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Banksy's Fake Store Is An Attempt To Abuse Trademark Law To Avoid Copyright Law | Techdirt
He wants people to stop copying his graffiti works. But copyright law would require him to reveal his identity. So he is attempting to use trademark law instead.
law  ip-law  copyright  trademark  trademarkabuse  via:Techdirt  techdirt 
october 2019 by mcherm
Ohio State seeks to trademark the word 'The'
Um... apparently at least some lawyers think you can actually trademark the word "The".
law  ip-law  trademark  trademarkabuse  via:reddit 
august 2019 by mcherm
Adidas Can't Trademark 'Adizero' Because A Small Chicago Church Sold Two 'Add A Zero' Hats To Someone In Wisconsin | Techdirt
Appeals court rules selling two hats counts as "use in commerce" and also that trademarks that sound similar are enough to block a new trademark.
law  ip-law  trademark  trademarkabuse  techdirt  via:Techdirt 
november 2016 by mcherm
Boise State Somehow Got A Trademark On Non-Green Athletic Fields | Techdirt
A trademark on a blue field is reasonable; a trademark on non-green fields isn't (in my opinion).
law  ip-law  trademark  trademarkabuse  via:Techdirt  techdirt 
september 2016 by mcherm
Citigroup trademarks “THANKYOU” and sues AT&T for thanking clients | Ars Technica
"THANKYOU" is trademarked, so someone else shouldn't be allowed to use "THANKS". This is not what trademark law is intended for.
law  ip-law  trademark  trademarkabuse  ArsTechnica  via:ArsTechnica 
june 2016 by mcherm
Earnhardt Family Fighting Over Whether One Earnhardt Son Can Use His Own Last Name | Techdirt
How's this for trademark abuse? After Dale's death, his wife is trying to prohibit Dale's son from using his own last name in a completely different industry.
law  ip-law  trademark  trademarkabuse  techdirt 
may 2016 by mcherm
Ex-Game Maker Atari To Argue To The US PTO That Only It Can Make 'Haunted House' Games | Techdirt
In 1982 they made a video game "Haunted House". In 2010 they applied for a trademark on it. Now they want to control the use of those words in all video games.
techdirt  via:boingboing  law  ip-law  trademark  trademarkabuse 
april 2016 by mcherm
Rage Against The Convoluted 'Rage' Trademark Dispute | Techdirt
The big company trademarked the word AFTER the small company released their much more successful product, then used the trademark to prevent porting to another platform.
law  ip-law  trademark  trademarkabuse  techdirt  via:Techdirt 
march 2016 by mcherm
Sorry Ms. Jackson… | Transparency Report
Clever legal retort by WordPress to a takedown notice from the lawyers for Janet Jackson. They didn't take it down.
copyright  copyrightabuse  DMCA  trademark  trademarkabuse  via:ArsTechnica 
july 2015 by mcherm
Facebook Going After Designbook Because All The Books Are Belong To Them | Techdirt
Facebook has decided that they want a trademark on all words of the form "*book". The trademark office won't issue a trademark on that (too general) and so they simply declared that they have an unregistered trademark and they aggressively sue over it. Interestingly, they also put a clause in Facebook's T&Cs saying you agree that they have the trademark.
law  ip-law  trademark  trademarkabuse  facebook  contractlaw  techdirt  via:Techdirt 
june 2015 by mcherm
1000-Year-Old Village Told To Stop Using Name Because Of Trademark Claim From Hotel Chain Founded There | Techdirt
Named after the village, the hotel chain sent a cease-and-desist letter to the village association for using the name. When it was pointed out, they backed off immediately.
law  ip-law  trademark  trademarkabuse  techdirt  via:Techdirt 
may 2015 by mcherm
MLB Claims That Finance Company's 'W' Logo Violates 2 MLB Teams' Trademarks | Techdirt
First, don't just have a letter as a trademark. Secondly, don't sue someone in a different industry.
techdirt  via:Techdirt  law  ip-law  trademark  trademarkabuse 
february 2015 by mcherm
The MPAA Forces Craft Brewer To Abandon Its 'Rated R' Beer Brand | Techdirt
A beer named "Rated R" must be renamed because of a trademark on movie ratings. No, they're not in the same industry, but legal THREATS cost so much that it's not worth it to fight.
law  ip-law  trademark  trademarkabuse 
january 2015 by mcherm

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