The following is a trademark disclaimer that I found in a textbook recently, although I’m not sure that ‘disclaimer’ is the correct term. I haven’t noticed provisions drafted like this before and I’m really not sure what it’s getting at. I’d be interested in others’ thoughts…
“All terms mentioned in this book that are known to [...]
Entries Tagged as 'Trademark Law'
Trademark Disclaimer?
February 3rd, 2012 · 8 Comments
Tags: Trademark Law
I’m a Pepper, You’re a Pepper, Dublin’s not a Pepper Anymore
January 28th, 2012 · No Comments
To follow Mike’s shift toward anti-competitiveness (and beverages):
Dublin Dr. Pepper and Dr. Pepper Snapple Group have settled their trademark licensing dispute and Dublin Dr. Pepper, the beverage darling of the Lonestar State, is no more.
Dublin Dr. Pepper is a Texas favorite. This original Dr. Pepper was created in 1891, and its birthday is still celebrated [...]
Tags: The Trouble With Trademarks · Trademark Law
Call for Submissions: IP/Cyberlaw Articles
January 19th, 2012 · No Comments
On behalf of the editors of JOLTI at Case Western Reserve, some readers may be interested in the following:
Call For Submissions
Case Western Reserve’s Journal of Law, Technology & the Internet is searching for a final article to publish in its spring edition. Any scholarly work related to cyber law, intellectual property law [...]
Tags: Academia · Copyright Law · Intellectual Property Law · Law & Technology · Patent Law · Trademark Law
Velvet Underground, Warhol, and Wiz: A Slippery IP Tale
January 12th, 2012 · No Comments
[Updated January 15, 2012: I changed the post title, because I am still learning that search engines dislike non-literal titles. The original title was "'W"'Stands for Infringement."]
An emerging by-product of Pittsburgh’s claim to be a new entertainment capital (see blog post here – the claim is not entirely without merit, as a lawyer might say) [...]
Tags: Copyright Law · Trademark Law
From the Dumb Props Department Files…
December 24th, 2011 · No Comments
So, I read that Louis Vuitton is suing Warner Brothers for the line “Careful, that is a Louis Vuitton” in the movie “The Hangover II.” This got my hackles up – after all this IS a nominative use, unlike Bella’s Twighlight Jacket, and it is a non-trademark use – a description of the bag that’s presumably [...]
Tags: Intellectual Property Law · Trademark Law
Centers on Law and IP (Or: Perhaps We’ll Just Call It Flurm)
December 21st, 2011 · 9 Comments
We have received a cease and desist letter demanding that we change the name of our IP center from “Center for Law and Intellectual Property” because it infringes the rights of Fordham University’s “Center on Law and Information Policy.” The letter also demands that we not use the acronym CLIP whatsoever in reference to our [...]
Tags: Academia · Intellectual Property Law · The Trouble With Trademarks · Trademark Law
Son of SOPA
December 15th, 2011 · No Comments
The House Judiciary Committee held a markup hearing today on the Stop Online Piracy Act, H.R. 3261, the bill that is quickly shaping up to be this year’s big copyright battle. I’ve written two prior posts on the bill, Part I and Part II.
This is a good opportunity to recap where I came out at [...]
Tags: Copyright Law · Trademark Law
When Easy Cases Make Bad Law
December 2nd, 2011 · 4 Comments
I want to pick up on a topic nicely covered by Greg Lastowka — the recent case involving Bella’s jacket from the movie Twilight. Perhaps you’ve heard of it — the movie, I mean, not the case.
There is a maxim that “Hard Cases Make Bad Law.” Today I want to talk about a lesser used [...]
Tags: Intellectual Property Law · Trademark Law
Regarding Bella’s Jacket
December 1st, 2011 · 1 Comment
I feel like I’m scooping Jacqui here, since she’s the Madisonian Twilight expert, but I was so bothered by the recent district court decision in the Bella’s Jacket Brouhaha that I’m chiming in on the intersection of intellectual property and teen vampires.
Twilight is probably part of basic 21st century cultural literacy, so I’ll presume [...]
Tags: Art and Politics · Copyright Law · Intellectual Property Law · Online Norms and Culture · The Trouble With Trademarks · Trademark Law
A Gross and Revolting Sex Film
October 24th, 2011 · No Comments
The Internet and “user-generated [amateur and homemade] content” have decimated much of professional porn, but the so-called “Golden Age of Porn” remains — decades later — more than a matter of historical interest. The copyright owners of two porn “classics,” Debbie Does Dallas and Deep Throat, have settled their differences via a consent decree, each [...]
