From here.
You Know Who Needs Expedited Handling of a Trademark Application? Jeremy Lin.
Three trademark applications were filed that include the term BLUE IVY CARTER. One of those, 85526099, was signed by Beyonce. That application received an office action after one week. Did your eyebrows just go up? OK, TDR doesn’t reflect it, but our guess is that the applicant filed a “Petition to Make Special“:
Use this form to petition to advance initial examination of an application out of its regular order. A petition to make “special” must be accompanied by the petition fee ($100), an explanation of why special action is requested, and a statement of facts that shows that special action is justified. The statement of facts must be supported by an affidavit or declaration under 37 C.F.R. §2.20. The most common reasons for granting petitions to make “special” are the existence of actual or threatened infringement, pending litigation, or the need for a registration as a basis for securing a foreign registration. See TMEP §1710 et seq.
In view of two other BLUE IVY CARTER applications (and, I’m speculating, a lot of infringement), there are special circumstances here. BTW, the office action refers to Blue Ivy as a famous infant (a category perhaps deserving its own Article in the Paris Convention).
Given that there are two seemingly unauthorized applications for LINSANITY and one for LINSANE, Jeremy Lin should look into this as well.
Now, on to more important matters.
Obscure Reference For All You Font Fans
We examined the website of opposing counsel today and apparently that firm is lorem ipsum dolor.
I’m Friends With John Welch
Trademark Reporter: US Annual Review: The 64th Year of Administration of the US TM (Lanham) Act by Ted Davis and John Welch.
You Can’t Say They Stole
From a patent case:
Defendants move to prevent [plaintiff] from using pejorative terms or phrases at trial. Specifically, Defendants contend that [plaintiff] is likely to repeat allegations that she has made in the press that [defendants] “stole” her bra. Courts may prohibit the use of pejorative terms under FRE 403 “when such categorizations [are] inflammatory and unnecessary to prove a claim.” Aristocrat Leisure v Deutsche Bank Trust, no 045 Civ 10014 (PKL), 2009 WL 3111766 at *7 (SDNY sept 28, 2009) (prohibiting use of the term ‘tax haven”); AIA Holdings v Lehman Bros, no 97 civ 4978(LMM), 2002 WL 31655287 at *2-3 (SDNY Nov 21 2002) (prohibiting use of the phrase ‘rat trading’). The Court agrees that characterizing [defendants’] actions as ‘stealing’ risks prejudicing the jury and will not aid in its finding facts.
Plew v Limited Brands, et. al., 08 civ 3741 (LTS)(MHD) (SDNY Feb 6, 2012)
Stereophonic Sound
From here.
AP v Meltwater re Copyright and ‘Hot News’ Misappropriation
From Meltwater News’ website:
Meltwater News is more than a traditional media monitoring service, combining the industry’s broadest search capabilities, exclusive analytical tools and a consultative relationship with its clients, Meltwater News delivers the business critical information that executives in organizations worldwide require to gain, and maintain, their competitive edge.
With Meltwater News’ expansive international coverage and robust search capabilities, users can find the information they need, when they need it, via an easy-to-use, Web-based interface. Meltwater News’ interactive analytical capabilities enable users to get even more value from their media mentions by evaluating trends, mapping press activity, identifying target markets and measuring the ROI of marketing and public relations campaigns.
AP has now sued for copyright infringement and ‘hot news’ misappropriation.
Complaint Meltwater(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “http://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();
Nude Descending A Window Washing Platform: 9th Circuit Trade Dress Decision
Plaintiff claims trade dress in its traction hoist (used for things like moving window washing platforms). The trade dress claim was in:
1) a cube-shaped gear box with horizontal fins;
2) a cylindrical motor mounted in an off-set position on the cube and partially overhanging the edge of the cube:
3) the cylindrical motor including vertical fins on a lower portion and a generally smooth sheet metal upper cover having a control descent lever and top cap positioned over the upper end and supported by rectangular legs;
4) a rectangular control box cantilevered to the motor by a square shaped member, the control box posi- tioned over the cube, the control box including controls thereon; and
5) a rectangular frame.
Plaintiff claims that the overall exterior appearance of the hoist is nonfunctional because the design demonstrates a ‘cubist’ look and feel. You don’t think I’m serious so look at page 1277 of the decision.
Depicted above is a cubist nude descending a window washing platform operated by plaintiff’s hoist.
The Ninth Circuit affirmed the lower court’s dismissal, noting that there was no evidence that anything about the external appearance exists for any nonfunctional purpose. It also found that this was an exceptional case, and upheld an award of attorney’s fees (but remanded for the exact amount of fees).
Decision Secalt Tirak Trade Dress Shape(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “http://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();





