The Register: “Hormel loses bid for spam trademark.”
Award of Both Patent And TM Damages Impermissible Double Recovery
Patently-O: “Jury Award of Both Patent and Trademark Damages Was Impermissible Dobule Recovery” ($6.8 million award against Wal-Mart knocked down to $5.9m).
Get The Knack Of Copyright Statute of Limitations
If you grew up in Queens, New York, then you have a soft spot for Run-DMC, if for no other reason than they recorded a song entitled “Christmas In Hollis.” They also recorded a song called “It’s Tricky” which was a hit in 1985. ‘It’s Tricky’ sampled ‘My Sharona,’ the one hit for one hit wonders, The Knack. The Knack claims to have missed the first twenty years that ‘It’s Tricky’ was around, and now have sued Run-DMC, and Apple (which sells the song on iTunes), and some others, for copyright infringement, in the UK.
I encourage copyright statute of limitation experts (and UK copyright experts) to email me because I’m a little puzzled by the statement in the article that The Knack missed the three year statute of limitations in the U.S. My understanding of the US statute is that you have three years from the last infringement. If iTunes is still selling the song (which is the case), then the infringement is on-going in the U.S. However, as Prof Patry notes, the damages may be limited to only the past three years. That may be why the suit is in the UK. Please advise.
Apple Claims Ownership Of The Letter ‘I’
Ok, not really. Background here. HT JL.
Coach Sues Target For Counterfeiting
You Can’t Make Up This Kind Of Irony
Congratulations to the Foley Hoag firm, which won the exclusive right to be called FOLEY,
today.
COCAINE Redux
First shoe drops: “Drink Called ‘Cocaine’ Infuriates New York Mayor.” Background here.
Answer to anticipated email: I supose, because OPIUM perfume isn’t targeted at kids.
Answer to a different anticipated email: All I could find was one registration for GOD MADE MARIJUANA for shirts and hats, but I didn’t every single drug name.
Addendum: HT to SB for reminding me of In re Hepperle, 175 USPQ 512 (TTAB 1972), in which ACAPULCO GOLD was held to be registrable for suntan lotion.
Google Wins In NDNY; GEICO Analysis Rejected
Google successfully brought a motion to dismiss infringement and dilution action brought against it in the Northern District of New York. The Court rejected the GEICO holding that the sale of a keyword by a search engine was trademark use.
RescueCom v. Google, 5:04CV-1055 (NDNY Sept 28, 2006)
Prof Goldman commentary here.
Just For The Taste Of It

Discussion of COCAINE energy drink here.
The Incredible Expanding CTM

Bulgaria and Romania join the EU on January 1. The Community Trademark Office, OHIM, has published these faqs on CTM enlargement.