I noticed that this site had purchased many luxury brands as keywords on Google. Its landing page is interesting. Explanation of the title and more on the Internet Privacy Act here.
Case That Gave Trademark Law Bad Name Settles
Hopefully I will have no further cause to post anything about Spike v. Spike TV. It has settled. First line from the E! article on the settlement: ‘In what must be relief to sharp and pointy things everywhere . . . “
Now we can go on to more important matters. Someone claims that
Fill In Your Own Funny Title Here
The Federal Circuit has affirmed a TTAB refusal of the mark 1-800-JACK-OFF for ‘adult entertainment services’ under Section 1052?(a) as the mark comprises scandalous matter. The bit about why this mark is scandalous but JACK OFF JILL is not, is worth reading. Decision here. Wikipedia on Onanism here.
New Yorker on SPIKE TV
“Whos the nuttiest: Viacom, Spike Lee, or New York State Supreme Court Justice Walter Tolub? If you answered, Hard to saytheyre all completely nuts, you are correct.” The rest of the New Yorker article on Spike TV here (the review of MONK is worthwhile also).
9th Circuit Copyright Fair Use Case
Reproducing thumbnail versions of copyrighted works constitutes fair use. There’s also remand on the previous decision in linking to such images. Kelly v. Arriba Soft, No. 00-55521 (9th Cir. July 7 2003).
LEVI'S v. ESPRIT
You haven’t lived as a trademark lawyer until you have (1) received a demand letter from Converse saying that your client infringed their distinctive ALL STAR and star logo marks; and (2) received a demand letter from Levi’s saying that your client infringed something about LEVI’S jeans. Here is an article reporting that Levi’s has
U.S. Declares Independence
Best Buy Not So Distinctive
A Court of First Instance decision upholding an OHIM decision to reject Best Buy’s Community Trademark application on the grounds that all the individual elements, the words BEST BUY and the shape and color of the mark were not distinctive. IPKAT commentary here.
Best Buy Concepts v. Office for Harmonisation of the Internal Market
Harry Potter and the Derivative Work
Good article from The Boston Globe Magazine by Tracy Mayor on fan fiction and the difficult copyright, trademark and business issues raised when fans like a work so much, they create unauthorized derivative works. Quotes from J.K. Rowling’s publishers:
“From Scholastic, her US publisher: “We are very appreciative of Ms. Rowling’s fans. We are only concerned
CTM Search To Go?
IPKAT reports that several brand owner associations (such as MARQUES) have issued a communique in support of the European Commission’s proposal to abolish the post-filing search report delivered by the Community Trademark office, OHIM. Unlike the U.S., these searches of prior filed marks are for informational purposes only and the results do not serve as