seized in Malta. Via The Malta Independent Online.
Henan Shuaike v. Warner Health in China
A Chinese company, Henan Shuaike Pharmaceutical Co., Ltd. has sued Warner Health Products, an American pharmaceutical company, for trademark infringement in the Beijing First Intermediate People’s Court. Via People’sDaily.com.cn.
Protection of Famous Trademarks in Egypt
Article from Business Today Egypt on protection of famous marks in Egypt.
An Argument For Payola
An interesting post in Conglomerate stating the case for payola, and analyzing the question whether payola promotes ‘bad’ music.
Important Extraterritorial Lanham Act Case
A non-U.S. website must have a substantial effect on U.S. commerce before the court can exercise subject matter jurisdiction. Cecil McBee v. Delica, No-04-2733 (1st Cir August 2, 2005) (mere accessibility of Japanese clothing company’s website using CECIL McBEE in U.S., does not establish substantial effect on U.S. commerce, without more).
Lower court decision in
The Trademark Of Zorro
NY Lawyer: ‘Filmmakers Sue Sony Pictures Over Zorro‘
Does ORGASM Make You Blush?
Naming and branding blog Snark Hunting from Igor International, on cosmetic company Nar’s choice of ORGASM as a name for a shade of blush.
There are 6 U.S. trademark registrations consisting in whole or in part of the term.
Nars ORGASM blush available here.
NPR Podcast: ‘What’s Wrong WIth Payola?’
If a radio station makes falsifiable statements regarding its playlist (such as representations that the songs were ‘best-selling’), then the potential harm in payola (paying the station to play a song) is apparent. If a radio station makes vague statements regarding its playlist (‘today’s sounds’), then payola may be culturally undesirable, but the actionable harm
MY LIFE, MY CARD, MY REVERSE CONFUSION
July 2, 2004: Stephen Goetz’s alleged date of first use of MY LIFE, MY CARD for computer software for financial credit/debit card content management.
September 1, 2004: American Express registers mylifemycard.com as domain name.
September 8, 2004: Goetz files use-based trademark application for MY LIFE, MY CARD.
September 15, 2004: American Express files ITU trademark
The 5 Day Life Of The Unattractive Domain Name
Computer Business Review Online: “Pay-per-click Speculation Market Soaring.” Hundreds of thousands of domain names are being registered, then tested during their 5 day grace period, to determine whether they will generate more than the $7 or so registration fee, in Yahoo or Google keyword ad revenue (and then are deleted if they don’t).