Archive for May, 2006

No Special gTLD for Porn

Thursday, May 18th, 2006

ICANN has decided that it will not authorize the use of the gTLD .xxx for adult websites.

ICANN’s Board voted 9 to 5 against the proposed agreement. Though the press release points to policy concerns, would clearly identifying adult websites (by using .xxx) be in the public interest?

[ICANN Announcement]

No Special gTLD for Porn

Thursday, May 18th, 2006

ICANN has decided that it will not authorize the use of the gTLD .xxx for adult websites.

ICANN’s Board voted 9 to 5 against the proposed agreement. Though the press release points to policy concerns, would clearly identifying adult websites (by using .xxx) be in the public interest?

[ICANN Announcement]

Galileo Allowed To Take Off

Thursday, May 18th, 2006

The Luxembourg Court of First Instance has concluded that the European Commission may continue to call its satellite navigation project Galileo. What’s the issue, you might be wondering.

Well, Galileo International Technology (an online airline reservation company) sued to enjoin use of the name for the space project or, alternatively, that the court order the European Commission to pay damages or compensation (I assume a sort-of compulsory license). The court did neither.

The court concluded that there was no risk of confusion — at all. In denying GIT’s claims, the court noted, “in choosing the Galileo name to designate their brands, products and services, the plaintiff could not ignore that they were inspired by the first name of the famous Italian mathematician, physician and astronomer, one of the largest personalities in European scientific culture,” and that the plaintiff(s) “exposed themselves to the risk” of a trademark dispute.”

[source]

Aroma Trademark

Thursday, May 18th, 2006

According to this article, a Lithuanian restaurant chain wants trademark rights in the smell of pizza. It claims the smell for which it seeks protection is “closely associated” with its own pizzas.

“Opinion polls show that many consumers in Lithuania identify the pleasure of eating pizza with our trademark,” said Mindaugas Gumauskas, marketing director of the Cilija company. “This makes us believe that the scent of freshly baked pizza is a subject to our copyright.”

Or trademark…

[second article]

Accurate?

Wednesday, May 17th, 2006

According to this article:

The city of Santa Cruz cannot market itself as “Surf City USA.”

At least that’s what the U.S. Patent and Trademark Office ruled.

The cities of Santa Cruz and Huntington Beach have been arguing over the title and the right to brand it.

While some Santa Cruz residents were upset, others said it did not matter.

Others said it could lead to lost tourism revenue for Santa Cruz.

The trademark means that Huntington Brach now has the right to advertise, market and promote itself as “Surf City USA.”

Though the article is fairly sparse on details, based on the facts contained in the article, it seems that the conclusion that “Santa Cruz cannot market itself as ‘Surf City USA’” is a bit premature or imprecise.

The USPTO cannot enjoin an entity from using a trademark. All it can do is refuse federal registration of a trademark. It is not a court and is not empowered to enjoin marketing.

Santa Cruz could certain continue to call itself Surf City USA (without a ®, of course)…at the risk of a lawsuit brought by Huntington B[e]ach. But, all the USPTO did was refuse registration.

–> Another article

A Regional PTO?

Wednesday, May 17th, 2006

It would seem that the U.S. Patent & Trademark Office is considering opening at least one regional office. One city in the running is Denver.

Interesting…

Budweiser v. Budvar

Wednesday, May 17th, 2006

In its ongoing battle with Czech beer brewer Budejovický Budvar, Budweiser has scored a win in Sweden. See here (you need to scroll down a bit).

A Swedish court enjoined Budejovický Budvar from using the trademark Budweiser Budvar on advertising and packaging for beer finding that Anheuser-Busch has the exclusive right to the Budweiser mark in Sweden.

The Swedish Supreme Court refused to hear Budejovický Budvar’s appeal. According to the article, Anheuser-Busch and Budejovický Budvar are engaged in contentious proceedings regarding the Budweiser and Bud marks in over 40 countries.

Another link.

Pharma Round-up

Saturday, May 6th, 2006

Leading with big profits for Sanofi-Aventis, here is a round-up of the pharmaceutical industry to date.

Off To INTA

Saturday, May 6th, 2006

I leave tomorrow morning for the INTA Annual Meeting in Toronto. I arrive at about 3:00PM.

For those who may need to contact me, feel free to use e-mail, or I will be staying at the Holiday Inn on King.

To everyone who is going, have fun!