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Novel Idea: Trade Dress Protection For WebsitesFri, 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 ReviewFri, 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 RelatedFri, 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 ProposedFri, 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 2006Fri, 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. Ad Keywords and Metatags: Not Likely to ConfuseThu, 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 OptimizationThu, 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 TechnologyThu, 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. Extraterritorial Application of Trademark LawsSat, 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. |
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