Couresty of amlaw.com, a complaint filed by Dr. Seuss Enterprises against an allegedly terminated distributor which continues to sell CAT IN THE HAT merchandise. Representing Dr. Seuss was the fish in the bowl. The prayer for relief requests a new rake, a new cake, and a new polka dot dress for Mom. Although what was
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Brand As Navigator – Paid Search Hi-jinks
Here is a NY Times article on paid search. From the lead paragraph:
” . . . reputable advertisers increasingly find themselves outbid for top search listings by unscrupulous and perhaps fraudulent e-tailers.”
Example. If you Google “Sony Handycam DCR-TRV27” today then you will get Broadway Photo as the top paid hit. The article…
Cert Petition Filed in Ty v. Perryman (BARGAINBEANIES.COM)
Goldstein Howe, source of the SCOTUS Blog, has filed a petition for cert on behalf of Ty Inc. (the Beanie Baby people), in Ty v. Perryman (the BARGAINBEANIES.COM case discussed previously here). The question presented is:
Whether every third-party reseller of goods bearing famous trademarks has the right, as a matter of law,
…
6th Circuit: SHOPSATWILLOWBEND.COM and Gripe Site Decision
What a difference two days and three different Judges make. After the pro-plaintiff Paccar decision, the Sixth Circuit has handed down a very pro-defendant decision in Taubman v. Webfeats. Defendant’s website, which linked to plaintiff’s official website, was held not to infringe, thanks to (1) a very narow definition of commercial use; and…
QUIBLA COLA Directed at MECCA COLA Market
Mecca Cola, the French soda positioned as a pro-Palestinian alternative to Coke, is selling well according to published reports. Its success appears to have attracted competition. This article discusses a UK soda named QUIBLA COLA (the direction in which Muslims turn to pray to face the Ka’abah in Mecca). As depicted, QUIBLA COLA’s packaging is…
Traffic, Weather and Sports
In traffic news, thanks to inquiries regarding MECCA COLA, traffic for the Trademark Blog in January was up 27% over December. Additionally, over 4000 metasearchs have been conducted.
In weather, it is below freezing again in Westchester. Good thing Mark from Richard Bell Plumbing did a fine job yesterday fixing the radiant heat system,…
I Can Still Do Trademark Clearance, Filing, Transactions and Contentious Matters
NYLawyer.com article on the fact that there are fewer domain name disputes these days.
6th Circuit Case re: PETERBILT and KENTWORTH
Paccar v. Telescan, No. 00-2183 (6th Cir. Feb. 5, 2003) (Injunction against defendant’s use of PETERBILT and KENTWORTH trademarks affirmed in part, vacated in part).
This is a very pro-plaintiff infringement case involving the domain names peterbilttrucks.com, and kentworthtrucks.com and two other variants, registered to a company which provides communication services to truckers. There …
A Branding Company on Network Solutions
Accordingly to this branding company’s diatribe against brands with the word SOLUTIONS, I should not re-name my law firm TRADEMARK, COPYRIGHT and DOMAIN NAME SOLUTIONS, regardless how accurate.
Look For The WI-FI Label
A worried consumer writes Walt Mossberg of the Wall Street Journal:
Q: I have just installed a cable modem and Linksys Wireless Network (802.11b) in my home. Did I make a mistake by not going with a “Wi-Fi” network? I’m now worried I won’t be able to hook up to Wi-Fi networks when I’m traveling …