The Small Business Review interviewed me about blogging and identifies The Trademark Blog as a Thought Leader Blog, or THLOG. Now there’s a term that rolls off the tongue.
Fame and Wii-nown
PopWink discusses neologisms arising from the popularity of Nintendo’s Wii gaming platform. Given that I am not inclined to camp out in front of BestBuy, so far we are Wii-thout.
KaZaa Made Me Do It? Class Action Against Sharman
ArsTechnica: “RIAA Defendant Targets Kazaa In New Lawsuit” (Someone who had been sued by the RIAA for music downloading, sues Kazaa file-sharing software provider Sharman, for, I suppose, inducing infringement). HT RealTimeIntellect.
“Michael Crichton Slurs A Critic”
Brendan Nyhan (author of ‘Spinsanity’): “Michael Crichton Slurs A Critic,” in which the Small Penis Rule in Libel law is discussed.
WSJ Article On Counterfeit-Spotting
Wall St Journal today, page one (no free online version): “Gumshoe’s Intuition: Spotting Counterfeits At Port Of Antwerp” (profile of the ‘best counterfeit goods inspector in the world”).
REAL CARS v CARS
Fort Wayne.com:
“In a federal lawsuit filed last month in Oklahoma City, Collectible Promotional Products Inc. of Woodward, Okla., claims Disney and toy company Mattel Inc. incorrectly used a similar trademark to its “Real Cars” line of collectible toy cars.
CPP said it has been using a chevron design with the words “Real Cars” above it since 1994. The company applied for a federal trademark, which was granted in 1998. CPP contracted with Mattel to make and package limited numbers of Hot Wheels toy cars such as the Carroll Shelby Limited Edition 1965 Shelby Cobra 427 S/C.”
Complaint filed by CPP.
Answer filed by Disney.
Evel Knievel Sues Kanye West And AOL Over ‘Evel Kanyevel”
TheSmokingGun provides a copy of the complaint filed by Evel Knievel in the Middle District of Florida, alleging that musician Kanye West infringed Mr. Knievel’s rights in his name, likeness and jumpsuit (I’m serious about the jumpsuit), by portraying a character named EVEL KANYEVEL who attempts to leap a canyon in a rocket, in his music video for the song ‘Touch The Sky” (above).
Interestingly, AOL is a named defendant, apparently because it returns the video as a search result for a search for EVEL KNIEVEL.
I Can’t Believe It’s Not Crustacean
The Food and Drug Administration will now allow vendors of surimi, imitation crab, to call their product ‘crab-flavored seafood, upsetting crab fishermen.
Restaurant chains are using langostino, which some believe are a form of hermit crab or prawn, and calling it lobster, upsetting Maine lobstermen.
Plankton is trying to steal the formula for the Krabby Patty, upsetting Mr. Krabs.
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 application. Funniest line in this Reuters report:
“My first thought was, does Mariah Carey realize what her lawyer is comparing her . . . ?”
Time Warner Sues DirecTV Over Star Trek And Football Ads
Satellite TV provider DirecTV ran two types of ads. One was targeted at local markets and made claims regarding the availability of that market’s football team’s games on DirecTV and the alleged unavailability thereof on satellite. The other made claims as to the superiority of DirecTV’s high definition signal over cable (see the Star Trek version above). Time Warner protested and DirecTV agreed to stop making certain claims. It then, In Time Warner’s view, continued to make those claims in new commercials. Time Warner has now filed a complaint in the Southern District of New York against DirecTV alleging false advertising and breach of contract.
One aspect of the case will turn on the phrase “. . . for picture quality that beats cable . . .” which Time Warner alleges refers to its own HDTV signal and not its conventional cable signal. As providers’ HDTV signals are apparently equivalent in quality, TW is in the unfortunate position where to prove its case, it must emphasize the fungibility of the quality of its HD service.
The complaint was too large to upload – if you want a copy, email me.