Responding to Colin Powell’s use of the phrase “The Pottery Barn Rule” to refer to the rule “You break it, you own it,” Williams-Sonoma, parent of Pottery Barn, has issued a press release stating that its policy is in fact to write-down breakage. I’m serious.
Update: It has been brought to my attention that
ClickZ, a marketing website, on Google’s new trademark policy.
Not a disputed issue but apparently one of first impression in the Fourth Circuit: consumers do not have standing to bring actions for false advertising under the Lanham Act.
Made in the USA Foundation v. Phillips Food, et. al., 03-1752 (4th Cir April 19, 2004).
Cease and Desist Letter from the Department of Justice of Canada to website operator BlogsCanada.ca, alleging infringment of various IP rights of the Canadian Government. Via BNA Internet Law News.
BBC: Romania and Chad have very similar flags (pictured, left). WIPO has been asked to look at the issue.
Lindows has announced that it will change the name of its software product LINDOWS to LINSPIRE. The announcement makes no mention of a settlement of the worldwide dispute with Microsoft and in fact suggests that the trial will go forward. Microsoft has prevailed in several non-US jurisdictions. Coverage here.
An aside: this dispute illustrates the
Less work for trademark lawyers. The absence of effective web directories/navigational tools during the mid to late 90’s forced people to use the domain name system as a directory. As owning XYZ.COM functioned in certain ways as having a trademark registration for XYZ in all classes in all countries, the absence of good search tools
Amazon unveiled its A9 search engine today. Amazon’s book search results are displayed alongside the web results.
A9’s relevancy algorithm’s perspicacity is apparent as my site is the number one hit for the search term TRADEMARK LAWYER.
Here’s a WAV file of Mr. Spacely on the Jetsons saying “You’re Fired!” Thanks to Nipper’s Patent Blog.
Interesting First Circuit Case re good faith adoption. Defendant knew that plaintiff continued to use mark abroad, but alleged that it had abandoned rights in the U.S. First Cicuit holds for defendant, citing Persons case (900 F.2d 1565 (Fed Cir 1990) for proposition that “knowledge of a foreign use does not preclude good faith adoption in