The U.S. Olympic Committee has asked the Bush campaign to pull an ad that refers to the Olympics. The Bush campaign runs two such ads, one of which angered members of the Iraqi soccer because it referred to them without permission (see below). Via Reuters.
Do As I Say, Not As I Dilute, er, Do
If you dressed a BARBIE doll in ripped leather pants, bikini top, mask and whip, would Mattel take action (background here)? Presenting the BARBIE AS HALLE BERRY IN CATWOMAN doll, from Mattel, $14.95 from Amazon. Note to students in Sara’s trademark class: thank her for submitting this, and yes, she really can outdrink me.
Iraqi Soccer Team To Bring 43(a) Action?
Apparently the Iraqi soccer team does not endorse the Bush campaign, which used an image of the team in an advertisement. Via The Seattle Times and MSNBC.
2d Cir: Meridien v. Westin
MERIDIEN managed two hotels on behalf of lessor. Lessor attempted to terminate Meridien as manager and replace it with WESTIN. Meridean contested and, while Meridien was still the manager, Westin began listing the two hotels in directories as Westin hotels. Meridien sued for trademark infringement, unfair competition and false advertising. District Court dismissed, Second Circuit reverses and remands.
Societe des Hotels Meridien v. La Salle Hotel Operating Partnership, 03-7346 (2d Cir August 17, 2004).
Jib Jab: This Song Did Turn Out To Be Our Song
Practice Pointer: When you send a demand letter, consider the possible weaknesses in your rights so that the EFF doesn’t issue a press release like this one.
Philip Morris Seizes Domain Name of Infringer
The Wall Street Journal reports on page B1 today: Philip Morris received a court order seizing the domain name YESMOKE.COM from an online cigarette vendor. Yesmoke SA of Switzerland sells cigarettes at YESMOKE.CH. Philip Morris alleged that defendant infringed its trademarks and committed other unfair trade practices. YESMOKE.COM re-directed to YESMOKE.CH. As the name was registered through Virginia-based NSI, the court was able to exercise jurisdiction over the name. According to the article, the Swiss company is in contempt of a previous court order to stop selling into the U.S..
Adidas (3 stripes) v. Polo Ralph Lauren (2 stripes)
Adidas has sued Polo Ralph Lauren in U.S. District Court in Oregon for putting two stripes on the sleeve of a jacket. AP story here.
Legislative Ipecac
Copyfight comments on the DON’T INDUCE ACT, which is the name proponents of the INDUCE ACT should have selected in the first place. The Don’t Induce Act narrows the Induce Act by creating safe harbors from vicarious and/or contributory infringement for people such as software developers.
All DRM, All the Time.
A whole blog on digital rights management here.