The Department of the Army owns a federal registration for WEST POINT covering multiple goods and services. West Point Graduates Against The Waris an organization of West Point graduates against the war. The Army has sent them a demand letter.
Some cases involving trademark use by advocacy organizations include Brach van Houten Holding v. Save Brach’s Coalition, 856 F. Supp. 472, 31 USPQ2d 1786 (ND Ill 1994) (no online version available), where the trademark owner sued the union for using the BRACHS mark to name an ad hoc anti-management group. See also International Assn of Machinist and Aerospace Workers v. Winship Green Nursing Center, 96-1206 (1st Cir. Dec. 30, 1996), where the union sued the trademark owner for using the union’s trademark in informational material during the dispute.
However it seems that WPGAW’s focus is not really West Point and its policies. This case may fall more cleanly into fact patters such as Playboy Enterprises, Inc., v. Wells, 279 F.3d 796 (9th Cir. 2002), which hold that you may truthfully identify prior affiliation providing that such use is not confusing.
Practice pointer: It would appear that the NY Times reported on the existence of West Point Graduates Against The War because of the demand letter.
You’ve Smelled The Rest, Now Smell The Best

Another excuse to run the picture of the ‘You’ve Tried The Rest, Now Try The Best’ pizza chef. Does anyone know the history of this graphic?
Via IPKat, a Lithuaian company claims that it has secondary meaning in the smell of pizza.
Plagiarism and Reverse Passing Off
Prof. Volokh on the investigation of Prof. Ward Churchill. Prof. Churchill not only allegedly put his name on other people’s work, but he would put other’s names on his work. Why? So that he could cite them as supporting his views.
Trademark Blog Live in Manhattan Wednesday
I will participate on a panel on the subject of blogging, of all things, at the Copyright Society lunch at the Princeton Club, Wednesday at lunch. Fellow panelists include Bill Patry of Patry on Copyright. Details here.
Geographical Indications Used on Wines and Spirits
Trademark Office Exam Guide 1-06: Geographical Indications Used on Wines and Spirits.
“Injunction Junction: Law Note On Equitable Relief In Trademark Law”
Duke Law & Technology Review iBrief: “Injunction Junction: Remembering The Proper Function and Form Of Equitable Relief In Trademark Law.”
Abstract: Injunctions are supposed to be among the most extraordinary remedies in the American judicial system, yet they have become anything but rare in trademark litigation. Although the unique nature of trademark protection may explain the frequency of injunctive relief, the process by which this relief is issued is rapidly devolving into rubber-stamping by the courts. This iBrief argues that courts should (1) recommit themselves to the principles of equity before granting injunctions and (2) seriously apply the specificity requirements of Rule 65(d) of the Federal Rules of Civil Procedure to avoid overly broad orders.
Use Of Recognizable Products In Movies
When Is A Final Judgment An Unenforceable Agreement To Agree
Brinks Hofer: ‘Fifth Circuit Rules That Inconclusive Trademark Settlement Is Crackers‘ (Parties terminate trademark infringement action pursuant to entered agreement – settlement agreement lacked essential terms of a trademark license and held unenforceable agreement to agree).
Preregistration of Copyrights
Loufrani v Wal-Mart Over Smiley Face
Forbes: Wal-Mart in Trademark Clash Over Smiley Face. If you use a smiley face, then at some point, sooner or later, you hear from Mr. Loufrani.