Federal Circuit Refuses to Register Pennzoil’s Clear Motor Oil Bottle as a Trademark
By John Ottaviani I tend to like “non-traditional” trademarks, such as color, sound, buildings, furniture designs, etc. So while we are “waiting for Grokster,” I note that the Federal Circuit recently affirmed, per curium, the 2004 decision by the Trademark…
AWOL Opinions
While we are on Grokster watch, I also have been thinking of two opinions that seem to have disappeared into the void: * Second Circuit opinion in 1-800 Contacts v. WhenU. The district court ruled in December 2003, the parties…
New Reality TV Show IP Case
RDF Media Ltd. v. Fox Broadcasting Co., 74 USPQ2d 1769 (C.D. Cal. May 11, 2005) [BNA subscription required]. The producers of “Wife Swap UK” sued Fox for its “Trading Spouses” TV show, alleging copyright infringement and direct/contributory trade dress misappropriation….
Trademark Adjacency Presentation
I’m giving a talk at Law & Society Association’s annual meeting this Thursday in Las Vegas called “Trademark Adjacency.” A preview of my slides.
New Gripe Site Case–Faegre & Benson v. Purdy
Faegre & Benson v. Purdy, Civil File No. 03-6472 (D. Minn. Apr. 27, 2005). Another ruling in the long-running story of William Purdy, an anti-abortionist who uses extreme forms of gripe sites against his targets. This particular ruling was a…
New Initial Interest Confusion Case in Sixth Circuit
Stilson & Associates v. Stilson Consulting Group, 2005 Fed. App. 0363N (6th Cir. May 6, 2005). Alden Stilson founded a civil engineering firm in the 1940s called “Alden Stilson & Associates.” By the 1980s, the name devolved to “Stilson &…
New Search Engine Keyword Lawsuit–Panicware v. Stopzilla
Panicware v. International Software Systems Solutions (SDNY complaint filed April 27, 2005). Panicware is suing a competitor Stopzilla for purchasing ads triggered by the keyword “POP-UP STOPPER,” which purportedly diverts Panicware’s customers. As the press release says, “There is no…
Calboli on Trademark Assignment in Gross
My colleague Irene Calboli has written a paper on trademark assignment in gross entitled Trademark Assignment With Goodwill: A Concept Whose Time Has Gone, scheduled to be published in the Florida Law Review later this year. She thoroughly recounts the…
Widmaier on Internet Trademark Law
Uli Widmaier of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP has written an important new article, Use, Liability, and the Structure of Trademark Law, 33 Hofstra L. Rev. 603 (2004). The article makes a persuasive argument why keyword triggering should…
Walmart Foundation Uses Copyright to Curtail Griper
The Walmart Foundation has gone after the gripe site “walmart-foundation.org” using 512(c)(3) notices to take down images that the griper took from walmartfoundation.org. A few observations about this: * copyright is an extremely effective tool against gripers. Using a 512(c)(3)…