Trademark Law Archives - Page 7 of 8

Domain Names: Federal Court or UDRP Arbitration?

Attorney David Johnson, author of the Digital Media Lawyer Blog, wrote an interesting article on a trademark holder’s choice of forum when seeking to obtain a domain name from a cybersquatter. The action may be a lawsuit in federal court or an arbitration under ICANN’s Uniform Dispute Resolution Procedure. The article is titled “Federal Court or UDRP Arbitration? How the Forum that Decides a Domain Name Dispute Can Make a Big Difference in the Results.”

Combatants in cybersquatting or domain name disputes are often not aware of the great degree to which the result they get depends on the judicial body that makes the decision. A clear illustration of how forum choice affects results can be seen in the widely varying deference given by the different judicial bodies to a defendant’s assertion of a “laches” defense to a cybersquatting complaint.

Apple Bites Over Woolworths Logo

Apple has taken action in Australia against an Australian company called Woolworths for trademark infringement because of the defendant’s new logo. The basis of the lawsuit is that Woolworths new logo is similar to Apple’s logo and would cause the public to be confused. What do you think?

Apple & Woolworth logos

See Jonathan Turley’s blog post on the subject.

South Butt vs. North Face

Attorneys for North Face, the clothing line, sent a letter to an 18 year old who started a clothing line called “South Butt.” The demand letter said

Your use of the South Butt & design mark and the Never Stop Relaxing tagline is not defensible as a parody. It is our client’s hope that this matter can be amicably resolved and that you will voluntarily abandon your pending trademark application and immediately discontinue your use of the South Butt and Design Mark and the Never Stop Exploring tagline.

The young designer’s lawyer responded, “There appears to be little recognition, if any, that the savvy of consumers precludes anyone from confusing a face with a butt.” I agree.

Winnie the Pooh Heirs Lose 18 Year Lawsuit with Disney

Law.com: “After 18 years of decidedly un-cuddly court battles, Walt Disney Co. and the estate of Winnie the Pooh licensee Stephen Slesinger are right back where they started. On Friday, Los Angeles federal district court Judge Florence-Marie Cooper granted Disney’s motion to dismiss all of Stephen Slesinger Inc.’s remaining infringement claims, committing the parties to continue a business relationship that began in 1961 when Slesinger’s widow transferred the Pooh rights to Disney in exchange for royalties.”

Is Twitter Grounds for Trademark Infringement?

Law.com: “Oklahoma-based natural gas distributor Oneok filed a lawsuit in Tulsa federal court against Twitter alleging trademark infringement. The company claimed that Twitter wrongly allowed an anonymous user to post the company’s logo on a profile that was named ‘Oneok_i.’ The user also posted some information about the company, Oneok officials said.”