Trademark law

The State of Business and Law in Virtual Worlds

May 12th 2008

Are virtual worlds a technology distraction, or the next frontier for major brands?  That’s the question I took on in Thomson CompuMark’s most recent client newsletter. If you’d like some concrete examples of how brands are experimenting in virtual worlds, and to find out about the array of legal issues being taken on by early […]

Track Intellectual Assets to Stay Ahead of Competitors and Tomorrow’s News

May 9th 2008

The way your competitors acquire, protect, and promote their intellectual assets can inadvertently signal their next moves. Increasingly savvy marketers are following how competitors manage their intellectual assets to get a sense of what they’re preparing to do next. The intellectual assets we’re discussing here include the rights conferred by intellectual property, human knowledge secured […]

No Magenta for You! T-Mobile Sees Red Over Magenta

April 5th 2008

Last week Deutsche Telekom, owners of the global T-Mobile brand, sent the website Engadget a late birthday present: a hand-delivered letter direct from their German legal department, requesting the prompt discontinuation of the use of the color magenta on Engadget Mobile. However, rather than gaining cooperation, T-Mobile has generated a host of unintended consequences. Engadget […]

Virtual Worlds Conference Kicks Off in New York

April 3rd 2008

Today’s conference kicked off with Chuck Scothon, General Manager and SVP , Girls Mattel Brands, and Rosie O’Neill, who is Sr. Brand Manager and “Chief Barbie Girl.”  That means she manages development of initiatives including the BarbieGirls.com virtual world. Social critics suggest such toy centered worlds provide a pedagogy of consumerism, and make products and […]

Proposed Trademark Bill Criminalizes Domain Name Infringement

March 13th 2008

Maine Senator Olympia Snowe (R) introduced a bill (S. 2661) on February 25, 2008, known as the “Anti-Phishing Consumer Protection Act of 2008” (APCPA). The proposed legislation seeks to fight trademark infringement and phishing schemes. However, some believe the proposal goes too far. Complaints include:  Creating unnecessary bureaucracy Presuming guilt and therefore denying the fundamental […]

ABA Committee’s Anti-Consumer Take on Keyword Advertising

February 25th 2008

Corynne McSherry and Eric Goldman have posted a joint warning about proposals being considered by the the Trademark Litigation subcommittee of the American Bar Association’s IP Section.  Several expert sources (quoted below) have already written about this, and I add some thoughts to theirs after that.

Keyword Ads and The Public’s Domain in Trademark Law

February 23rd 2008

When you type a phrase like “Ford models” into a search engine, you aren’t necessarily searching for the Ford Motor Company.  You may be searching for information from news sources to learn if Ford tires still catch fire. If that were the case, you’d probably want an disinterested analysis from outside the company.  Or you […]

Trademarks in a Web 2.0 World

January 18th 2008

Sometimes someone says something in conversation that ripples out to more discussions. Catherine Douglas did that this fall, at a forum with around 80 trademark professionals. She reflected on her work for Rogers Communications and, before that, for Kelloggs, which has allowed her to see the factors that have changed IP law practice, as well as the […]

No confusion about SPAM, Spam, & Spam

December 10th 2007

Spam Arrest, a provider of software and services aimed at stopping email spam, has won a U.S. Trademark Trial and Appeal Board ruling, allowing it to keep its trademark despite a petition from canned-meat producers Hormel. The TTAB blog quotes the ruling: “Simply put, the scope of protection of petitioner’s mark, while extremely broad, does not […]

Trademarks in Virtual Worlds

December 2nd 2007

Part 3 in a series: Part 1 | Part 2 An avatar walks into a bar in Second Life, and another avatar looks at his shoes and says, “Hey! Nice Air Jordans!” Although it sounds like a classic joke set-up, it’s really a case of trademark infringement. Sorry if you’re disappointed there’s no punchline, but […]