heidi: (legally)
[personal profile] heidi
Comments on the case I mentioned here.

1. This goes into the 2 Live Crew bin for "most unexpected terminology in a Supreme Court case (right next to Souter's "bass riffs"):
novelty action clocks, patches, temporary tattoos, stuffed animals, coffee mugs, leather biker wallets, zippo lighters, diet formula, diet supplements, jigsaw puzzles, whyss, handcufs [sic], hosiery bubble machines, greeting cards, calendars, incense burners, car air fresh-eners, sunglasses, ball caps, jewelry, candles, lava lamps, blacklights, fiber optic lights, rock and roll prints, lingerie, pagers, candy, adult video tapes, adult novelties, t-shirts, etc.

Do any of *you* know what a novelty action clock is? What about a whyss? A hosiery bubble machine?

I'm waiting...

2. Am I right in reading this case as being very, very, very good for authors NC-17 fanfic, and authors of slash fanfic, and, to be honest, any fanfic that the author of the original work thinks casts tarnishment on the original work and/or merchandise?

Here's at least one reason why:

The record in this case establishes that an army officer who saw the advertisement of the opening of a store named “Victor’s Secret” did make the mental association with “Victoria’s Secret,” but it also shows that he did not therefore form any different impression of the store that his wife and daughter had patronized.


3. Oh yay, oh joy, they mentioned that durned "Greatest Snow on Earth" case. I was actually usually working on the ringling domain name cases and spent some time with The Greatest Bar on Earth (which is, of course, no more) but, hell, was that case the bane of many of my Saturdays in 1997-1998.
(more to come...)

Rebecca, can I talk a little bit about trademarks in our Nimbus-presentation? Please?
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