Archive

2007-02-27 QC Stats

Tue, 27 Feb 2007 11:00:00 EST

2007-02-27 Quality Control Stat

Internal Use of Competitor's Common-Law Marks Within Online Store?

Wed, 21 Feb 2007 12:53:00 EST

Eric Goldman brings up an interesting case where a lawsuit over the misuse of purchased, trademarked keywords turned into a counterclaim for plaintiff's misuse of defendent's common-law marks as product indentifiers on their website. The case was eventually settled in the defendent's favour.

Congress Tackling Patent Reform

Wed, 21 Feb 2007 12:22:00 EST

"Although Congress has long considered the patent system a shambles and has attempted to pass corrective legislation several times in the past, the issue is so sprawling and integral to the U.S. economy that progress has come slowly and in grudging increments. But lawmakers in the current Congress have vowed anew to clean up a system overwhelmed by frivolous patent applications and expensive lawsuits."

2007-02-20 QC Stats

Tue, 20 Feb 2007 12:16:00 EST

2007-02-20 Quality Control Stats

ASIA Top Level Domain Around the Corner

Fri, 16 Feb 2007 10:06:00 EST

Get ready for the rush. With the introduction of the .ASIA TLD coming, trademark owners are getting ready to register their trademarks with the new domain. Failing that, they're getting ready to sue whoever inadvertently or purposefully registers a domain using their trademarks. With a market of over 400 million internet users (and growing quickly), the new Asian TLD will give trademark owners a chance to endorse their marks in the quickly growing economies of the East.

2007-02-13 QC Stats

Tue, 13 Feb 2007 12:09:00 EST

2007-02-13 Quality Control Stats

Advertising on the Fly

Tue, 13 Feb 2007 11:47:00 EST

Does this count as proof of use of mark in commerse? A different kind of skywriting.

CBC Wins Back Hockey Night in Canada

Fri, 9 Feb 2007 9:49:00 EST

The Canadian Broadcasting Corporation won a battle over the domain name hockeynightincanada.ca. The cybersquatter, Ghalib Dhalla, had registered the domain on Nov 8th, 2000 and allegedly contacted the CBC to negotiate a transfer at a price that nicely totalled roughly the costs it would take to claim the domain name under the CIRA Domain Name Dispute Resolution Policy (CDRP).

Sixth Circuit Censures Cybersquatting

Thu, 8 Feb 2007 13:58:00 EST

"The U.S. Court of Appeals for the Sixth Circuit upheld a district court's award of summary judgment, injunctive relief and attorneys' fees in favor of Audi AG, holding that Defendant Bob D'Amato infringed and diluted the world-famous AUDI, AUDI FOUR RING LOGO, and QUATTRO marks (the 'Audi Trademarks'), along with the distinctive trade dress of Audi's automobiles, and violated the Anticybersquatting Consumer Protection Act (ACPA). Audi AG and Volkswagen of America, Inc. v. Bob D'Amato, Case No. 05-2359(6th Cir., Nov. 27, 2006) (Martin, J.)."

Beware Proper Name Abbreviations

Wed, 7 Feb 2007 10:29:00 EST

In a precedential decision, the TTAB ruled in favour of the Opposer in BARBARA'S BAKERY, INC. vs BARB'S BUNS BAKERY, INC. Besides the similarity of names, both marks had the same listed goods. On top of this, Barbara's was deemed a "strong mark" due to its renown in the health food industry. With all of this stacked up against the Opposed, Barb's Buns was deemed likely to confuse.

2007-02-06 QC Stats

Tue, 6 Feb 2007 11:12:00 EST

2007-02-06 Quality Control Stats

eBay No Longer Listing Virtual Property Auctions

Mon, 5 Feb 2007 10:55:00 EST

Due to the legal complexities of ownership when it comes to virtual property, eBay has publicly stated that it will officially no longer list auctions for the sale of virtual property in most cases: "The seller must be the owner of the underlying intellectual property, or authorized to distribute it by the intellectual property owner."

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