One of the almost-overlooked categories of trademarks is SOUND. Most people don’t realize that a distinctive sound associated with a brand can be trademarked, but like many things “most people” don’t know much about (like particle physics) there is almost always more there than meets the eye. Or the ear, in this case. To date, only [...]
Entries Tagged as 'Trademark'
Captain America in Court
August 7th, 2010 · Comments Off · Copyright, Popular, Trademark
Earlier this year I questioned whether Disney’s acquisition of Marvel Comics would have any effect on the long-running battle between Marvel and the heirs of Jack Kirby over the ownership rights to his creations (which are legion). To date, the answer appears to be “No.” The production of the new Captain America film continues apace, [...]
The Bratz Are Back In Town!
July 23rd, 2010 · 3 Comments · Copyright, Popular, Trademark
With his usual aplomb, Judge Alex Kozinski of the 9th Circuit casually eviscerated the trial court’s decision in last year’s Barbie vs. Bratz battle, opining that Carter Bryant’s contract with Mattel did not cover “ideas” (only “inventions”) and that it simply wouldn’t be fair to hand Barbie the keys to her her little sister’s billion [...]
Twilight Sues Over Stolen Clothing
June 16th, 2010 · Comments Off · Popular, Trademark
Apparently Summit, the studio behind the Twilight movies, is mortally offended that BB Dakota is seeking to sell a copy of the hoodie worn by Bella in one of the teen-vampire romances, and has filed a trademark infringement lawsuit to enjoin the sale of the garment marketed — as one might expect from cheesy marketeers lacking [...]
Wanna Get Lucky?
April 29th, 2010 · 2 Comments · Popular, Trademark
Widely hailed as the best jeans in the kingdom of denim by fashionistas everywhere, Lucky Brand jeans fell victim to its own overripe image this week in its trademark infringement case against Miami-based Marcel Fashion Group, which sells the GET LUCKY line of apparel. Following a five day jury trial in the Southern District of [...]
Everybody Loves Barbie
April 16th, 2010 · Comments Off · Copyright, Trademark
Barbie is, of course, an American icon known to virtually every man, woman and child in the United States. Even if you are a man (and played with G.I. Joe as a boy), your sisters played with Barbies, or your cousins did, or the girls down the street had tea parties with Barbie in the [...]
Who Owns Your Second Life?
March 27th, 2010 · Comments Off · Copyright, Internet, Popular, Trademark
A few years ago Julian Dibbell wrote a book called Play Money — Or, How I Quit My Day Job And Made Millions Trading Virtual Loot, which detailed the year he spent trying to win a bet with himself. The bet: that he could make more money by killing trolls and demons (or making armor) [...]
Welcome to Wellywood?
March 10th, 2010 · Comments Off · Popular, Trademark
Wellington, the capital of New Zealand, plans to pay tribute to Hollywood by putting up a gigantic Wellywood sign in the hills above the city. The Hollywood Chamber of Commerce is less-than-thrilled by the idea, and considers it not so much a tribute as a gratuitous theft of goodwill. Well-known for litigiousness, the HCOC has been [...]
Hey, You Trademarked My Marathon!
February 21st, 2010 · 3 Comments · Popular, Trademark
I just got my annual email tickler from the Bank of America Chicago Marathon™ reminding me that registration is now open and that I only have 4 or perhaps 5 months before the 45,000 spots for runners will be closed. While I appreciate advance notice for a marathon that is not going to be run [...]
Tags:Flying Pig·marathons·Monte Carlo·Monty Python·Pheidippides·races·silly
What I Talk About When I Talk About Golf
February 15th, 2010 · Comments Off · Popular, Trademark
Lately I have been struck by the realization that virtually every sporting event is trademarked. Not only baseball, which has given us such monstrosities as PETCO Park and Tropicana Field, but other, lesser events, such as handball (e.g., the City of Arabia United Arab Emirates Handball Federation H.H. U.A.E. President’s Cup). The most offensive of [...]
I Can Say Your Name!
February 15th, 2010 · Comments Off · Trademark
If we pause a moment and reflect on the pervasiveness of trademarks and advertising in the world economy, we can begin to understand how – despite the lessons of history — trademark owners occasionally forget that simply trademarking a word or phrase does not remove it from the common lexicon. People can still use the [...]
I am a commercial litigator and intellectual property lawyer in San Francisco. Although my practice encompasses a wide variety of business disputes, I have a particular fondness for, and am prone to wax philosophical on, the subjects of copyright and trademark infringement in music, literature, art, and film.
