Archive for April, 2008

Indication of Origin?

Wednesday, April 30th, 2008

Three islanders from Lesbos — home of the ancient poet Sappho, who praised love between women — have taken a gay rights group to court for using the word lesbian in its name.

One of the plaintiffs said Wednesday that the name of the association, Homosexual and Lesbian Community of Greece, “insults the identity” of the people of Lesbos, who are also known as Lesbians.

“My sister can’t say she is a Lesbian,” said Dimitris Lambrou. “Our geographical designation has been usurped by certain ladies who have no connection whatsoever with Lesbos,” he said.

The three plaintiffs are seeking to have the group barred from using “lesbian” in its name and filed a lawsuit on April 10. The other two plaintiffs are women.

The Battle Goes On…

Saturday, April 19th, 2008

In the latest round of conflict between Facebook founder, Mark Zuckerberg, and his former classmate, Aaron Greenspan, Greenspan is challenging Zuckerberg’s right to use the trademark FACEBOOK.

The quibble is less about ownership of the trademark and more a reply to the imaginary billionaire’s legal SWAT team. They have been putting the frighteners on Greenspan’s memoir, in what he alleges is an attempt to suppress its contents.

Check out the Petition to Cancel here.

Ben vs. Yoko

Friday, April 18th, 2008

Apparently the producers of “Expelled:  No Intelligence Allowed” have “incurred the wrath” of Yoko Ono for using 25 seconds of the song “Imagine” in their movie, “Expelled: No Intelligence Allowed,” which opened today.

Categorizing the issue as a First Amendment issue, we presume that they intend to inform us that they consider it to be a fair use issue.

QuikSilver Wins ROXY Battle

Friday, April 18th, 2008

On Wednesday, Quiksilver Inc. announced it had won a 6 year trademark battle against Kymsta Corp.

The decision stems from a 2002 lawsuit Quiksilver brought against Kymsta, which makes women’s clothing under the Roxywear, Roxywear by Roxanne Heptner and Roxywear by Roxx brands.  Quiksilver also sells clothing under the brand name ROXY.

Kymsta has 18 months to phase out its use of Roxywear, Roxywear by Roxanne Heptner and Roxywear by Roxx.  Thereafter, it cannot use the marks.

Gucci Wins TM Battle in China

Thursday, April 17th, 2008

According to Chinese state television, Gucci has won a trademark copycat lawsuit against a Chinese shoemaker, the state media said Tuesday, helping the luxury goods maker’s battle in a country where knockoff designer gear is widely available.

Senda Group was ordered to pay Gucci 180,000 yuan (US $26,000) in compensation for infringing on the Gucci trademark featuring an interlocking “GG,” according to the ruling handed down Monday by the People’s Court of Shanghai Pudong District.

This is a good success in a country known for rampant counterfeiting.

Court Tackles Metatags…Again

Wednesday, April 16th, 2008

Axiom Worldwide acknowledged that it used two of North American Medical Corp.’s registered trademarks—the terms “Accu-Spina” and “IDD Therapy,” references to treatments for back pain—as meta tags for its own Web site.

According to the 11th Circuit opinion by Judge R. Lanier Anderson III, a computer user who entered the trademarked terms into a Google search would turn up Axiom’s Web site as the second most relevant search result. Google also provided the searcher with a brief description of Axiom’s site that included and highlighted the trademarked terms.

 

“This, of course, is misleading to the consumer because Axiom is not related in any way to NAM, nor does Axiom distribute or sell the products of NAM,” wrote Anderson, joined by Judge Susan H. Black and Senior Judge James C. Hill.

Despite this language, the court vacated the lower court’s injunction.  Nonetheless, the court’s language could have implications for future decisions.