Taftquack update: An Ohio judge has allowed continued use of the Taftquack duck by the Hagan for Governor campaign (which duck was objected to by the AFLAC duck – see background). This AP article quotes an AFLAC lawyer as arguing that Ohio voters will mistakenly think that AFLAC has endorsed the Hagan campaign. In
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A New Life for Napster
Via IDG: An adult media company wishes to purchase the NAPSTER trademark and domain name to establish an adult P2P network.
Glue as Self-Help
Advance copies of CDs distributed by record companies to reviewers sometimes become the source of pirated copies. To combat this, Epic Records is distributing portable CD players with the CD inside and the player glued shut. I guess this is a somewhat less sophisticated instance of what Prof. Lessig refers to as the architecture…
Political Advertising As The Last Refuge Of the Scoundrel
Contemplate this website. Review this story via abcnews.com. Ponder how political candidates’ names function in part as trademarks. Meditate upon initial interest confusion. Wonder whether the public is well-served by the current state of affairs where candidates promote themselves with methods borrowed from pornographers and extortionists.
Did I Say Versace? I Meant to say I'm Kate Spade's Cousin
Someone who may or may not be named Alfredo Versace and who may or may not be Gianni Versace’s cousin, has certainly violated the preliminary injunction from selling merchadise which infringes Gianni Versace’s trademarks (law.com). See previous discussion of the “sacred right to use one’s own name.”
I, Robot Exclusion Protocol
From the September 16 Wall Street Journal, page R13 (online subscription only): “Are Bots Legal.” A good introduction to the various issues arising from the use of automated search robots including the eBay v. Bidder’s Edge case in which eBay successfully argued that Bidder’s Edge’s Bots, which captured 100,000 eBay pages a day, were…
Books to Read: "Unlocking the Sky"
Unlocking the Sky by Seth Shulman is the story of Glenn Curtiss, aviation pioneer, and his battles with the Wright Brothers. The Wright Brothers had received a broad patent on wing stabilization for which they sought such a broad scope of protection that it was said if you jumped and flapped your arms, you infringed…
Knock-off Industry, Take Note: Make the Logos Smaller
This blurb from today’s NY Times (online by subscription only):
“Certainly it’s hit Ralph Lauren, and I feel it’s hit Tommy
to an extent. Kate Spade is pulling back a little and
Calvin has pulled back the CK’s on a lot of things.” – Kal Ruttenstein of Bloomingdale’s, on the decline in designer logos.
The…
But Will There Always Be An England?
This via Rick on re-branding Britain.
Fame Trek: Ninth Circuit Articulates Fame Standard in Dilution Case
Coincidental to the blurb on Yakult below, I just learned of the Ninth Circuit’s recent case discussing fame, Thane v. Trek, in this case, the fame of the TREK mark used for mountain bikes. To clarify my comments below, fame is and should be interpreted differently when determining whether there is infringement, or dilution…