The most recent Snark Hunting newsletter on naming and branding has arrived, this time with ‘taxonomy charts’ of naming in the pharmaceutical and airline industries.
TTAB: NASDAQ Likely to Dilute NASDAQ
The Trademark Trial and Appeal Board has released its first decision evaluating dilution as grounds for an opposition since the Supreme Court issued Mosely, holding that a plaintiff alleging dilution under FTDA must establish that defendant’s activities caused actual dilution. Here, the Board held that just as it is prepared to evaluate likelihood of confusion
BOWFLEX Resolves Dynamic Tension With CROSS BOW
Via Portland Business Journal, an article reporitng that Nautilus, makers of the BOWFLEX exercise system, has successfully enjoined use of the CROSSBOW exercies system, which apparently has been re-named the CROSS BAR system.
Previous UDRP involving BOWFLEX here.
Information on Charles Atlas, the world’s most perfectly developed man, here.
The Shape of a Coupe
I can’t tell exactly what is going on from this AutoWeek story but the Caliph of Configuration Marks, Glenn Mitchell did some digging. Someone named Brock is attempting to import the coupe pictured on top. Race car legend Carroll Shelby attempted to stop the importation at customs on the basis of a registration for the
Drafting Tip
Free tip (as I confront this issue for the millonth time) when drafting a licensing or distribution agreement. Make the following point unambiguous:
“Licensee is not authorized to register or use domain names reflecting the TRADEMARK or variant thereof in whole or in part.”
Hanshin Tigers Settle Trademark Dispute
For Japanese Baseball fans: the Hanshin Tigers have come to a settlement with a fan who registered the trademark HANSHIN VICTORY. Via the Mainichi Daily News.
Tweenies to Sue BBC ?
Not sure what to make of this IPKAT item on fictional characters, The Tweenies, suing the BBC for human rights violations under Article 9 of the European Convention on Human Rights. The piece notes that fictional entites such as corporations can assert rights under this convention so why not ficiutional characters as well.
Meme Watch: Weapons of Mass Distraction
EasyJets ads may be confusing but they are not offensive. While reprimanded for ads that don’t clearly disclose fare information, its ads that disclose women’s breasts with the tagline “Discover Weapons of Mass Distraction” were found by the UK Advertising Advertising Authority to be distasteful but not offensive. Via AdRants. JupiterResearch reports that
Gallons per Mile Parody
The Sierra Club advises us that:
Hummerdinger.com is a work of parody and is in no way affiliated with or authorized by General Motors Corporation, as far as we know. Also, any resemblances or similarities between this aforementioned work of parody and real life are either a) crafted with satiric intent or b) complete and
League of Extraordinary Derivative Works of Public Domain Materials
Via Prof. Lessig’s blog, a movie review from Newsweek of THE LEAGUE OF EXTRAORDINARY GENTLEMAN. It is not a rave review of the movie, but it is a rave review of artists reworking material in the public domain.
Tidbit: The movie has a character referred to AN INVISIBLE MAN because of prior rights in