Category: Trademark

Old Advertising Characters Revived…

… for political satire. NewTeeVee reports: Super Bowl Ads of Yore Revamped for ’08 Election: “Now, with the election just a week away, we’ve come full circle with two more ads from Super Bowls past revamped for online political purposes. Office Linebacker ‘Terrible’ Terry Tate has returned to put the hurt on fools who don’t vote, while the ‘Wassup’ guys… Read more →


Michael Madison, Madisonian, has a thoughtful look on the Scrabulous and the online reaction, The Stakes of Scrabulous, “Still, on balance, I think that Hasbro deserves a win if the case were litigated to judgment; the name ‘Scrabulous’ would likely be found to be confusingly derivative of ‘Scrabble,’ and the boards do resemble one another, though they are hardly identical.… Read more →


I was too busy playing Scrabulous last week to blog about the complaint filed by Hasbro against the creators of Scrabulous, the online word game that happens to share the board layout and rules of play of Scrabble. Complaint in Hasbro v. RJ Softwares (08cv06567, NYSD filed Jul. 24) for copyright infringement, trademark infringement, trademark dilution and common law unfair… Read more →

Joseph Abboud: person v. trademark

JA Apparel Corp. v. Abboud (SDNY, June 5, 2008) Ron Coleman, Likelihood of Confusion, Mad Abboud you: “It’s worth taking a look at because just reading the bare-bones fact pattern of it above, this doesn’t look like a hard case. But perhaps the juicy part of it slowed things down — such as how Abboud, not unsurprisingly for those creative… Read more →

Trademark in 3D

The Wall Street Journal, Shape of Things to Come: “On Jan. 8, the U.S. Patent and Trademark Office granted Apple Inc. a trademark for the three-dimensional shape of its iPod media player. This was more than a recognition of an innovative product design. It also was Apple’s capping piece in a multiyear marketing and legal campaign that pushed intellectual-property rights… Read more →

Super Bowl is a registered trademark of the NFL

It’s the first annual Likelihood of Confusion SUPER BOWL® Trademark Watch and Contest: “Every year it’s the same thing: Several weeks before the Super Bowl®, people and businesses wishing to promote events related to the timing of the biggest sporting event of the season — the Super Bowl®, that is, the National Football League’s championship game — go through all… Read more →

Fashion First

The Wall Street Journal reports about the trademark problem Joseph Abboud faces when he goes into competition with Joseph Abbod: What’s in a Name? Not Much, He Hopes: “When designer Joseph Abboud announces his new menswear label today, he’ll face an unlikely competitor: Joseph Abboud. The 57-year-old designer, whose penchant for earth tones and textured fabrics made him a favorite… Read more →

Apple, DRM and Digital Distribution

A few European countries, including Norway, Germany, and France, are considering requiring Apple, Inc. to make the songs sold on the iTunes store playable on music players from other manufacturers. ARS Technica reports: iTunes DRM called out by France and Germany: “Apple is being challenged once again to open up its DRM by consumer groups in Europe. This time, Germany… Read more →