Monthly Archive: April 2008

Design companies frequently test new designs and logos by making certain the logos or colors used don’t give rise to foreign translation problems or color combinations that are offensive in other cultures. Looks like they’ll have to add the “racy logo” test to the checklist. Last week, the Office of Government Commerce in England unveiled …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/new-logo-turns-office-on-its-uh-side/

The Federal Trade Commission yesterday announced that it has ordered Membership Services Direct, Inc. (also known by other names) to pay $28.2 million to the FTC. The amount represents the net profits made by the company after engaging in a telemarketing scheme designed to bilk consumers of their money. Dubbed the Wal-Mart Shopping Spree Scam, …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/ftc-assesses-282-million-in-fines-for-so-called-wal-mart-shopping-spree-scam/

A court in El Paso, Texas recently applied the test of “willful blindness,” normally reserved for fraud cases, to a Lanham Act claim. In determining that the defendant in a trademark infringement case was not liable for willful infringement, the court looked at whether the defendant had intentionally ignored signs of possible infringement. The case …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/infringement-of-marlboro-trademark-not-willful-blindness/

Blockbuster may not be able to rely on the what I learned in Kindergarten defense when it answers charges it illegally shared a plaintiff’s movie preferences with third parties. In a suit filed in Texas earlier this month, Cathryn Harris sued Blockbuster for sharing her rental history on Facebook. The suit, which is currently seeking …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/privacy-lawsuit-filed-against-blockbuster/

In a recent non-citable decision from the TTAB, the Board found that Applicant’s specimen for URBAN RENEWAL did in fact match the drawing page in its application, notwithstanding the mark’s use of URBAN RENEWAL in conjunction with the terms “at home.” While making clear that each case involving specimens and drawing pages is highly individualized, …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/ttab-renews-its-contention-on-use/

Last week, a district court in Maryland ruled that Tyson was not immune from false advertising liability based upon a United States Department of Agriculture (“USDA”) label ruling. The flap over advertising came when Plaintiff competitors Perdue Farms and Sanderson Farms, alleged that Tyson had been running a series of consumer ads that contained the …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/plaintiff-poultry-companies-peck-at-tysons-chickens-advertising-claims/

Increasingly, teenage celebrities are being used by marketing companies to gain a competitive edge in the increasingly growing teen market share. USA Today Online reported today that several large retailers and merchandisers have signed teenage singers and actors to hawk their wares, including Fergie, who was recently retained to give the MAC Cosmetics “Viva Glam” …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/marketers-using-teen-celebs-is-like-totally-all-the-rage-but-tween-advertising-can-lead-to-legal-issues/

Electrolux turned the tables on former distributor-turned-competitor Imig, Inc., which filed a complaint against the famous vacuum and home appliance company, for interfering with relationships with perspective customers. Electrolux filed several counterclaims, alleging that Imig copied Electrolux’s protected trade dress, copyright protected user manuals, and that Imig made false claims in its advertising. The district …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/electrolux-sucks-life-from-imid-in-false-advertising-case-but-doesnt-completely-clean-up-on-trade-dress/

If u cn rd ths, then you’re either over 50 and remember the old shorthand print ads, or you use your phone to text messages. Amazon continues to push the digital envelope, recently launching its Text-To-Buy program. Adding to its existing mobile phone program (launched last Fall), consumers can set up an account online and …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/from-e-commerce-to-m-commerce-amazon-launches-text-to-buy-program/

Question: When can you decide a trademark case based on a single factor? Answer: when the two marks share not a single common term. Applicant, PAC Trading Group sought to register the mark PAC BOOSTER THE PERFECT SOUND for audio equipment. The mark was opposed by Ava Enterprises, Inc. on the grounds that it believed …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/trademark-trial-and-appeal-board-shows-whos-boss-in-granting-motion-for-judgment-on-the-pleadings/

Older posts «