The top ten brand names used as search terms on Google in the month of October are:

Source: Google Zeitgeist

The Raysan Trademark firm of Iran sends me its newsletter.  Its website reports three recent victories by Western trademark owners.  ARMANI triumphed over ARMAN for shoes.  FABER-CASTELL cancelled a somewhat similar logo for stationery products.  NESTLE appears to have exclusive rights in designs of birds in nests.

By the way, this is not legal advice and you should consult your attorney on this point, but bear in mind that in general, the protection of intellectual property is an exception to prohibtions on trade with certain countries (the laws regarding your particular axis of evil country may vary).

Ethan Katsh, professor and member of the UDRP Task Force, has drafted a proposal for refinement of databases containing UDRP decisions, to allow in effect for keynote-style searching.  While I think he is a little too harsh on the status quo of UDRP databases, his proposal is worthwhile and the document itself is an invaluable list of UDRP resources.

When reading the proposal, two thoughts occurred to me.  The first is that while in comparison to what electronic publishing makes possible, yes, the UDRP database could be made better but in the context of comparing UDRP research to, for example, U.S. civil litigation research, where one either has to have access to West publications or Lexis databases, the UDRP is universally available and universally affordable.

Second, Professor Katsh’s proposed “keynote” system for the UDRP may represent a more user-friendly method of categorizing caselaw.  This may not actually empower the layperson and “dis-intermediate” the lawyer, but some laypeople may think that it does.  Disclosure – I am a lawyer and I only approve of dis-intermediating lawyers other than myself.

Jerry Falwell is suing this site at jerryfalwell.com.  At issue is whether he is a false prophet or not.

Here is an article about branding, specifically about naming magazines.  There is a quote from Gruner + Jahr about picking ROSIE for a magazine.  See my previous blurb on ROSIE.  I had made the point that when a joint venture picks a name, it has to envision the joint venture not working out, and therefore should choose a name that could still be used by either joint venturer or a third party.  OK, I said my piece.

New Zealand has passed a new trademark law (NZ govt. website here).  This article indicates that there will be an explicit clause providing for the de-registration of a trademark found to have become generic, which does not quite warrant the headline “Famous Marks No LongerSafe.”  Originally via NameProtect.

It’s a winter wonderland here at the Trademark Lodge.  The snow knocked out my satellite connection for a while.  Fortunately I had a cable modem installed yesterday as a back-up.  The whole family went sledding this morning, something not possible if I was still at the Manhattan mother firm.

A first-person account of trademark piracy in Vietnam, via Dervala.  I am not sure in what sense the title “Intellectual Property Is Theft” is intended.