The Wall Street Journal reports today that Nasdaq has changed its name from the initial cap Nasdaq to NASDAQ “for the sake of consistency with our logo and our brand identity.” Brand consultant as caps lock button. The brand identity is suffering – the term NASDAQED is being used in the media as a synonym for “fall off a cliff.”
You Can't Use This Defense With Knock-off Handbags
Not trademark but of interest: A Canadian farmer was sued by Monsanto for using herbicide-resistant canola patented by Monsanto. His (unsuccessful) defense was that the Monsanto seeds blew into his field. Via Slashdot.
That's Why Stadium Naming Rights Are So Expensive
For those of you handling UDRP cases involving the names of stadiums, UDRPLAW.NET has compiled a list of all of them.
Anti-Copying Certification Logo
Here is a press release and depiction of the new certification logo by which record copanies will indicate that the CD contains anti-copying technology.
ROSIE By Any Other Name
Rosie has resigned from ROSIE. This AdAge article indicates that G+J (publisher of the soon to be named something else magazine), has lined up new names for what once was called McCALLS magazine. Always ready to provide esoteric trademark ramifications of tawdry public spectacles, the Blog provided this preview way back on August 9.
Protecting Free Speech – Priceless
Taftquack update: An Ohio judge has allowed continued use of the Taftquack duck by the Hagan for Governor campaign (which duck was objected to by the AFLAC duck – see background). This AP article quotes an AFLAC lawyer as arguing that Ohio voters will mistakenly think that AFLAC has endorsed the Hagan campaign. In view of the increased traffic this suit has created for the taftquack.com site, there is the same affect as if AFLAC endorsed Hagan.
There is no indication whether the United Poultry Concern filed an amicus brief against AFLAC.
A New Life for Napster
Via IDG: An adult media company wishes to purchase the NAPSTER trademark and domain name to establish an adult P2P network.
Glue as Self-Help
Advance copies of CDs distributed by record companies to reviewers sometimes become the source of pirated copies. To combat this, Epic Records is distributing portable CD players with the CD inside and the player glued shut. I guess this is a somewhat less sophisticated instance of what Prof. Lessig refers to as the architecture of control. Via BNA Internet Law News.
Political Advertising As The Last Refuge Of the Scoundrel
Contemplate this website. Review this story via abcnews.com. Ponder how political candidates’ names function in part as trademarks. Meditate upon initial interest confusion. Wonder whether the public is well-served by the current state of affairs where candidates promote themselves with methods borrowed from pornographers and extortionists.
Did I Say Versace? I Meant to say I'm Kate Spade's Cousin
Someone who may or may not be named Alfredo Versace and who may or may not be Gianni Versace’s cousin, has certainly violated the preliminary injunction from selling merchadise which infringes Gianni Versace’s trademarks (law.com). See previous discussion of the “sacred right to use one’s own name.”