Eighth Circuit affirms lower court decision enjoining May Department Stores from using BE as a line of clothing as a result of likelihood of confusion with BeBe clothing’s senior BEBE mark. BeBe’s employees’ testimony of instance of actual confusion makes up for absence of survey evidence. Thanks to How Appealing.
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Her Majesty the Queen Just Another Name-Grabber
Her Majesty the Queen and the country of New Zealand brought a UDRP against the registrant of NEWZEALAND.COM. Regardless of your view as to whether country names or appellations of origin should be protected, they’re not covered by the UDRP. NZ attempted to argue that because NEW ZEALAND is an appellation of origin, it is…
The ROLLS ROYCE of Branding Mistakes
My former Mother Firm used to send demand letters on behalf of Rolls Royce telling people that they could not describe their product as the ROLLS ROYCE of trash compacters (for example). Apparently, according to today’s New York Times, they should have been sending Thank You letters. This advertising column reports on a trend of…
Dial 431.322.12 For Fake
So the National Law Journal ran a short piece on page A14 of this week’s issue entitled “Urban myth takes.” It seems that someone got it in their head to put a disclaimer on their site saying that if you are affiliated with [law enforcement, or such and such a group] then if you enter…
Happy Birthday
to my lovely wife Melinda.
I Love .LA Correction
I’ve read the ICANN announcement on the .LA ccTLD more closely (at the urging of two readers), and they are quite correct, there is nothing to suggest that the new domain manager will operate .LA as an ‘open’ domain – that is to see allowing registrations to non-Laotions. Accordingly, anyone with plans for movies.la, etc.…
Closing in on Target: Fourth Circuit Internet Defamation Jurisdiction Case
It’s the target of the publication’s audience, not the target of the published statement. The Fourth Circuit holds that a court in Virginia does not have personal jurisdiction over an out-of-state publisher of a website which allegedly defamed Virginia plaintiff. The Connecticut-based website intended its expose of the Virginia plaintiff to reach a Connecticut audience,…
5th Circuit Decision re Specific Jurisdiction and Accounting of Profits
5th Circuit decision: Quick Technologies v. Sage Group (Dec. 9, No. 01-11197); discussion of (1) specific jurisdiction; and (2) application of 5th Circuit Pebble Beach analysis re: accounting of profits in an infringement case.
Trademark Counterfeiting in Uganda
An article on counterfeiting in Uganda via The East African.
ARSENAL con't
More on the ARSENAL trademark case here via the Financial Times.