
QUESTIONARY THE GAME OF SMART QUESTIONS and design, for board games vs PICTIONARY for ‘equipment sold as a unit for playing a board game.’ Assume the goods are legally identical and travel in the same trade channels.
Answer on Friday.
Likelihood of Confusion
Absolutely Scrabulous?
MSNBC: “Facebook Asked To Remove ‘Scrabulous’
Merriam-Webster tells us that SCRABBLE is derived from the Dutch word schrabbelen, or to scratch. HARDSCRABBLE suggests a ‘hard scrape’ in farming marginal land. Many U.S. dictionaries identify the board game as the first definition of the word SCRABBLE, and ‘scramble’ or ‘scribble’ as secondary definitions.
Latter Day Saints vs. Latter Day Saints
Examiner.net: “Churches Fight Over Name Use in Court“:
The Community of Christ has obtained a temporary court order protecting rights and ownership of its previous name, the “Reorganized Church of Jesus Christ of Latter Day Saints” and its recognized initials, “RLDS.”
Major League Baseball v Major League Moving

Major League Baseball Properties v. Major League Moving and Associated Capital Services, 4:07 cv 565 (ED Texas Dec 19, 2007).
Hard to believe. Look forward to hearing how this turns out.
GIRLS GONE WILD v. GIRLS GONE WINE
I think we know where the NY Lawyer stands on this: “‘Girls Gone Wild’ Goon Sues ‘Girls Gone Wine‘”
See Spot Allege Likelihood of Confusion

It’s a snow day so I’m home with Banner and Ollie. Both dogs have been following the Chewy Vuitton and Jucy Crittoure cases with interest. Ollie, who is half border collie, brings to my attention Woof, Inc. v. The Dog Spot, 07-cv-02229-RCL (D.C. D.C. Dec 13 2007). Both parties are pet supply stores in the…
TOP v. Fresh-Top Canister


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…
Dagwood v. Dagwood

A Dagwood sandwich is a very big sandwich, named after the comic strip character, Dagwood Bumsted, who liked to make big sandwiches. An Indiana company alleges that it has operated Dagwood sandwich shops in Indiana since the 80’s. A nationwide chain, Dagwood Sandwich Shops, LLC, has federal registrations. The Indiana company sued the chain in…
Anytime Fitness v. Premier Mortage: Can-Spam and TM Infringement Complaint
Anytime Fitness is a fitness center franchisor. Premiere Mortgage is a Flordia-based mortgage lender. Plaintiff Anytime alleges that Defendant Premiere sent spam to Anytime’s franchisees in violation of the CAN-SPAM act. What is interesting is that Plaintiff also alleges trademark infringement, however it is not clear (to me) from the complaint how Premiere Mortgage used…
Golden Compass Sues Beyond Golden Compass in EDNY


Producers of upcoming theatrical movie “Golden Compass” sue producers of DVD entitled “Beyond The Golden Compass” on copyright and trademark grounds. “Beyond the Golden Compass,” marketed as a tie-in, promises to:
Unlock the astonishing truths and hidden meanings inside the pages of Philip Pullman’s The Golden Compass, the best-selling fantasy novel…