Google aparently went down for about 15 minutes over the weekend and it’s not precisely clear what happened. A spokesman said that Google had trouble with its domain name server.
2005
Test Your Skills: NIKE v. NIKEPAL
Would you clear NIKEPAL for ‘Import and export agencies and wholesale distributorships featuring scientific, chemical, pharmaceutical, biotechnology testing instruments and glassware for laboratory uses, electrical instruments, paper products and household products and cooking appliances,’ bearing in mind that the owners of the famous NIKE mark prevailed last year against NIKE and design for various restaurant…
eWEEK On The Timetable Of A UDRP
A column from eWeek discussing the timetable of UDRP proceedings, using a matter I handled as an example.
WEST v. WESTLIFE
I didn’t know there was an Irish boyband named WESTLIFE but the fact that its record label’s application for WESTLIFE was rejected by the EU’s Court of First Instance, because of prior rights in WEST owned by a German cigarette company, has gotten a lot of press coverage.
Answer To ‘Test Your Skills’ Problem re SURFVIVOR


Pencils down. We asked whether, if you were reviewing a trademark search, whether you would clear SURVIVOR for sunscreen if there was a prior rights holder for SURFVIVOR for identical goods. In this Ninth Circuit decision, the Court affirmed dismissal on summary judgment that plaintiff did not prove that the marks were confusingly similar.
Analysis of Google Patent To Determine Relevancy
An article from wwwcoder.com discussing a patent application recently filed by Google reportedly covering part of its relevancy algorithm. The author draws the following conclusions as to how Google determines freshness, one of the components of relevancy:
The frequency of all web page changes
The actual amount of the change itself whether it is a
…
Where Should We Go In San Diego?
Email me suggestions for where to hang out in San Diego next week (dive bars, good dessert places, little known restaurants) and I’ll post the suggestions here.
Well, What Did You Think Of This Ad?

This is what the Florida State Bar thought, rejecting the ad:
“the phrase “Expect more from your law firm” created “unjustified expectations about results the attorney can achieve” and “compares the services of one attorney to another without factually substantiating the comparison.”
But then they reversed. More here, from the “Amazing Firms, Amazing Practices”
Test Your Skills
If your client wanted to use SURVIVOR for sunscreen, and there was a prior rights holder for SURFVIVOR for sunscreen, what would you advise?
Law Review Article on Trademarks On The Internet
Uli Widmaier of the Pattishall firm has written a law review article: “Use, Liability and the Structure of Trademark Law,” 33 Hofstra Law Review 603 (2005). Based on a very cursory reading on my part, I would categorize this article as part of the (in my view justified) backlash against the excesses of the Brookfield…