Archive

2007-01-30 QC Stats

Tue, 30 Jan 2007 13:34:00 EST

2007-01-30 Quality Control Stats

Novel Idea: Trade Dress Protection For Websites

Fri, 26 Jan 2007 17:15:00 EST

It's interesting that such protection hasn't been sought for before now. It isn't hard to see why some internet businesses would consider their website their "total image and overall appearance." Furthermore, since websites are composed of "features such as size, shape, color or color combinations, texture, graphics, or even particular sales techniques" it's not unreasonable, if unprecedented, that a website could potentially be considered a trade dress. In Blue Nile, Inc. v. Ice.com, Inc., No. 06-1002RSL, 2007 WL 172613 (W.D. Wash.), just such a case was settled.

Canadian IP: 2006 in Review

Fri, 26 Jan 2007 12:04:00 EST

A big thanks to Fasken Martineau's Intellectual Property Group for this round-up of the biggest decisions and changes of 2006 in Canadian Intellectual Property Law.

Door Hardware and Toilets Related

Fri, 26 Jan 2007 11:58:00 EST

In Kohler Co. v. Baldwin Hardware Corp., the TTAB found that with the identical use of DEVONSHIRE by Baldwin Hardware for "metal door hardware, namely, locks, latches and knobs," was likely to confuse with Kohler's previously used DEVONSHIRE in association with toilets.

Amendments to Trademark Regulations Proposed

Fri, 26 Jan 2007 11:22:00 EST

In the December 23rd, 2006 issue of Canada Gazette, Part I, amendments to the trademarks regulations were pre-published to allow interested parties to review the changes and provide their imput. Unfortunately, if you're reading this now, the deadline to submit your imput was January 22nd, 2007.

From Fraud to Flavor, Top Ten of 2006

Fri, 26 Jan 2007 10:28:00 EST

With over 500 final decisions being issued in 2006, 57 of which are cited as precedential, John L. Welch of the TTABlog gives us what he believes are the top ten decisions of 2006 according to importance and just plain interest.

2007-01-23 QC Stats

Tue, 23 Jan 2007 11:15:00 EST

2007-01-23 Quality Control Stats

2007-01-16 QC Stats

Tue, 16 Jan 2007 9:19:00 EST

2007-01-16 Quality Control Stats

Ad Keywords and Metatags: Not Likely to Confuse

Thu, 11 Jan 2007 11:30:00 EST

Does using a keyword ad constitute a trademark use in commerce? That depends on who you ask. In a (small but significant) step closer to resolving this issue, the defendant in J.G. Wentworth SSC Ltd. v. Settlement Funding LLC, No. 06-0597 (E.D. Pa. January 4th, 2007) got the win with a summary judgement on the likelihood of consumer confusion--something that, as far as I know, hasn't happened before. Specifically, the court holds: "Even accepting plaintiff's allegations as true - i.e., assuming that defendant did in fact use plaintiff's marks through Google's AdWords program or in the keyword meta tags for its website - as a matter of law defendant's actions do not result in any actionable likelihood of confusion under the Lanham Act."

Trademark Abuse in Search Engine Optimization

Thu, 11 Jan 2007 11:30:00 EST

Search Engine Optimization in the process by which a company will shape their website's content, often in the form of invisble content, to help their site get higher rankings in search engines. Most of the time, this process is done with good intents. However, this can also lead to a company's competition invisibly using that company's brands to misdirect search engine traffic. Is this Trademark infringement? Michelle C. Burke and James Griffith of McDermott Will & Emery investigate.

With Shared Trademarks, Beware Evolving Technology

Thu, 11 Jan 2007 11:30:00 EST

Davies Ward Phillips & Vineberg brings us a warning about evolving technology when a shared trademark is concerned. In Apple Corps (TM) v. Apple Computer (TM), Apple Corps claimed that Apple Computer was infringing on their mark by entering into the field of music content with their successful iTunes content delivery system.

2007-01-09 QC Stats

Tue, 9 Jan 2007 10:10:00 EST

2007-01-09 Quality Control Stats

Extraterritorial Application of Trademark Laws

Sat, 10 Jun 2006 12:06:00 EST

'Remote trademark owners who peacefully coexisted in a time before the internet and increasing globalism are now bumping heads. The internet also has made it easier for unscrupulous operators to deceive consumers and divert customers from established businesses by misappropriating trademarks on websites and in domain names.' If these companies or website owners are established in a country other than your own, what steps are available, and what progress has been made recently in allowing new kinds of measures to combat extraterritorial trademark infringement? Rami S. Yanni and Robert Zelnick of McDermott Will and Emery investigate.

CDNameSearch News

Thu, 4 Jan 2007 11:15:00 EST

New Software Release 8.5.4 build 64

2007-01-03 QC Stats

Thu, 4 Jan 2007 11:12:00 EST

2007-01-03 Quality Control Stats

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