There’s an article on the front page of the Wall Street Journal today about the town of Parma, Italy, home of not only Parma ham but Parmigiano-Reggiano cheese as well (also known as Parmesan cheese). The ham consortium of Parma is involved in a dispute with Asda, a British supermarket chain, over the use of appellations
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Better Rights in the Osbournes than the Osbournes themselves?
Welch Allyn vs. Tyco (TYCOS vs. TYCO)
Don’t let this happen to you. This Northern District of New York case doesn’t really represent new law but it illustrates that “Creeping Equities” is still a common problem which can befall a strong mark in a narrow field. Plainitff had used TYCOS on sphygmomanometers and stethoscopes since 1909. Defendant, one of the world’s larger…
Dot Name and State of the Domain
Ben Edelman (a Harvard senior!!) has released another behaviorial report, this time on .name, available at http://cyber.law.harvard.edu/people/edelman/name-restrictions/. He came up with 6000 names that violated the eligibility rules, such as, well, harvard.university.name and allergy.tylenolallergysinus.name. GNR, the .name registry, receives approximately $11 for each registration, valid or not.
The State of the Domain Name report…
Senegal 1, France 0
JAPAN TELECOM vs. JAPAN TELECOM
You can guess from the caption that it’s about trademarks. A Ninth Circuit case to cite when attempting to overcome a geographically misdescriptive objection: JAPAN TELECOM may not necessarily refer to Japan, but to the business’ Japanese-speaking customers.
But the words GENERIC and DECRIPTIVE can't
I have been asked this several times in my career: can the word TRADEMARK serve as a trademark? Well, someone thinks so.
Jurisdiction by Interpolation
The Court of Appeals for the Sixth Circuit issued an interesting decision, Bird v. Parsons. The Court exercised personal jurisdiction over defendant Dotster, an ICANN-accredited registrar, based on the assumption that because Dotser sold 233,000 domain names in the U.S., 1/50 of those (4,666) were likely sold in Ohio, so Dotster had minimum contacts with Ohio. …
Question for Discussion: Keyword Purchase as a Species of Ambush Marketing
Read this article from Brandchannel’s site on the accepted practice of ambush marketing. Is purchasing a competitor’s name as a search term on a pay-for-performance search engine (such as overture.com) different (legally, as opposed to ethically)?
FTC vs. Zuccarini, Cupcake, et. al.
The FTC has fined John Zuccarini, also known as The Country Walk, JZDesign, RaveClub Berlin, and more than 22 names incorporating the word “Cupcake,” including Cupcake Party, Cupcake-Party, Cupcake Parties, Cupcake Patrol, Cupcake Incident, and Cupcake Messenger over $1.8 million for various transgressions involving over 5,500 domain names. I have actions pending against him, maybe…