Court Strikes Down Left-Slanted Student Fees Funding at State U

Originally posted 2005-11-11 13:18:04. Republished by Blog Post PromoterThe online New York Law Journal (sub. required) reports: For the second time in recent months, a federal judge has chastised a student government at the State University at Albany for allocating funding in a manner that could serve to silence the conservative voice on campus. Northern District Judge David N. Hurd in a decision this week shot down a procedure that gave the allegedly liberal New…

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Ivan’s IP

Originally posted 2007-11-15 13:21:43. Republished by Blog Post PromoterBoing Boing reports on a chilling development: The Kremlin is using Russia’s new anti-software-piracy laws to target dissident media outlets and shut them down. This is an eerie echo of the Soviet era, when black marketeering and other universal activities were used as the excuse for arresting dissidents and other inconvenient people. The difference is that this time, the anti-piracy laws were enacted at the behest of... Read more

When Dot Com really can make a trademark

In an important new ruling, B.V. v. Matal, the U.S. District Court for the Eastern District of Virginia — on an appeal from the PTO under 15 U.S.  § 1071(b) — reversed the TTAB’s finding that the term BOOKING.COM is generic for travel agency and hotel reservation services. As John Welch notes, The court found that plaintiff had demonstrated that BOOKING.COM has secondary meaning as to hotel reservation services, but not as to travel agency services.... Read more

Oral argument tomorrow at the Second Circuit – Guggenheim Capital v. Birnbaum

Originally posted 2013-04-11 16:41:06. Republished by Blog Post PromoterTomorrow morning I will appear before the United States Court of Appeals for the Second Circuit, which will hear argument on a case in which I got involved after a final judgment for trademark counterfeiting was entered.  I participated in certain post-trial proceedings and later submitted the brief embedded below. Naturally I don’t want to editorialize about a pending matter, but it seems reasonable to quote from the... Read more

That special something that says “infringement”

Originally posted 2010-12-13 15:16:24. Republished by Blog Post PromoterPaul Alan Levy sends along this heartwarming news about the Jenzabar case: In a ruling this week, a Massachusetts trial judge upheld the free speech rights of a documentary filmmaking company against an effort by a Massachusetts software company to use trademark litigation to punish the filmmakers for the portrayal of one of the student leaders in the Tiananmen square protests. . . . Sidestepping the fact that neither Google... Read more

Hurricane Harvey: Have a Heart for Houston

Via @elizabethking: I spoke with World Trademark Review about the IP community’s response & outreach on #HurricaneHarvey Link: #Houston — Elizabeth King (@ElizabethKing) September 5, 2017 And here’s the hook for HIPLA (the Houston Intellectual Property Law Association): HIPLA wishes each of our members and their families well in this difficult time of repair and recovery from Hurricane Harvey. While there is no doubt that Houston will recover from this disaster, there are members... Read more

Likelihood of persuasion

Originally posted 2013-05-27 10:36:57. Republished by Blog Post PromoterRick Hasen expresses understandable concern over a footnote in the recent Supreme Court opinion in Exxon Shipping Co. v. Baker, suggesting that a certain set of studies is not worthy of consideration because it was “litigant-funded.” Here’s the footnote: The Court is aware of a body of literature running parallel to anecdotal reports, examining the predictability of punitive awards by conducting numerous “mock juries,” where different “jurors”... Read more

Labor Day Special: Nailing the arm and hammer trademark (Archive post)

It’s Labor Day weekend — what better time to talk about that great symbol of  militant labor and refrigerator deodorizing, the ARM & HAMMER? I have in the past wondered about a given trademark and found, to my surprise, that as well known as it was, the trademark story itself had gotten scant attention.  This was certainly the case regarding the now-defunct trademark, BATES STAMP.  Not so, however, regarding the Hammer. When you see this symbol... Read more

McDonald's Family of Marks

Best of 2009: McBummer: Thoughts on the McFamily of Trademarks McConcept

Originally posted 2015-01-27 13:00:34. Republished by Blog Post PromoterI’ve written before about the odd cultural juxtaposition of McDonald’s and the Muslim world.  It turns out I don’t know the half of it!  Now McDonald’s has lost its effort to extend its monopoly of “Mc”-family trademarks in Malaysia, which bucked the colonialist-lackey trend of extending American-style “McFamily Values” to the rest of the globe: The Oak Brook-based fast-food giant took offense at McCurry Restaurant, a Malaysian joint... Read more