Sign-o-matic from site protesting McDonald’s environmental policy here.
More For The Tarnishment Files
SPAM Registered For Email Program In The UK
ChannelRegister: Welsh companies settles with Hormel and registers BOTSPAM.
Discussion of tarnishment by metonymy here.
Let’s Open This To The Floor Re 43(c)(4) Defenses
Referring to previous posts here and here, the Public Citizen has been disputing INTA and AIPLA as to the effect of language in the DIlution Revision Bill. Its latest memo is here.
We’re taking comments from the floor on the following questions:
1. Does the use of ‘section’ rather than subsection in the current
AIPLA On the SubSection/Section Issue In HR 683
Read the post below, then this letter from AIPLA to the House Judiciary Committee. If I had to try my hand at explaining at what’s going on it would be this:
Section 43(c)(4), presently enumerates certain defenses under this ‘section.’ INTA takes the view that the use of ‘section’ rather than ‘subsection’ was a drafting
Does the 43(c) Revision Remove Defenses to 43(a)?
Section 43 (a) of the Lanham Act covers false designations and false descriptions. 43(c) applies to dilution. 43(c)(4) reads:
(4) The following shall not be actionable under this section:
(A) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the
Smoking Baby
Smoking Gun: ‘Philip Morris Incensed Over ‘Smoking Baby’ HT Eric.
INTEL v. INTELL ENTERTAINMENT
The Inquirer: “Intel Sues Disk Jockey For Diluting Its Trademark.”
Shameless Self-Promotion Re YANKEE HATER Logo
ESPN.COM article quoting me regarding an opposition brought by the Yankees against someone who filed for a YH logo for his YANKEE HATER gear. To clarify a point, when I said ‘the Yankees aren’t hurt by this’ I was referring to the general practice of fans making fun of their rival’s mascots, which practice
An Argument Against Going Down Market With Your Brand
C. F. Martin makes high-end acoustic guitars with good woods. It apparently has come out with a mid-priced model which contains plywoods and laminates, leading a purist to argue that this is the death of that brand.
I will merely state that taking a high-end trademark down market for a ‘budget’ line, is ‘tricky’