Breakfast, lunch and dinner at Tiffany’s — on Costco

Costco owes Tiffany more than $19 million for selling counterfeit rings — Business – DM (@BusinessMarkhor) August 15, 2017 I wrote last fall that it didn’t look like it could get much worse for Costco in its awful litigation against Tiffany, which followed its awful business decision to use the word “Tiffany” to sell diamond rings that were not Tiffany diamond rings at all and to essentially run with it even when it knew, according to testimony in the case, that customers were confused.  Not much worse, I said, except for the damages part. So now it’s the damages…

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Where nobody knows your name

Originally posted 2014-05-29 01:48:49. Republished by Blog Post PromoterI subbed for a more important lawyer on a panel for the American Intellectual Property Association Spring Meeting in New York today (May 7, 2010).  This is an outfit I joined years ago until I realized that they’re pretty much all patent lawyers.  Nothing personal, of course, but if I’m going to join another big IP law organization in addition to INTA I’d rather hang out with the oddballs of the AIPLA than, well, patent lawyers. I kid.  These people are really good, and they know their stuff.  My stuff, on the... Read more

“Fully cooked,” like so much Boston scrod–here comes Meet the Bloggers VI!

Originally posted 2010-04-21 20:44:33. Republished by Blog Post PromoterCribbed entirely from The TTABlog® of Beantown home-boy John “Fully cooked, yes, but still Keeping Tabs on the TTAB®” Welch: Meet the Bloggers VI, the best non-INTA event during INTA, will happen on Monday night, May 24th, beginning at 8pm at Lucky’s Lounge, 355 Congress Street, Boston. Lucky’s is just a few blocks from the convention center. Check the map at the website here. In addition to yours truly [John Welch,] the TTABlogger, the hosts of Meet the Bloggers VI are Marty Schwimmer of the Trademark Blog, Ron Coleman of LIKELIHOOD OF CONFUSION®, and Pamela... Read more

Putting trademark in the corner

Originally posted 2014-01-03 09:48:55. Republished by Blog Post PromoterCatchphrases such as THREE-PEAT with no coherent secondary meaning and no meaningful trademark identity are one of the really galling misuses of trademarks these days.  Nick Daly sends along this story (link added): Lionsgate Film Studio has sued 15 companies for allegedly selling their merchandise featuring its trademarked [sic] phrase “Nobody puts Baby in a corner” from the 1987 hit movie “Dirty Dancing.”. . . The suit, filed in Los Angeles last week, alleges that the use of the phrase by the companies wrongly sends the message to the consumers that the... Read more

Michael N. Cohen, Trademark Attorney

Beverly Hills TM Lawyer

Originally posted 2010-02-11 00:01:58. Republished by Blog Post PromoterFor my money that can only mean Michael N. Cohen!  And now he has a blog, giving it away for free like the rest of us, called TRADEMARK BLOG OF THE TRADEMARK LAWYER’S MIND. Okay, it’s deep, trust me.  Michael knows what he’s talking about from what I can see.  Now you have someone with real chops doing heavy lifting on all these cases and issues LIKELIHOOD OF CONFUSION® just won’t be bothered with because they’re too popular in the media already.  I’m elitist like that.  (Or was it lazy?)  But that doesn’t scare... Read more

Great minds moji alike?

Last September I wrote the following in a letter to a client that asked whether it could use emojis from Apple’s character set in certain marketing materials: The Internet is full of opinions and statements concerning the copyright-protected nature of the Apple emoji set, but no one has evidently explored seriously the issue of whether, notwithstanding Apple’s assertion of protectability as well as its copyright registrations of these symbols and devices, they are really subject to any copyright restrictions. Well, now it’s explored, and by Eric Goldman; and who better? Here’s a link to the abstract of his upcoming article,... Read more

INTA does the right thing

I’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 will be expanded to other countries. The Pro Bono Trademark Clearinghouse has been created to connect eligible individuals and non-profit organizations in need of trademark legal assistance with trademark attorneys who are looking for pro bono opportunities, and are prepared and able to assist. “Entrepreneurs and small business owners focused on growing their... Read more

Restaurant knockoffs

Originally posted 2012-06-11 19:57:22. Republished by Blog Post PromoterMichael Atkins writes about the frustrations of a restaurant owner who seems to think — oddly, for someone who’s already hired a lawyer — he can’t stop someone from copying his restaurant decor and theme. Of course, Two Pesos v. Taco Cabana dealt exactly with that question, and pretty definitively, and, well, it did so 15 years ago. But Michael isn’t satisfied just embarrassing the New York Times, which also doesn’t get the story straight, asking opinions of chefs but not IP lawyers.  He trots out the big guns — our friend... Read more

Best of 2013: Kirtsaeng and Copyright: First sale means first sale

Originally posted 2013-12-23 07:29:59. Republished by Blog Post PromoterThe Supreme Court handed down a huge decision in copyright law today, ruling in Kirtsaeng v. John Wiley & Sons, Inc. that the first sale doctrine, which allows for legally acquired copyright-protected works (or, in trademark, goods bearing a trademark) to be resold by their owners, applies to works made overseas — notwithstanding language in the Copyright Act that many courts had held suggested otherwise. My first involvement in litigation centered on this question was in a case called Pearson v. Textbook Discounters in the Southern District of New York.  It is one of... Read more

The thing speaks for itself

Originally posted 2012-10-18 13:27:57. Republished by Blog Post PromoterBlawg Recenseo est procul Res Ipsa Blog! NB (ut opes notabilis “note well“): Nos should totus have habeo Latin nomen pro nostrum blogs. Ut would restituo veneratio quod integrity ut professio , quod enhance publicus contemplor nobis. Oops — forgot, you don’t speak Latin.  OK, here it is in the vernacular: Blawg Review is at the Res Ipsa Blog! NB (that means nota bene):  We should all have to have Latin names for our blogs.  That would restore honory and integrity to the profession, and enhance the public’s regard for us. Read more