THIS AMERICAN LIFE v THIS AMERICAN STARTUP, both used in relation to, among other things, podcasts. We contributed to NPR and got a flash drive with several years’ worth of TAL podcasts. Interesting to note that host Ira Glass owns the trademark jointly with Chicago Public Media.
Infringer and Infringee To Be Named Later
In honor of the Olympics I’m posting a John Doe complaint filed by the Nassau Colliseum (where my wife and I saw the Dead play in the early 90’s). Also the original home of the New York Nets. We’ve discussed John Doe complaints before – this one caught my eye because it’s not brought by
The Most Polite Cease And Desist Letter Ever Was Not A Cease And Desist Letter
So this is a good teachable moment.
This Mashable article about “the most polite cease and desist letter ever” created quite a stir. Everybody’s tweeting it and forwarding to trademark lawyers they know. A book’s cover referred to the famous JACK DANIELS label. The owners of the JACK DANIELS trademarks asked the author
Come And Knock On Our Door
In 1976, Albert Brooks made a short film for Saturday Night Live parodying NBC’s new line-up of shows. One imaginary show was ‘The Three of Us,’ a sit-com about a threesome living together. Two years later, ABC came up with ‘Three’s Company.’ There’s a theory about CGI animation called The Uncanny Valley that hypothesizes that
Initial Interest Confusion Not Applied To Gripe Site (on Motion to Dismiss, no less)
Ron Coleman of Likelihood of Confusion fame successfully represents defendant in dismissing trademark complaint. Defendant, PissedConsumer.com, is a gripe site. Complaints about EXAMPLE are hosted at EXAMPLE.PISSEDCONSUMER.COM. See screenshot above. No likelihood of confusion, even initial interest confusion, because consumers here will not be lured to stop searching by a competing site.
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Ollie On Trademarks: WAGGIN’ STRIPS Confusingly Similar To BEGGIN’ STRIPS
I’M Ollie. This is another instance where the absence of dogs on the CAFC led to a wrong result. Look at this reasoning, from page 12:
. . . the verbs “wag” and “beg” both suggest dog behavior, and in particular both convey the excitement exhibited by dogs during feeding. Although the Board acknowledged that
Letter to ICANN from Prominent Dot Brand Applicants re Formation of a ‘Single User Single Entity’ Constituency
What is the significance? ICANN’s eccentricity is in part explained that it is ‘captured’ by the domain industry. With the advent of dot brands, real world players move toward the domain industry and the domain industry must now move toward the real world.
June 28, 2012
Dr. Steve Crocker, Chair – Board of Directors
Internet
New gTLDs By The Numbers
Valideus, which assisted entities such as Amazon in the new GTLD process, created this Powerpoint of the new TLD applications:
New gTLD Reveal Day By the Numbers[3]
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DURANTULA v DURANTULA
I don’t dislike LeBron. And Bosh is cool because he actually looks like a raptor. But I’ve been rooting for OKC. Maybe because the team was built with good draft choices and not free agency. The thing that bothers me the most is that I think the officiating is a little disconcerting. IMHO, the number
Leason Ellis Obtains Consent Agreement Enjoining Publication of ‘Trademark Catalog.’
Our firm, Leason Ellis, obtained a final consent agreement against USA Trademark Enterprises of Florida and Timea Csikos and Andras Nemeth (residents of Hungary), permanently enjoining the defendants from selling a catalog of trademark registrations. LE had alleged that defendants had engaged in false advertising and unfair competition by marketing the catalog to trademark registrants.