“The question raised in this case is whether the First Amendment protects a misleading use of plaintiffs’ marks in domain names to attract an unwitting and possibly unwilling audience to [defendant’s] message.  Use of a famous mark in this way could be seen as the information superhighway equivalent of posting a large sign bearing a

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Online-marketplatz EBay’s domain name in Germany’s .DE country-code TLD, EBAY.DE, was highjacked, bringing the site down for 24-48 hours. Via Demys.

Update here.

Via Guiding Rights, M. Scott Donahey, “‘Distinctive’ and ‘Famous’ – Separate Requirements Under The Federal Trademark Dilution Act?“

From the conclusion:

McCarthey’s position that “distinctiveness” and “fame” are synonymous terms does not square with the plain language of the statute and with the way that the terms are used in the Trademark

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Frederic Glaize, a Trademark Attorney, publishes the French language LITTLE TRADEMARK MUSEUM in French (a nonsensical English translation is here).  The Museum highlights the exotic, the odd, and the celebrity-owned in trademark filings.

This business wire announcement of a class action lawsuit against a corporation for misleading use of the expression RECORD RESULTS, made me wonder “How often do we encounter the expression RECORD RESULTS and what does it mean?”  I think we encounter it a lot and that it’s usually meaningless.

John Berryhill responds on the INTA Listserv to prior postings on the use of the OLYMPICS name by Bush campaign ads:

> Political advertisements seeking to obtain votes for President Bush
> claim that certain conquered and/or occupied nations were able to
> field Olympic Teams in light of wars prosecuted against them by
>

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The INTA listserv is vigorously debating the USOC’s and Iraqi Soccer Team’s objection to ads run by the Bush campaign referencing the OLYMPICS name and Iraqi team, respectively.  INTA archives for August are here.  One interesting post from Cliff Potter of The Potter Group is reproduced with permission here:

“Political advertisements seeking to obtain votes

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Louis Vuitton suit against Dooney and Bourke for ‘look and feel’ rejected.  Via Reuters.