• “I’ll be a Monkey’s Uncle” Genericism Survey

    by  • September 1, 2008

    I read a case recently that made me wonder whether my personal reaction about the genericism of a phrase was right or wrong, so I decided I’d see what others think. I prepared a Teflon-type survey on SurveyMonkey for you to take; send your friends to take it too. It should take you no...

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    Bratz Post-Verdict Spinning

    by  • August 30, 2008

    You may have seen that there’s some dispute in the Mattel v. MGA case over the amount of the verdict. Mattel claims it’s $100 million and MGA claims it’s either $20 million or $40 million, saying some of the awards in the verdict form are duplicative. I put the verdict form here, so you...

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    Heavy Hitting in Las Vegas

    by  • August 29, 2008

    The Law Vegas Trademark Attorney gives us background on a newly-filed dispute over the mark HEAVY HITTER(S). It’s an interesting situation – it looks like an advertising agency registered the mark HEAVY HITTER (although the certificate says HEAVY HITTERS) for legal services and relied on licensees’ use to support its registration. Glen Lerner, of...

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    NY Times on Revival of Brands

    by  • August 28, 2008

    There’s an interesting NYT article that attributes the resurgence of revived brands (blogged here) to tougher economic times – it’s cheaper to revive than build from scratch. © 2008 Pamela Chestek

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    Aerotel Visits the United States

    by  • August 27, 2008

    The name “Aerotel” is fairly well known in the UK, at least among software companies. The UK doctrine on patentability of business methods and software is known as Aerotel/Macrossan, after the pair of cases decided in Aerotel Ltd v Telco Holding Ltd and others, and Neal William Macrossan’s application EWCA 1371 (Civ) (2006-10-27)....

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    Bratz Verdict!

    by  • August 26, 2008

    The verdict is in, but not without some confusion. Reuters reported a verdict for Mattel for $100 million, AP says $40 million. I suppose either way it’s a lot of money. Here’s the horse’s mouth, see for yourself. For all parties combined it could be $100,031,500, plus a little interest: $66,031,500 from MGA, $33,000,000...

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    Steamboat Willie as Public Domain

    by  • August 25, 2008

    The LA Times recently ran a story about whether some early “Steamboat Willie” cartoons are still protected by copyright. It’s not new news; in 2003, inspired by an internet article, Douglas Hedenkamp wrote a law review article on the subject and concluded they are not. But an entertaining article for both the gist of...

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    The NFL is One Entity – For Trademark Licensing, Anyway

    by  • August 23, 2008

    An appropriate decision for football season; the Court of Appeals for the 7th Circuit has affirmed, in an antitrust case, that the exclusive licensing of all professional football teams marks to one vendor is not a violation of the Sherman Act. NFL Properties is an unincorporated organization of 32 separately owned teams. Each team...

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    Goodwill for Sale

    by  • August 21, 2008

    The area of “residual goodwill” seems to be a hot one lately. I posted recently on River West Brands and Chrysler LLC v. Pimpo, two “residual goodwill” situations, and the TTABlog recently posted on a third one involving the LaSalle trademark for automobiles. “Residual goodwill” describes the significance of a trademark when it is...

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