USPTO: 2007 Fiscal Year-End Results Demonstrates Trent of Improved Patent and Trademark Quality.
The PTO press release also indicated that the average time for receiving a first office action was 3 months. I silently thought “really?” as I read that. Interesting how fragemented, the trademark filing business is. The largest trademark practice doesn’t have 1% of the market.
“When Do TV Shows Titles Violate Trademark Law?”
Hollywood Reporter: “When Do TV Show Titles Violate Trademark Law?”
When the choice of title has no artistic relevance to the subject of the show. Sorry, I gave away the ending.
DJ Action Over “Beetle”-shaped Toy Car
Alex Toys sells, among other things, toy cars. VW sent a demand letter alleging that some of its toy cars infringed its trade dress in the VW ‘beetle” (VW sells (or licenses) beetle-shaped cars). VW filed a complaint but never served it. Negotiations ensued but didn’t lead to resolution. Alex filed an action for a declaration of non-infringement.
Panline USA dba Alex Toys v. Volkswagen Aktiengesellcahft, 07 CIV 10272 (SDNY Nov 13 2007) (without exhibits).
Golden Compass Sues Beyond Golden Compass in EDNY
Producers of upcoming theatrical movie “Golden Compass” sue producers of DVD entitled “Beyond The Golden Compass” on copyright and trademark grounds. “Beyond the Golden Compass,” marketed as a tie-in, promises to:
Unlock the astonishing truths and hidden meanings inside the pages of Philip Pullman’s The Golden Compass, the best-selling fantasy novel — and now major motion picture — that has captured the imagination of millions worldwide. This cutting edge film examines the secret codes and symbols of Lyra’s world — a parallel universe where each person is guided by their animal daemon and where dark, evil forces lurk behind facades of piousness and beauty. Utilizing the latest CG animation, stunning on-location re-enactments and rare archival footage, Beyond The Golden Compass: The Magic of Philip Pullman also includes revealing interviews with historians and experts as well as an exclusive talk with the author himself.
New Line Cinema v. Koch Entertainment, CV 07 4782 (E.D.N.Y. Nov. 15, 2007).
Giantceutical Sues Domains By Proxy
Plaintiff owns BIOCALTH trademark. Domains by Proxy customer had been using BIOLAWSUIT.COM for a Chinese language site that seemed to refer to a lawsuit relating to BIOCALTH (archive.org page here), the pages of which allegedly reproduced the BIOCALTH logo (the page is down as of this writing). Domains By Proxy doesn’t give up name, Plaintiff sues Domains By Proxy and registrar Go Daddy.
Giantceutical v. Domains By Proxy, CV 07-07309 (JTL) (CD Cal Nov 3 2007)
Haute Diggity Dog (CHEWY VUITON) Affirmed – No Infringement, No Dilution
Text of Fourth Circuit Decision in Louis Vuitton v. Haute Diggity Dog here.
43(b)log commentary here.
Food, Drug and Shirt Administration?
NY Times: “‘Seaweed’ Clothing Has None, Tests Show“:
“One of [Lululemon’s] lines is called VitaSea, and the company says it is made with seaweed. The fabric, according to product tags, “releases marine amino acids, minerals and vitamins into the skin upon contact with moisture.”
Lululemon, which has received positive media coverage for its fabrics, also says the VitaSea clothing, made from seaweed fiber supplied by a company called SeaCell, reduces stress and provides anti-inflammatory, antibacterial, hydrating and detoxifying benefits.
There is one problem with its VitaSea claims, however. Some of them may not be true.”
. . .
“. . . The company . . . prints the company’s “manifesto” on its red shopping bags.
The manifesto includes messages like, “Stress is related to 99% of all illness,” “Friends are more important than money,” and “Coke, Pepsi and all other pops will be known as the cigarettes of the future. Colas are not a substitute for water. They are just another cheap drug made to look great by advertising.”(emphasis added)
Tiffany v. eBay Trial Starts Today
WSJ.com Law Blog: Tiffany v. eBay:
“Who is responsible for the policing of counterfeit products on eBay?
If you think that’s an interesting question and you’re here in Gotham, hightail it down to Judge Richard Sullivan’s courtroom in the Southern District where a bench trial gets underway today pitting Tiffany against the online auctioneer. Legal experts say a win for Tiffany could change the way eBay handles its auctions.”
Homage?
Not quite sure what the story is behind the similarities in these Apple and Sony ads. Via “”You Thought We Wouldn’t Notice.”
TROPICANA v TROPICANA
Business Courier of Cincinatti: Lawsuit Challenges Ruby on Tropicana Name”
“Bill Yung’s Tropicana Entertainment LLC, the owner of the Tropicana hotel and casino chain and its Las Vegas flagship, has filed a trademark infringement lawsuit against Jeff Ruby Culinary Entertainment Inc.
Tropicana Entertainment contends that Ruby’s use of the Tropicana name and trade dress at his Tropicana restaurant in Newport infringes on its trademark, which its predecessor registered for hotel and restaurant services in 1989.”