Trademark law

Rocktober Trademark Application Draws Comedic Coverage

December 1st 2007

Back in October, before the Rockies met the Sox, someone in the Rockies’ business office thought they should try to trademark their fans’ cheer. We discussed this both as a misuse of trademark and as disrespectful of their own fans’ enthusiasm.  Now The Onion has weighed in with parody news coverage on this burning trademark issue.

Tiffany vs. eBay: Responsibility and Competition as a Trademark Case

November 14th 2007

In a potentially precedent-setting trial, Tiffany & Co. has sued eBay for contributory trademark infringement, claiming the online auction company allowed the sale of counterfeit Tiffany jewelry on its site. The case is likely to turn on whether, as Tiffany charges, “eBay turns a blind eye to fraud,” or whether eBay’s responsible moves to prevent and aid in […]

Chicago Architecture Foundation Case Uses Pay Per Click Ads to Establish Jurisdiction

November 6th 2007

The Case: Domain Magic LLC, a Florida-based company, registered the domain chicagoarchitecturefoundation.org. They developed a website about Chicago-area attractions, then passively generated revenue through Google AdWords.  The Chicago Architecture Foundation sued for trademark infringement in Illinois. Domain Magic filed a motion to dismiss the case for lack of personal jurisdiction, noting they had not conducted […]

Colorado Rockies Can’t Have Rocktober Trademark……(Sorry guys)

October 25th 2007

Sports Illustrated reports the Colorado Rockies baseball team filed a trademark application with the USPTO seeking exclusive rights to their fans’ rallying cry “Rocktober.” But there are three fatal problems with this claim.

Trademark Holders Should Now Consider .ASIA Registration

October 14th 2007

This week trademark holders began registering for .ASIA domains. This new top level domain provides regional coverage for 73 countries including Austrialia and New Zeland.  The region has more than 400 million internet users, compared to 320 million in Europe and 230 million in North America. Trademark  holders should pay special attention to this issuance because it […]

Google Files for Dismissal of American Airlines Adwords Trademark Suit

October 14th 2007

Google’s motion is an attempt to scrape away the assorted claims made by American before any stick legally or in public opinion. This article summarizes the complaint, the response, and presents perspectives which may be useful in considering this case.

See a Trademark Appeal in Boston, Followed by Discussion and Reception

October 2nd 2007

Friday, October 26, 12:30-6:00 pm The Boston Patent Law Association and the Suffolk University Law School IP Concentration are sponsoring a program which includes the presentation of final arguments to the TTAB in Boston. Trademark Trail and Appleal Board Blogger, John L. Walch, will participating the day’s panel discussion.