Failure to …. whatever (corrected and updated)

“Failure to function as a trademark” is a favorite topic around here, and it’s getting more and more attention.  Except when it’s not. What am I talking about?  Even I am tired of my own voice, so I’ll let Jessica Neer McDonald explain, as she did last August (2017), what is this failure to function: When applying for trademark/service mark registration with the U.S. Patent and Trademark Office (USPTO), an examining attorney reviews the application to determine…

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Meater meets antimeater

Originally posted 2006-03-23 23:45:02. Republished by Blog Post PromoterWired News: Finding Humor in Meat Patents: “Meat patents”? Taken individually, patents can be humorous in themselves. But taken as a whole, Wright finds that patterns in the patent application pipeline reveal absurd and disturbing truths about society’s attitude toward its security, its pets and its meat. Read more

How Supreme Skateboard plays the edge

Originally posted 2010-06-01 08:35:04. Republished by Blog Post PromoterThe new Case Clothesed blog out of New York Law School has a very interesting, if lightly sourced, piece about how Supreme Skateboard has managed for years to infringe a little bit here and a little bit there in order to maintain its status as a stylish, trendy “lifestyle/skateboard brand” without ever really getting in much trouble: So how has Supreme managed to avoid liability for so long?... Read more

Bittersweet: Hershey bars all comers

As if on cue (they read this blog, right?), long-time trademark bully Hershey continues its aggressive brand — and whatever — protection efforts: Hershey Entertainment & Resorts Company has just won another of its semi-frequent federal trademark infringement battles. This time, the victory has purged the name “Milton” from a Hershey-area hotel. And it came rather swiftly. The fight began in June when Hershey Entertainment filed suit in U.S. Middle District Court against Milestone Hotel Partners... Read more

Clothiers and disclosure

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 for promotional purposes that are consistently choosing to blatantly disregard the provisions of the Federal Trade Commission (“FTC”) Act. Not... Read more

Times Op-Ed Columnists Have More Fun

Originally posted 2014-06-23 12:22:30. Republished by Blog Post PromoterOne of our most excellent blog-related adventures was our involvement with Bob Cox of The National Debate and his wacky IP-abusive go-round with the New York Times. Bob’s point was that Times columnists should be held to the fire (however lukewarm it is at the Times) every bit as much as the inkstained wretches in the working press for those rare moments when the Times deigns to... Read more

Employee’s Own Electronic Customer Lists “Converted”

Originally posted 2013-03-05 17:36:15. Republished by Blog Post PromoterOriginally published August 2, 2005. Another interesting New York decision reported by the (sub only) New York Law Journal ), an an article called “The Common Law Concept Applied to Computers.”  [Update:  The link to the New York Law Journal is long gone, but the case is Shmueli v. Corcoran Group, 9 Misc.3d 589, 802 N.Y.S.2d 871 (Sup. Ct. N.Y. Co.), aff’d, 29 AD 3d 309 (App. Div. 1st Dept. 2006).] A Manhattan judge... Read more

Likelihood of Confusion Blog

Good Deed for the Day: Helping Old Producers Cross Agents

Originally posted 2010-11-30 08:00:13. Republished by Blog Post PromoterIn far-off Hong Kong, the Motion Picture Association has created a Boy Scout merit badge on copyright: “Boy Scouts in Hong Kong now can earn merit badges for learning about the wonders of copyright law–at least the version described by the Motion Picture Association,” reports Declan McCullagh. (Hat tip to A Mensch — no, not A. Mensch.) So much for the LLM. Read more

Not the swiftest

It is so tiring.  But that, to some extent, is what they’re counting on. Taylor Swift abusing trademark, again, of course.  And everyone else not understanding that the nature of the latest version of that abuse, discussed below, is the widespread misunderstanding of what trademarks do — protect goods and services associated with them by use — and what they don’t — which is protect slogans or other clever word combinations. But muh brand building!... Read more