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The Trademark Blog
RSS Feed URL : http://trademark.blog.us/blog/rss.xml
Category : Legal
Total Views : 72
Latest entries from this feed url
Chooclate Bunny Suit

Bloomberg: "Lindt Defends Chocolate Bunny Rights in Eurpose at Top EU Court":

Lindt & Spruengli AG's European trademark rights on a chocolate Easter bunny wrapped in gold foil were gained ``honestly and fairly'' and it should be able to block copies, Lindt told the European Union's highest court.


Searches Led Away From Brand Sites

MediaPost.com: Searchers Led Away From Brand Sites:


More than one in 10 U.S. Internet searches for leading brands end up clicking away from the brand owner's Web site, according to a recent report from research firm Hitwise.


McCain's Memo in Motion to Dismiss Jackson Browne's Copyright Suit

Memo from McCain's Motion to Dismiss Copyright Action brought by jackson Browne re McCain campaign's use of 'Running on Empty.'


A. Browne's Copyright Infringement Claims Are Barred By The
Fair Use Doctrine

1. The First Factor, The Purpose And Character Of The Use,
Favors McCain Because The Use Was Made In A Non-
Commercial Political Message About Matters Of Public
Concern And Was Transformative

2. The Second Factor, The Nature Of The Copyrighted Work,
Favors McCain

3.The Third Factor, The Amount and Substantiality Of The
Use, Favors McCain

4.The Fourth Factor, The Effect Of The Use On The Potential
Market For Or Value Of Plaintiff's Work, Favors McCain

B. Browne's Lanham Act Claim Fails As A Matter Of Law

1.The Lanham Act Does Not Apply To Political Speech

2.Browne's Lanham Act Claim Is Barred By The "Artistic
Relevance" Test Imposed By The First Amendment

3.As A Matter Of Law, There Can Be No Likelihood Of
Confusion Stemming From The Political Video


Should I Become a British Solicitor?

I received a solicitation today to become a UK solicitor from these folk. I'd rather 'take silk' and become a barrister so that I can wear the robe and the horse hair wig. I could use the wig. The trips to court might be onerous.


Good Design Is Timeless And Some Times Contentless

. . . I was tempted to add "and Mindless." In any event, here is a discussion of how well designed the Drudge Report is.


Trademarks I Have Seen con't

Barbercide Large Sanitizer Jar.jpg


"Tiny Law Firm Sues Google Over Search Results"

Legal Pad: "Tiny Law Firm Sues Google Over Search Results":

The problems began with Google after Oct. 15, according to the firm’s trademark infringement suit filed in federal court last week. That’s when Powlen and Berger began punching “Global Law, 94105” into Google – let’s be honest who among you doesn’t spend most of the work day Googling your name? They did this on “several different dates” and found that the first search result read “Global Law, LLP” but linked to another law firm. Legal Pad tried it last week and found that indeed it linked to SF’s Schinner Law Group, which happens to be Powlen’s old firm.

I Can't Afford To Heart NY

icantaffordtoloveny.jpg

From here.


Who Is The Real Fake Betty Draper?

The wife and I like to kick back with a case of scotch and a couple of cartons of Lucky Strikes and watch Mad Men. I mentioned on Twitter last night that I was watching Mad Men and lo and behold this morning I receive an email that "Betty Draper" is now following me (Betty Draper is a character on the show). I wasn't able to determine whether this was a clever promotion on the part of the show or something else. This post suggests that it is a case of 'fanjacking.'

Previous discussion of Betty's husband Don Draper on Twitter here.

p.s. 'Following' someone on Twitter means subscribing to their updates. Because Twitter sends an email to a user notifying that they have a new follower, and that email contains a link to the follower's page, subscribing to strangers en masse has become a promotional (and often spamming) technique.


Something To Keep In Mind Re Social Networks

User entries on social networking cites are potentially discoverable. HT RC.


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Random News Feed
Expensive In Ireland
A consumer reports on higher prices for iPods and GPS devices in Ireland.

Just to take the iPod as an example. A 16GB iPod touch will set you back $399 (€253). In Ireland it is €369. Even if you knock off the 21% tax the Irish price is 20% more than the US one.

Read more: Why are GPS units so expensive in Ireland?


Gadget Recycling
Look for an easy consumer electronics recycling solution in a city near you soon!

The United States Postal Service recently announced a 10 city trial run of a free recycling program for used electronics.

Read more: free gadget recycling: usps goes green


HSBC Does An HMRC
This consumer reports on another loss of personal information by a bank.

HSBC says the data lost is not considered sensitive to the point of putting customer bank accounts at risk. Are they kidding? Armed with this knowledge it is pretty easy to ‘break’ over the phone call in security measures.

Read more: HSBC does an HMRC


Wearable Electronics
This consumer reports on the emerging wearable electronics market.

Every year, the world's major consumer electronics exhibitions showcase apparel with built-in gadgetry and equipment that can be used to adorn various parts of the body, and predictions are made that wearable electronics is a market set to take off.

Read more: Wearable Electronics


$200 Blu-ray Players Expected
Good news in the consumer electronics world as Blu-ray prices are expected to drop by next Christmas.

Zoran demonstrated multimedia processors for both Blu-ray and HD DVD at the Las Vegas Consumer Electronics Show in January. "While we have proceeded cautiously during the format wars, planning to go as the market and our customers direct, going forward we will fully support Blu-ray," said Dave Pederson, vice president of corporate marketing.

Read more: Blu-ray Players for $200 ‘Widely Expected’ by the Holiday Season


Priority Banking
This consumer reports on financial products available at Russian banks.

But there’s a Russian bank called Expobank which is doing things the other way round. It recently released a calendar, as most people sometimes do before the start of a year, featuring some of their female banking staff in various degrees of undress.

Read more: Priority Banking


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