In going through the backlog created by the move to suburbia, I found this news.com article on ‘paid’ search engines modifying the labeling of their search results, under FTC pressure. See here for background.
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"Retain a trademark lawyer for me, at once, Smithers!" "Yes, Mr. Burns."
Via cnn.com, a minor league baseball franchise, the Calgary Cannons (a Marlins affiliate), is moving to New Mexico, where it will be re-named the Albuquerque Isotopes, in honor of Homer Simpson’s favorite team, the Springfield Isotopes, which, in Episode 15, Year 12 of The Simpsons, was moved by its owner, Duff Beer, from Springfield to…
More on Apples of Oregon
The Trademark Blog has previosuly discussed appellations of origin. Here is another example – this article describes how glassmakers in Murrano in Italy must take steps to protect their island’s name as a source of glassware.
You Be The Judge and Literary Critic
This is Ebay.
This is eGray, a site which comments on Californa Governor Gray Davis and California politics.
This is Dr. Seuss Enterprises v. Penguin, the “Cat Is Not In The Hat” decision, in which the author mimicked Dr. Seuss’ literary and artistic style to comment on the O.J. Simpson case. …
Metatags As Actionable Feet in the Door
Initial Interest Confusion doctrine is an important concept and I had hopes when I saw that Posner, J. was sitting on a panel hearing such a case. Unfortunately, he didn’t write the decision and all we received was a somewhat simplistic endorsement of a controversial doctrine.
Equitrac competes with Promatek’s COPITRAK product. At the urging of…
Initial Preliminary Injunction Under Trademark Law in the PRC
The question as to whether Apple Footwear’s Apple design is confusingly similar to Guandong Apples’ Apple design may not involve novel issues of trademark law, but this article via China Daily indicates that this is the first preliminary injunction issued under the Peoples’ Republic of China’s revised Trademark law, makes the case of great import. …
Got It, Lose It, Get It Back
Via Icann Blog, a decision where registrant inadvertently failed to renew, a domain name company snapped the name up, and registrant successfully sued to get it back.
Live Via Satellite
Blogging was disrupted as Schwimmerlegal moved its entire legal staff to Mt. Pleasant, NY (right next to Armonk). A tip of the hat to Benjamin and Ed and the guys at Value Electronics (see valueelectronics.com) for installing the satellite dish that brings this blog to you. We now resume regular programming.
5th Circuit Case on Re-packaged Goods
No criminal liability of wholesaler for printing trademark on re-packaged goods, via law.com.
Who Is The Real Slim Shady?
A doctrine which has populist appeal and found itself codified somewhat in the UDRP, but which has NOT been trademark case law since Justice Oliver Wendell Holmes blue-penciled it approximately 90 years ago, is “the sacred right to use one’s own name.” If your name is Giorgio Armani, and you are not that Giorgio Armani…