By nearly any measure, the iPhone has been a major success. Aside from its ubiquity as a device, it’s App Store has been something that Apple has built a whole series of ads around. What’s a competitor like Verizon Wireless to do when a single device is getting so much press?
Trademarks
What Glenn Beck Didn't Do May Come Back to Haunt Him
Interesting news on the First Amendment and Internet front comes from TechDirt.com. Apparently, a joke on Fark got a little out of hand, or perhaps it's really in-hand, depending on your point of view.
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10110101®: The Second Circuit holds Google’s alleged use of Rescuecom’s trademark constituted “use in commerce” within the meaning of the Lanham Act.
Friday, the Second Circuit issued an opinion reversing the district court’s granting of Google’s 12(b)(6) motion to dismiss a complaint which alleges that Google’s use of Rescuecom’s mark constitutes infringement, false designation of origin, and dilution under the Read more ...
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Struck by a Trademark
There’s been a lot of buzz regarding the similarities of the Obama and Pepsi trademarks.
Many have blogged on the similarities, and debated who copied whose logo. Pepsi proudly endorses its new logo on its website, and extended the similarities with its “Yes You Can” campaign, a video of which can be seen here.
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Cybersquatting: Verizon’s Sysiphean Attempt to Stem the Tide
In December 2008, United States District Judge Jeremy D.
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Typosquatters are Trespassing on Trademarks
Harvard Business School professor Benjamin Edelman has filed a class action lawsuit to fight the widespread trademark infringement called “typosquatting.” Typosquatting is the practice of registering domains that are very similar to the domain name of popular businesses, often purchasing domains that are common misspellings of the proper website.
Techno-Czar
On Monday, President Bush signed a bill into law that creates a point-man (Technology/IP Czar) in the government to continue the fight against piracy. The IP Czar would be in charge of coordinating efforts to fight IP infringement in all areas of IP including copyright and patent.
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Article: Misappropriation of Trademark
North Carolina Journal of Law and Technology, Volume 9, Issue 2, Page 171 (July 2008)
Abstract
The dominant view of misappropriation doctrine fits trademark law poorly. It is at odds with contemporary theory and the reasons for protecting intellectual property. A more nuanced view of the Supreme Court’s germinal misappropriation case leads to a misappropriation doctrine consistent with both externality theory and public goods theory. When viewed this way, IP theory and misappropriation doctrine then lead to rules reflecting a balance between incentive creation and free access.
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Article: The 2006 Trademark Dilution Revision Act Rolls Out a Luxury Claim and a Parody Exemption
North Carolina Journal of Law and Technology, Volume 8, Issue 2, Page 204 (July 2007)
Abstract
In 2006, Congress changed federal trademark dilution law when it enacted the Trademark Dilution Revision Act (“TDRA”). This Article first outlines the history of the dilution doctrine in the United States so that the changes enacted through the TDRA may be understood contextually. The TDRA's new provisions are then delineated and explained. The author argues that the TDRA narrows the scope of federal dilution protection.
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Note: World Wrestling Federation, Inc. v. Michael Bosman: Icann's Dispute Resolution Policy At Work
North Carolina Journal of Law and Technology, Volume 1, Issue 1, Page 3 (June 2000)
Abstract
No abstract available.
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