The string of UDRP cases regarding re-sellers (such as the WEBER Grill case) has long been troubling. to me. I understand how a distributor of authorized ACME products may not be cyber-squatting if they point the name to a page selling ACME products (even though the such use might still be infringing, because, in
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Our Prices Are Insane and Protectable!! part 3
FatWallet has announced a partial victory in its tussle with Wal-Mart over FatWallet’s dissemination of Wal-Mart’s post-Thanksgiving prices (background here and here.
I hope that some of the parties will make public some of the papers in this case, specifically those which shed light on Wal-Mart’s theory that the prices in the circular were…
'Survivior' Attempts to Sue "Celebirty" Off Island, con't
As previously mentioned, CBS, owner of rights in The Survivor TV show, is suing ABC and Granada TV, which intend to broadcast a show entitled “I’m A Celebrity, Get Me Out of Here.” Here, via Amlaw, is the Complaint. Of interest is the cause of action alleging that the show has a famous…
More Sour Grapes Than A Sincere Argument Against Sunrise
This Orlando Biz Journal article is getting a lot of linkage for its coverage a lawsuit brought against ICANN barring it from utilizing “sunrise” provisions – means by which holders of registered trademarks could register.info domain names corresponding to those trademarks, before the rank and file could get their hands on those names.
You have…
Dear Abby: Should I Retain a Trademark Lawyer?
A business owner wrote a small business advisor in the Sacramento Bee:
As a new home-based business owner, I would like to find out more about searching and registering a trademark for my new Web service. I plan to sell ethnic food over the Internet and want to ensure my brand as well as avoid
…
Beter to Parody Than to Sue?
In response to parodies of its “Switcher” ads which flood the Web, Apple offers its own,
Top Ten Brands on Google
The top ten brand names used as search terms on Google in the month of October are:
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Source: Google Zeitgeist
Trademark Protection in Iran
The Raysan Trademark firm of Iran sends me its newsletter. Its website reports three recent victories by Western trademark owners. ARMANI triumphed over ARMAN for shoes. FABER-CASTELL cancelled a somewhat similar logo for stationery products. NESTLE appears to have exclusive rights in designs of birds in nests.
By the way, this is not legal…
List of UDRP Resources and a Proposed Keynote System
Ethan Katsh, professor and member of the UDRP Task Force, has drafted a proposal for refinement of databases containing UDRP decisions, to allow in effect for keynote-style searching. While I think he is a little too harsh on the status quo of UDRP databases, his proposal is worthwhile and the document itself is an invaluable…
You and God Be The Judge
Jerry Falwell is suing this site at jerryfalwell.com. At issue is whether he is a false prophet or not.