‘
Interesting use-based application (Sec. 2(f)) no. 76420667 from Hilfiger, covering perfumery, printed materials and a wide range of clothing. Approved for publication.
Description of Mark: The mark consists of a repeating stripe pattern applied uniformly over the goods or to parts thereof.
Lining and Stippling: The following colors and shades of colors are claimed
The Lanham Act prohibits false statements and statements that are true but intended to mislead, as to the origin or quality of goods or services.
For a general discussion about statements intended to mislead about everything else, see Spinsanity.
The Bush Campaign will not put ads mentioning the Oympics, citing fair use. Via Washington Post.
“He’s still manipulating his owner like always,” said Alan Kalter, the chairman and chief executive of Doner in Southfield, Mich., the current 9Lives agency, “but there appears to be an even deeper-bonding relationship than there was years ago, because he’s willing to do a little more” for the brand. From “Prepare to See More
Quote from White House Secretary in “Bush Joins McCain in 527 Ad Challenge:”
“The president said he wanted to work together [with McCain] to pursue court action to shut down all the ads and activity by these shadowy 527 groups,” McClellan said after Bush spoke to McCain by telephone this morning.
The U.S. Olympic Committee has asked the Bush campaign to pull an ad that refers to the Olympics. The Bush campaign runs two such ads, one of which angered members of the Iraqi soccer because it referred to them without permission (see below). Via Reuters.
If you dressed a BARBIE doll in ripped leather pants, bikini top, mask and whip, would Mattel take action (background here)? Presenting the BARBIE AS HALLE BERRY IN CATWOMAN doll, from Mattel, $14.95 from Amazon. Note to students in Sara’s trademark class: thank her for submitting this, and yes, she really can outdrink
Apparently the Iraqi soccer team does not endorse the Bush campaign, which used an image of the team in an advertisement. Via The Seattle Times and MSNBC.
MERIDIEN managed two hotels on behalf of lessor. Lessor attempted to terminate Meridien as manager and replace it with WESTIN. Meridean contested and, while Meridien was still the manager, Westin began listing the two hotels in directories as Westin hotels. Meridien sued for trademark infringement, unfair competition and false advertising. District Court dismissed, Second Circuit
Practice Pointer: When you send a demand letter, consider the possible weaknesses in your rights so that the EFF doesn’t issue a press release like this one.