More From The Canine Dilution Front

Further to our reporting on Chewy Vuitton and Juicy Critoure, on the way to work today I passed a STARBARKS grooming salon (where your pet is the star). And there was a GROOMNDALZ (changed from Groomingdale’s) near my old office.


"Brand New" – Corporate and Brand Identiy Blog

Brand New: Opinions on Corporate and Brand Identity Work (presenting opinions on brand identity and such, from UnderConsideration, a NY-based design firm.


TTAB 2007 Update

John Welch, of TTABlog: TTAB 2007 Update


Should There Be A BSA Or RIAA For Domain Names?

Interesting idea. Out-Law.com: “Business Should Fund Domain Name Police“:
A technology law expert has called on the business world to set up a policing outfit to tackle cybersquatters. The call came as Dell raised the stakes in the fight against domain hoarders, demanding compensation of $1 million per name in a lawsuit.
Dell is claiming that a series of alleged cybersquatting instances constitute counterfeiting of its trade marks and is seeking damages of $1 million per domain name infringed.
John Mackenzie, an intellectual property and technology law expert at Pinsent Masons, the law firm behind OUT-LAW.COM, said that businesses should band together to tackle the multi-million dollar cybersquatting industry pro-actively.


Juicy Critoure?

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Maybe LV has a point about CHEWY VUITTON. I saw an ad in the paper for JUICY CRITOURE, some sort of product for dogs, and didn’t know what to think. It seems that there really is such thing as JUICY COUTURE FOR DOGS (pictured). So what is JUICY CRITOURE? A typo? An infringement? A permissble parody?


TOP v. Fresh-Top Canister

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Seventh Circuit: Use of “Fresh-Top Canister” on canister of ZIG-ZAG tobacco not even close to confusing or dilutive of TOP brand tobacco. The fact that the word TOP appears on tobacco packaging all the time was relevant to the dilution analysis.
Top Tobacco and Republic Tobacco v. North Atlantic Operating Company and National Tobacco Company, 07-1244 (7 Circuit December 4, 2007) (Easterbrook, J.). visa AltLaw.
The guy on the Zig-Zag label is apparently a Zouave Soldier.


The Following Are Not Government Trademark Offices

Trademark applications are stored on publicly accessible databases. As a result, private entities can idnetify trademark applicants, and send them solicitations. Some of these solications are formatted to resemble official documents. While some solications may be for watching services, some request fees for listing on directories of no apparent merit.
We have accumulated this list by reviewing such solications and from ‘warning’ notices sent by other firms. We cannot comment on the legitimacy of any of the entities on this list but we can note that NONE OF THESE ENTITIES ARE GOVERNMENTAL ENTITIES and that NO PAYMENTS ARE REQUIRED TO THESE ENTITIES TO MAINTAIN TRADEMARK REGISTRATIONS OR PENDING APPLICATIONS.
American Trademark Agency
Company for Economic Publications Ltd. – Vienna, Austria
CPI (Company for Publications and Information Anstalt, and not be confused with Computer Packages Inc. of the U.S. and the Netherlands).
Globus Edition S.L. – Spain
INFOCOM – Switzerland
Publication et Information SARL – Liechenstein
Societe pour Global Edition KFT
TM-Collection Kft – Hungary
TMI Trademark Info Corporation – Texas
Trademark Renewal Service – Washington D.C.
U.S. Trademark Maintenance Service – Houston, TX
U.S. Trademark Protection Agency – Washington DC.
ZDR-Datenregister GmbH – Germany
If you have suggested additions to this list, please forward the questionable invoice to marty at schwimmerlegal dot com.


Counterfeit Chic: Knockoff News 73

Counterfeit Chic: Knockoff News 73


Are There Donut Lampshades In Your Background?

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We have this pillow and this sofa, in microfiber (because of the dogs) at home. Anyway, Galbraith & Paul owns the copyright in this donut design and someone, allegedly, produced lamp shades that allegedly infringe the fabric, and Ruby Tuesday has such lamps in its restaurants. It then ran photos of its restaurants with the lamps in the background in promotional materials (cropped example above).
Galbraith & Paul has now sued Ruby Tuesday in the SDNY, on copyright and trademark grounds.
Galbraith & Paul v. Ruby Tuesday, 07 cv 10512 (SDNY Nov. 29 2007)
PRACTICE POINTER: If you operate a business in some sort of public space, such as a restaurant, and you utilize a furnishing or a decoration that may contain a copyrightable element (such as a lampshade, or a wallpaper or a poster), then your use of such an item may constitute a public display of the work, and if the item is infringing, then you may have some exposure for copyright infringement. You may have a claim against the supply store that sold you the 50,000 lampshades or whatever, which you may be able to collect on if they still return phone calls. When buying items, even useful items like lamps and chairs, that will be displayed in public, you need reps and warranties and indemnification from the supplier, that will cover potential copyright and trade dress claims.


The Argument For Federal Rather Than State Trademark Registration

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Marketplace: “There’s Only One Burger King In This Town“:
“For 50 years, the Burger King in Mattoon, Ill., has been a favorite spot. And thanks to a judge’s ruling, that other Burger King has had to keep its distance”