In September, the New York Personal Injury Blog reported on a court decision in which a federal judge held that a 2005 federal law that abolished vicarious liability for car renting and leasing companies. It illustrated the article with the logos of Hertz and Avis.
Eric Turkewitz, author of the blog, now reports that Fred
Oscar v. OscarWatch.com
Technology & Marketing Law Blog: “Messing with Oscar — Academy Sues Oscarwatch.com.”
You Say ALA I say BAMA
You say Infringement I say First Amendment.
Daniel Moore paints photorealistic paintings of Alabama football. The NY Times reports that the University of Alabama has now sued, alleging trademark infringement arising from his use of the Crimson Tide’s Crimson. The article notes that Alabama had previously allowed Moore press access to the field (raising contractual
“‘Heroes’ Lawsuit Down The Drain”
E! Online: “‘Heroes’ Lawsuit Down the Drain” (Manufacturer of in-sink disposal objects to depiction of product in NBC show ‘Heroes’ – a super hero character displays prowess by placing her in hand in said disposal). HT Nerdlaw.
Some background here.
PLAY PEN v. PIG PEN As Background In “Grand Theft Auto”
E.S.S. Entertainment 2000 v. Rock Star Videos, CV 05-02966 MMM (C.D. CA July 28, 2006). HT DC.
Modified version of LA strip club used in background of video game. Infringement action dismissed on summary judgement. Name of club was changed from PLAY PEN to PIG PEN, but logo, trade dress (including a sign saying
You Can’t Include the Term ‘EBAY’ In Your Trademark or Tradename
. . . unless you’re eBay. Incidental to doing a search, I noticed that there were a gazillion dead and soon to be dead trademark applications for businesses providing ancilliary services to eBay sellers (e.g. WE WILL SELL YOUR STUFF ON EBAY FOR YOU or JOE’S EBAY DROP SHOP). These applicants could possibly use these
Trademarks Go To Camp
Dave Winer For Dunkin Donuts Ice Coffee On A Hot Day
Dave Winer: ” . . . every commercial site should have easy to crib clip art of their most famous products, to make it easy to give them a free plug on my blog.”
My favorite summer beverage is an Arnold Palmer, half iced tea, half lemonade.
WEST POINT brand Military Academy
The Department of the Army owns a federal registration for WEST POINT covering multiple goods and services. West Point Graduates Against The Waris an organization of West Point graduates against the war. The Army has sent them a demand letter.
Some cases involving trademark use by advocacy organizations include Brach van Houten Holding v.