Coca Cola has agreed to stop using Yao Ming’s image on packaging in China and has apologized for using it without his permission. Yao has a sponsorship agreement with Pepsi. Via Interfax.
Word
Rap lyrics by Judge in Eminem defamation case here.
Tiffany Awarded Damages Against Web Merchant
Tiffany and Company awarded $573K in damages against a website selling counterfiet TIFFANY jewlery, via AP.
Bidz v. eBay re $1 No Reserve
Via Internetnews.com, Bidz has sued eBay over the use of its registered trademark $1 NO RESERVE.
The Aesthetically Functional Swedish Fish
If you wanted to make a fish-shaped gummy candle, you would likely need to make the back flat, where you pour the liquid into a starch impression. Also, in order to make it look like a fish you would likely need to use a head, tail, scale pattern and eyes. So Malaco Leaf, owner of SWEDISH FISH gummy candy, was unable to show protectable trade dress as its fish-shaped candy had an aesthetically functional design. Also, defendant SQWISH FISH established that there were 69 other fish-shaped gummy candies on the market.
Malaco Leaf , AB v. Promotion in Motion, Case no. 01-7600 (S.D.N.Y. Oct. 1, 2003).
Glenn Mitchell’s book on trade dress here.
Swedish Fish available here.
Brothel Trademark Sold On EBay
The trademark and other assets of the Mustang Ranch, a bankrupt brothel in the state of Nevada, has been sold at auction via EBay for $145,000. Via The Reno Gazette. Image from Realm-of-shade.com.
Depicting a Bulldozer In A False Light
Both David C. of New Jersey and John W. of Boston write in to advise of news of this lawsuit filed by Caterpillar against Disney, producers of the movie “George of the Jungle II,” for its less than flattering portrayal of the fine CAT brand bulldozer.
Thinking of this lawsuit and that filed by Wham-O regarding the Slip N’ Slide, I am reminded of the movie Repo Man, notable for many reasons, among them its gag consisting of the characters eating and drinking from containers labeled only as FOOD and DRINK.
Alternately, movie credits might bear the legend “All products depicted herein are fictitious. Any resemblance to real products is purely coincidental.”
Your Deal
The Deal, a business deal news provider, is protesting the use of The Real Deal for a real estate deal news provider, via the NY Post.
Google Loses Keyword Case in France
Google has lost a decision in the court of first instance in France based on its sale of keywords. It is my understanding that the case revolved around a complaint by a trademark owner that if Google has sold the keyword SHOES for an ad for any brand of shoes, then a search for [TRADEMARK] SHOES would trigger that ad.
The decision in French is available here.
Pivotal Private Equity Purchases NSI for $100 Million
Pivotal Private Equity has announced that it has purchased Network Solutions Inc., the largest domain name registrar for approximately $100 million. Details here and here. Verisign had purchased the registry and registrar businesses of NSI for $20 Billion in 2000. Verisign is retaining the registry business.
Information on Pivotal Private Equity here.