Federal District Court Denies Motion to Dismiss Contributory Cybersquatting and Contributory Dilution Claims By Elina Saviharju – Edited by Jonathan Allred Microsoft Corp. v. Shah, et al., No. C10-0653 (W.D. Wash. Jan. 12, 2011) Slip opinion hosted by WSJ.com The U.S. District Court for the Western District of Washington denied defendants’ motion to dismiss plaintiff Microsoft’s claims for contributory cybersquatting and contributory dilution as unrecognized by law. Cybersquatting is the practice of registering a domain name similar to a well-known ... Read More...
Archive for the ‘Trademark’ Category
Written by Andrew Segna Edited by Jonathan Allred Editorial Policy On October 13, 2010, Valve, a major video game developer, announced Dota 2, its new title, for which it registered the trademark “Dota” with the USPTO on August 6, 2010. This game is a sequel to the extremely popular Defense of the Ancients (abbreviated “Dota”), a“mod” that independent videogame developers created by modifying the game Warcraft III. The trademark registration evoked concern among members of the industry and consumers, especially ... Read More...
TTAB Reverses Refusal to Register Walther PPK Product Configuration By Charles Griffin – Edited by Avis Bohlen In re Carl Walther GmbH, No. 77096523 (T.T.A.B. Oct. 26, 2010) Opinion The Trademark Trial and Appeal Board (the “Board”) reversed an examiner’s refusal to register the product configuration of the Walther PPK pistol as a mark under Section 2(f) of the Trademark Act. The Board held, contrary to an examiner’s evaluation, that applicant Walther had established acquired distinctiveness for the configuration. Walther ... Read More...
Charitable Activities Do Not Create Commercial Interests in Untrademarked Names By Harry Zhou – Edited by Ryan Ward Stayart v. Yahoo! Inc., __ F.3d __, 2010 WL 3785147, No. 09-3379 (7th Cir. Sept. 30, 2010) Slip Opinion hosted by Seattle Trademark Lawyer On September 30, 2010, the Seventh Circuit affirmed the United States District Court for the Eastern District of Wisconsin, dismissing a complaint filed by Beverly Stayart alleging false endorsement under the Lanham Act and various state law claims ... Read More...
Chippendales’ “Professional and Classy Sexy Fun” Deemed Not Inherently Distinctive. By Phillip Hill – Edited by Ian C. Wildgoose Brown In re Chippendales USA, Inc., Serial No. 78/666,598 (Fed. Cir. Oct. 1, 2010) Opinion On October 1, the United States Court for the Federal Circuit affirmed the Trademark Trial and Appeal Board, which ruled that Chippendales USA, Inc. could not register its “abbreviated tuxedo” costume, the “Cuffs & Collar,” as an inherently distinctive mark. The Court held that even though live adult entertainment typically involves “revealing and provocative” ... Read More...
