February 2007
Lower Case J, Huh.
BlackBerry and BlackJack, now Blackjack, settled.
HELLO AGGREGATORS – YOU MAY NOT USE THIS WORK FOR COMMERCIAL PURPOSES
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The Trademark Blog (www.schwimmerlegal.com) is published under a Creative Commons ‘Attribution-NonCommercial-NoDerivs 2.5’ license. This means you are free to share, copy, distribute, display, and perform the work under the following conditions:
Attribution. You must attribute the work in the manner specified by the author or licensor. In this case, it means specifying that the…
Protection Of Personal Names In Domain Names
David Pecker is the chairman of American Media, Inc., publisher of, among others, National Enquirer and Weekly World News. ‘Mr. Ferris’ registered the domain name DAVIDPECKER.COM, had a PPC company host it, where it was keyed to ads for porn, because, according to the registrant, the word PECKER was in the domain name. Mr. Pecker…
Claiming Ownership In A Viral Video
New TeeVee: Legend of Bridezilla: You Can’t Own a YouTube Hit (discussing multiple claims of ownership, copying and unauthorized sale of videos on YouTube).
VIAGRA v. MIGHTY BROTHER In China
Reuters: Pfizer appeals against Viagra trademark ruling in China:
“Pfizer Inc. has filed an appeal after losing a lawsuit over the Chinese name for its impotence treatment Viagra, the U.S. drugmaker said in a statement on Wednesday.
Pfizer, the world’s largest drugmaker, sued a Chinese firm over its usage of the brand “Wei Ge”…
Steve Jobs: Thoughts On Music
Steve Jobs: Thoughts on Music
“So if the music companies are selling over 90 percent of their music DRM-free, what benefits do they get from selling the remaining small percentage of their music encumbered with a DRM system? There appear to be none. If anything, the technical expertise and overhead required to create, operate and…
SDNY Rules On What Shatner And Simpson Meant By ‘Best’
DirecTV ran ads promoting its satellite TV service featuring William Shatner in one ad and Jessica Simpson in another (Shatner clip and background here). In the Simpson ad, the claim is made that DirecTV provides the best picutrem and the narrator states “. . .For an HD Picture that can’t be beat, get…
First Ever Destruction Of Counterfeit Goods In Serbia
SD PETOSEVIC: “Fake NIKE Destroyed In Serbia.”
“According to the Customs Authorities, one of the major obstacles to destruction was the lack of suitable facilities in Serbia for destroying plastics, rubbers and other similar materials in an environmentally friendly way . . . 13,000 pairs of counterfeit running shoes, bearing the trademarks of…
11th Circuit: Effect Of Rejection of Copyright Assignment Under Bankruptcy Code
Thompkins v. Lil’ Joe Records, 05-10143 (11th Cir. Feb. 5 2007):
“This appeal requires us to consider what happens when a debtor-in-
possession in a Chapter 11 bankruptcy case, who negotiated the purchase of
copyrights prior to the bankruptcy proceeding, later uses the bankruptcy code to
reject those contracts that transferred ownership of the…