PEI Licensing, a subsidiary of Perry Ellis, owner of the Munsingwear PENGUIN trademark, has sued J Crew in the Southern District of New York, alleging that various items of clothing bearing penguins, including the PENGUIN CRITTER CARDIGAN depicted above, infringe and/or dilute its famous PENGUIN trademark. Complaint on Pacer.
PEI Licensing v. J Crew
This Blog Needs A Mascot
Agenda inc.: “Marketers Expand Brands With A Bit Of Character” (on the use of ‘brand ambassadors).
Artist Improves Upon Cage’s Silence
Not daunted by John Cage’s estate’s lawsuit against a group that allegedly copied 60 seconds of John Cage’s work consistng of 4 minutes and 33 seconds of silence (to which the group’s lawyer had replied that Cage’s lawyer had not specified which 60 seconds of silence were copied), conceptual artist Jonathan Keats has
First Irony Of The New Year
I bought my son a batting helmet. “Common substances (such as paints [and] decals) applied to this helmet can cause permament damage not visible to you.” You know where I read that? On the decal applied to the helmet.
“Is Your Medicine The Real Deal?”
BusinessWeek: “Is Your Medicine The Real Deal?:
“When Leslie-Ann Lescarbeau saw the sales pitch from a pharmacy called Med4Home on the Internet and TV in 2004, she couldn’t resist signing up. Med4Home promised to deliver her medications right to her door and file her Medicare claims for her. Lescarbeau, 50, suffers from asthma
Samuel Clemens May Claim To Be Mark Twain Under Lanham Act
But Samuel Clemens can’t claim to be Mark Twain in my business dealings with him (if it matters to me that he is in fact Mark Twain).
Antidote International Films, Inc. v. Bloomsbury Publishing, PLC, — F.Supp.2d –, 2006 WL 3822484 (S.D.N.Y.): Defendant author wrote a fiction work as under a pseudonym, and in promoting
An Abel Discussion Of Dilution
Friend of the Blog Sally Abel of Fenwick and West has authored: “Congressional Balancing Act: The Trademark Dilution Revision Act of 2006”
Feel For The Velvety Label In Your Local Wine Shop
In June ’06 I blogged that I was aware of one ‘tactile’ trademark, a German registration for a word in braille. Now I’m aware of two tactile trademarks. The INTA newsletter advises that U.S. Reg. No. 3155702 has been issued to American Wholesale Wine & Spirits, in connection with KHVANCHKARA wine. The description of
Video Sharing Site Of The Day: DailyMotion.com
As YouTube goes ‘legit,’ other video-sharing sites are moving to fill the demand for unpoliced video content. DailyMotion.com, based in Paris, reportedly has 1 million registered users. DailyMotion’s Terms of Service prohibit the uploading of infringing content, and it reportedly takes down infringing videos that have been brought to its attention.
There