Archive by Author

The key to the kingdom

Originally posted 2007-08-17 13:36:51. Republished by Blog Post Promoter


Sooner a later, “the courts” are going to decide whether or not keyword advertising is a trademark infringement. Here’s the latest sortie taking off, via David Fish.


Originally posted 2007-04-14 23:28:25. Republished by Blog Post Promoter

Resurrection is a popular topic in branding and trademarks. There’s Tylenol, of course, which returned from a near-death experience; and Pepsi, which promised to provide one. Now William Lozito at Name Wire notes the phenomenon of

[S]taid, established brand names like GE and Westinghouse … being licensed to consumer electronics manufacturers overseas, mostly in Asia, and com[ing] back home to dominate a segment they did many years ago.

GE, in other words, brings good things back to life. He wonders a little about whether we’re calling a spade a spade here –

I can’t help but think, however, that many consumers, when the buy products by Westinghouse, Honeywell, GE or Sylvania, must be under the impression they are “buying American.”

– but he need not. If GE says that TV is a GE, it is a GE. And that’s a privilege only GE has. They stand behind it, to whatever extent that may mean, regardless of what language they speak and what they serve in the commissary of the McFactory that spat it out. As William comes around to acknowledging, after all:

I suppose in a world where close to 40% of a Ford is made overseas, “buying American” is harder and harder to do.

And it’s increasingly less meaningful — politically, economically, technologically.

Which isn’t to say that I can’t wait till my Nissan lease is up and I can get back into a Buick. I just can’t get used to Japanese cars. I just hope the other big General — General Motors — is in business this time next year. (And that I am. I may be outsourced by then!)

Likelihood of comprehension

Originally posted 2007-01-17 00:41:21. Republished by Blog Post Promoter

You must read Marty Schwimmer’s “Annotatation of ‘How Apple could fight Cisco.’”  You’ll learn a lot about trademark law if you do and just may sound a little more educated at the next cocktail party.  Via TM Branding Cap.

Editor and Publisher: Stop the new trademark dilution bill

Originally posted 2006-04-25 15:50:18. Republished by Blog Post Promoter


Steve Yahn at Editor and Publisher tries to stir up some interest in what should be — search-term advertising and other flavors of the month aside — the trademark story of the moment:

Embedded deep in H.R. 683, “The Trademark Dilution Revision Act,” which awaits what may well be a last look in the U.S. House of Representatives before being signed into law by President Bush, is language that would remove key free-speech protections that have been part of U.S. trademark law since 1996.

Read the whole thing. He’s right on: This bill will make the Lanham Act about as self- executing for plaintiffs as you could hope, at least for “famous marks.” Be very scared if you’re not the owner of such a mark… or its retained counsel.

UPDATE:  Reaction at Editor & Publisher.

Google Stock, Credibility Tumble

Originally posted 2005-07-28 21:21:00. Republished by Blog Post Promoter

We blogged on this a while ago — the question of whether Google News is the sort of fair and balanced you’d like to see in a service that in some sense is driven by a search engine.

The Confederate Yankee blog brings the story up to date: And, like the recent “profit taking” in my favorite issue on Wall Street (well, I’m diversifying a little!), it isn’t pretty. (H/T to the Pretender.)

Of course, we conservatives don’t go and divest our stock holdings over every little thing. Yeah, I’m holding

Ingenious, fair thoughts on fair use

Originally posted 2006-05-10 17:25:16. Republished by Blog Post Promoter

The Fire of Genius, a new blog by Joseph Scott Miller (no, it’s not about any particular genius), a professor at Lewis & Clark Law School in Portland and an alumnus (as I am) of one of the top ten law schools in the country (oops!), asks and points to possible answers (which sound right to me) about the profound cultural significance of fair use — a once-respected legal doctrine that is on the ropes in the courts and, in light of recent developments, in Congress these days. Add this one to your blogroll!

Anonymous victim

Originally posted 2006-10-05 18:23:32. Republished by Blog Post Promoter

The Anonymous Lawyer seems to have hit some sort of new plateau.

No more Wikipedia…

Originally posted 2006-08-28 18:59:16. Republished by Blog Post Promoter

… for Patent Examiners. Trademark practitioners are, however, still stuck with it and its unpredictable effects.

New reporting requirements for webcasters

Originally posted 2006-10-12 11:26:18. Republished by Blog Post Promoter

Crack broadcasting consultant John Catlett, who sits with me on the advisory board of WPRB in Princeton and like me is an alumnus of the station (and who unlike me followed his broadcasting jones for life), reports on an item in the Radio And Internet Newsletter (some links added):

The Copyright Royalty Board (CRB) has just announced the required recordkeeping format for Internet webcasters streaming on the Internet. The full text of the decision can be found here.

Basically, the requirements set forth by the CRB obligate those streaming their signals on the Internet must keep track of the music that they play for at least two weeks of every quarter, and report that music to SoundExchange in an ASCII format. The CRB found that an ASCII formatted report could be generated by Excel or Quattro Pro spread sheets…

The article links back to this blog post at the Broadcast Law Blog.

Politically incorrect trademarks, continued

Originally posted 2006-08-26 23:12:00. Republished by Blog Post Promoter

Bad feelings from (not so?) long ago get played out across the China Straits.

Just how much should trademark registration reflect personal, national, or ethnic sensibilities? This question continues to linger.  But not in China.

UPDATE:  Looking for a post about the TTAB’s Redskins decision maybe?

Blawg review

Originally posted 2007-07-23 13:42:18. Republished by Blog Post Promoter

It is to laugh.

Welcome back to winter, confusion

Originally posted 2006-11-26 11:56:07. Republished by Blog Post Promoter

Now that the Macy*s Thanksgiving Day Parade ® — yes, that’s a registered trademark — has completed its mawkish coup de grâce on the warm season, perhaps in return we will merit a thaw in the stream of IP-related news that has settled over my little piece of Gotham for the last week or so. Get on a warm sweater and hunker down for the big-dog weather, and welcome back to your cubicles and corner offices.