2006

Class Action Suit Against Yahoo For ‘Syndication Fraud’

By Marty Schwimmer on May 3, 2006

Text of Complaint in Crafts by Veronica v. Yahoo, filed in the District Court of New Jersey on Monday.
Washington Post coverage here.

MY, YOUR and OUR

By Marty Schwimmer on May 3, 2006

Posted in Branding

NY Times article on the use of MY, YOUR and OUR in branding campaigns.

Counterfeit Chic: ‘Knockoff News’

By Marty Schwimmer on May 3, 2006

Posted in Counterfeits

Counterfeit Chic: ‘Knockoff News‘

Let’s Open This To The Floor Re 43(c)(4) Defenses

By Marty Schwimmer on May 2, 2006

Posted in What Is This Thing Called Dilution?

Referring to previous posts here and here, the Public Citizen has been disputing INTA and AIPLA as to the effect of language in the DIlution Revision Bill. Its latest memo is here.
We’re taking comments from the floor on the following questions:
1. Does the use of ‘section’ rather than subsection in the current…

Trademark Blog Live In Toronto Tuesday May 9

By Marty Schwimmer on April 28, 2006

Posted in Miscellany

IP Bloggers TTABlog, IPKAt and yours truly will be hosting a get-together Tuesday night, May 9, 9:30, at the BeerBistro (several blocks from the Conference hotel).
Come before, during or after the Thompson and Thompson event, for a little quiet time. Share your favorite Stoller story, volunteer to become a country correspondent for the Trademark…

AIPLA On the SubSection/Section Issue In HR 683

By Marty Schwimmer on April 28, 2006

Posted in What Is This Thing Called Dilution?

Read the post below, then this letter from AIPLA to the House Judiciary Committee. If I had to try my hand at explaining at what’s going on it would be this:
Section 43(c)(4), presently enumerates certain defenses under this ‘section.’ INTA takes the view that the use of ‘section’ rather than ‘subsection’ was a drafting…

Does the 43(c) Revision Remove Defenses to 43(a)?

By Marty Schwimmer on April 27, 2006

Posted in What Is This Thing Called Dilution?

Section 43 (a) of the Lanham Act covers false designations and false descriptions. 43(c) applies to dilution. 43(c)(4) reads:
(4) The following shall not be actionable under this section:
(A) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the…