Tags: Trademark Law
Because euphemisms for the female body and restaurants just go so well together.
October 19th, 2011 · No Comments
[This is largely a comment to Alfred’s post below, but it’s long and I wanted to include some links so put it here as a separate post. MC]
Perhaps the lawsuit Alfred discusses below could also be filed under “karma”… Last November, Twin Peaks filed a complaint here in the Northern District of Texas alleging that [...]
Tags: Intellectual Property Law · Trademark Law
Westinghoused
October 13th, 2011 · No Comments
Trademark scholars, take note of a trade name that could have — but did not — become generic for something truly awful, and at the instance of Thomas Edison no less. Google, Inc. worries about consumers using “to google” as a verb. George Westinghouse had other things to fry. Or so Edison claimed.
In the wake [...]
Tags: Trademark Law
There Will Always Be an England
October 4th, 2011 · No Comments
The owner of a Birmingham (UK) comedy club named “Glee” has sued 20th Century Fox, producer of the television show “Glee” (now broadcast in England) for trademark infringement.
Apparently, he has a registration for “The Glee Club,” dating from 2001, or perhaps 1999, for entertainment services. According to the local paper:
The 43-year-old claimed the hugely-successful series [...]
Tags: Trademark Law
Gadgets, Widgets, and Things
September 26th, 2011 · No Comments
Oh my, as Dick Enberg (or was it Dorothy Gale?) would say.
A federal magistrate judge in Louisiana granted a defense motion for summary judgment the other day in a case brought by Firefly Digital against Google, seeking to enforce Firefly’s “Gadget” mark, and some related marks (”Website Gadget”) registered at both federal and state levels, with [...]
Tags: Trademark Law
A “Terrible” Trademark Ruling
September 8th, 2011 · 2 Comments
Here is an update to my recent post about the Pittsburgh Steelers’ Terrible Towel trademark and my questions about the validity of the mark in view of the (i) licensing relationship between the owner of the mark (the Allegheny Valley School) and the licensee of the mark (the Steelers), which appears to be entirely appropriate [...]
Tags: Trademark Law
Another Terrible Trademark Question
August 26th, 2011 · 1 Comment
The Terrible Towel trademark is on the move again.
The Terrible Towel is a Pittsburgh Steelers tradition. It’s a piece of cheap yellow (or gold) terrycloth emblazoned with a “Terrible Towel” (TT) logo; Steelers fans twirl the towels by the thousands whenever and wherever the team plays.
Earlier this year, when the owner of the TT mark [...]
Tags: Trademark Law
Dragon Tattoo IP
June 18th, 2011 · 3 Comments
Eva Gabrielsson, the girlfriend of the late Stieg Larsson (author of the popular Dragon Tattoo books) has just completed a memoir on her life with the author. I was struck by the cover design of her book, at least the version to be released in the U.S. It seems highly reminiscent of the cover designs [...]
Tags: Art and Politics · Copyright Law · Intellectual Property Law · Trademark Law
Cities and Brands, Again
June 15th, 2011 · 3 Comments
We have a theme this week: Cities and their images. For earlier posts, see this (San Francisco and Los Angeles), and this (Pittsburgh today), and this (Dallas and Austin).
Let’s add Boston.
As a handful of you know, the Boston Bruins ice hockey team has been competing in the National Hockey League playoffs this Spring. (As I write, [...]
Tags: Just for Fun · Trademark Law
Is That Trademark Misuse, Hon?
June 6th, 2011 · 3 Comments
Down in Baltimore (or depending on your locale, up in Baltimore, over in Baltimore, or out in Baltimore), there is a tempest brewing over the word “Hon” — as in, “Can I warm that up for you, hon?”
The term has long been a part of Baltimore’s collective culture, so much so that the city is [...]
Tags: The Trouble With Trademarks · Trademark Law
Band-Aid
May 29th, 2011 · 2 Comments
A ton of virtual ink has been spilled in recent days over the IP issues surrounding tattoos, Mike Tyson, plastic surgery, and body modification. Just in the legal academic blogosphere, see here, here, and of course here. Perhaps it is time for a different minor topic.
Out in Colorado, the nose of Hall of Fame [...]
Tags: Trademark Law