Originally posted 2006-03-03 17:46:08. Republished by Blog Post PromoterWe alluded to this story in an earlier post. Evidently Daman Wayans’s attempt to file a trademark application for the word “Nigga” continues to hit a brick wall. Forget “immoral or scandalous,” which, as we have said before, is an increasingly hopeless position for national government to […]
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Originally posted 2017-05-01 06:41:56. Republished by Blog Post PromoterEveryone here understands that in the U.S., trademark rights are determined by use, a term of art that, practically speaking, means hardly anything, but if it means anything at all pretty much means “sale.” And priority in trademark — priority being a term of art that means […]
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Originally posted 2016-05-06 13:38:19. Republished by Blog Post Promoter Interesting. This, from the mysterious Julie Zerbo at her iconoclastic blog, The Fashion Law: The newest group of potential outlaws in the fashion industry is not made up of tax evading Italian design houses. Instead, it is a slew of big-name brands and famous bloggers teaming up […]
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Originally posted 2013-07-08 12:42:12. Republished by Blog Post PromoterI kvetch a lot about the mania for dubious “IP enforcement” by government agencies such as New York’s Metropolitan Transit Authority, which really should both know better and which have superior options for utilization of public resources. But here’s a topper: The FBI has written to Wikipedia demanding that the […]
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Originally posted 2006-11-14 14:00:11. Republished by Blog Post PromoterG. Mathew Lombard demonstrates for trademark defendants the way to triple the cost of their initial retainers.
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Originally posted 2017-08-03 15:28:44. Republished by Blog Post PromoterI’m glad I got my grumbling in before this hit my inbox: The International Trademark Association (INTA) is pleased to announce the launch of its Pro Bono Trademark Clearinghouse. An initial two-year pilot program will take place in Germany and the United States, after which the Clearinghouse […]
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Originally posted 2012-07-13 18:22:28. Republished by Blog Post PromoterI have — win, lose or draw — kept you all abreast of the progress of the various lawsuits against PissedConsumer.com (otherwise known as Opinion Corp.), the gripe site that people hate so much. Why do some people hate PissedConsumer.com? Because they assume whatever someone writes about them […]
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Originally posted 2011-10-24 22:45:05. Republished by Blog Post PromoterJohn Berryhill writes, on the “INTA List”: Now everyone is getting in on the act… Since large scale domain tasting has largely been stopped, the way is clear for internet service providers to intercept queries seeking non-existent, non-registered domain names, which largely consists of users who have […]
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Originally posted 2009-05-26 13:57:46. Republished by Blog Post PromoterWe see again that the ill-defined “scandalous” criterion for rejecting trademark registration applications — and not merely those involving hot-button ethnic slurs — lives, as John Welch reports (not safe for work, and, really, for home either — why not just read my nice version right here?): […]
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Originally posted 2013-06-26 14:54:58. Republished by Blog Post PromoterDamon Wayans is rejected again in his attempt to file a trademark that only black people would be allowed to use. Or am I missing something? UPDATE: More, and related, here.
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Originally posted 2011-12-05 10:40:49. Republished by Blog Post PromoterSomehow—despite that I always have one eye open for decisions involving copyright in fictional characters, because almost always I disagree with the ruling and I enjoy then getting to rail about it—I didn’t learn about a new case extending the abstract protection extended to fictional characters, the July […]
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Originally posted 2011-01-10 16:45:18. Republished by Blog Post PromoterWalter Olson: Ouch. Ben is an odd guy. UPDATED: But evidently he — or, more likely, his “people” — is not such the slouch in the “fair use” department — WSJ Law Blog snark notwithstanding.
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Originally posted 2012-07-27 18:46:13. Republished by Blog Post PromoterJewish tradition teaches that on Tisha B’Av (the Ninth day of the month of Av) — which begins tonight but, due to the Sabbath, is observed beginning tomorrow (Saturday) night — five national calamities occurred: During the time of Moses, Jews in the desert accepted the slanderous […]
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Originally posted 2012-01-20 09:32:49. Republished by Blog Post PromoterJudge Jed Rakoff, famous in the Southern District of New York for not wasting any (judicial) time, doesn’t waste any in the J&J / Red Cross case: The judge granted a request by the American Red Cross to dismiss a claim in J&J’s lawsuit contending that the […]
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Originally posted 2014-04-09 07:50:34. Republished by Blog Post PromoterJohn Welch at the TTABlog® has up what even he acknowledges is an “excit[ing]” post, in which he both imagines himself a woman and quotes this lively Trademark Trial and Appeals Board opinion excerpt concerning the resolution of the Chippendale’s dancer-boy trademark appeal I discussed a while […]
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Originally posted 2005-04-26 19:45:00. Republished by Blog Post PromoterThe AP reports that Apple has responded to a new book about Steve Jobs entitled iCon Steve Jobs: The Greatest Second Act in the History of Business by yanking all the books by the publisher, John Wiley & Sons, off the shelves of its Apple stores. MacWorld […]
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Originally posted 2005-01-12 17:44:00. Republished by Blog Post PromoterPopular music individual Kid Rock has prevailed in the Sixth Circuit appeal of a District Court ruling dismissing the lawsuit against him that sought to prevent him from using the “Top Dog” trademark. The Circuit Court agreed that the plaintiff, a former business partner, had abandoned the mark […]
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Originally posted 2013-10-01 13:37:54. Republished by Blog Post PromoterThe New York State Bar Association’s Bright Ideas journal (Vol. 22, No. 2) 17 (Fall 2013) has just published my essay about shield laws entitled, Bloggers, Journalists, Reporting and Privilege. And now you can read it. [ This is the article as it was republished in the New York State […]
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Originally posted 2012-07-09 13:55:36. Republished by Blog Post PromoterPatently-O: If you are not satisfied reading this free version of Patently-O, you can now get the same content through LexisNexis for a fee. Hey, wait a minute. There’s a catch, right? Yeah — Lexis is stripping the user comments. Hm — vindication?
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Originally posted 2014-11-17 17:55:38. Republished by Blog Post PromoterThe NFL is a lot of things, but I never thought it was stupid. It turns out that it isn’t. The Sports Blog reports: Remember that stupid effort by the NFL to trademark the phrase “Big Game,” even though everyone knows the phrase has, for more than […]
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