Facts: Masquelier invents a process for deriving a natural extract, and sells it in France under the PYCNOGENOL name. Horphag sells the product in the US under contract with Masquelier. They have a falling out and Horphag obtains the US registration in his own name. Garcia, a new distributor for Masquelier, begins selling a competing
An Abel Discussion Of Dilution
Friend of the Blog Sally Abel of Fenwick and West has authored: “Congressional Balancing Act: The Trademark Dilution Revision Act of 2006”
Mariah Carey v. Mary Carey
Mary Carey is a porn star that ran for governor of California. Mariah Carey is tied with Elvis for most number one songs by a solo artist. Mary Carey has filed a trademark application for MARY CAREY for, inter alia, adult DVDs. Apprently she also sings. Mariah Carey has taken an extension to oppose the
Disclaimed Too Late: Sixth Circuit Initial Interest Confusion Decision
Audi AG v. D’Amato dba Quattro Enthusiasts (05-2359) (6th Cir Nov 27, 2006) (AUDISPORT.COM infringes and dilutes AUDI).
“A Defense of the New Federal Trademark Antidilution Law”
Cardozo professor and friend of the blog Barton Beebe has written “A Defense of the New Federal Trademark Antidilution Law,” Fordham Intellectual Property Media & Entertainment Law Journal [Vol 16:1143].
“Federal Trademark Dilution Law Overhauled”
New York Law Journal: ‘Federal Trademark Dilution Law Overhauled.‘
Second Dilution/Political Speech Case In Two Days
A Texas environmental group created a float (depicted above) showing the Texas governor kissing a smokestack that bears the trademark of TXU, a utility that intends to build coal-powered generating plants.
TXU has now alleged that use of its logo on the smokestack is infringement and/or dilution.
Railroad Alleges Dilution By Law Firm’s Commissioned Painting
A law firm representing railroad workers commissioned, among others, the image above, which depicts a Burlington Northern Santa Fe train. BNSF protested the usage alleging dilution. Demand letters and response linked to in this article from Public Citizen Litigation Group (which is representing the law firm).