Trademark & Copyright

As promised, ICANN reopened the TLD Application System (“TAS”) on May 22, 2012. Registered users are now able to log in and complete their applications.  ICANN has indicated that the system will remain open until 23:59 GMT/UTC on Wednesday, May 30, 2012.

As ICANN struggles to get its application system back online, companies have begun lining up to make a profit off of the peculiarities of the application process itself. 

ICANN has temporarily taken the TAS application system for new generic top level domains (gTLDs) offline due to a “technical glitch.”  According to ICANN, a technical problem allowed a limited number of users to view other users' file names and user names. 

On Monday, the Court of Appeals for the Fourth Circuit reversed the district court's decision ending Rosetta Stone's trademark infringement case against Google.

On March 29, 2012, the user registration window closed for anyone planning to apply for a new generic top level domain (gTLD).   Applicants who registered prior to March 29, 2012, however, still have until April 12, 2012 to complete their application.

Pinterest, the latest social media craze, announced on Friday night in an email to users that it intended to make certain changes to its Terms Of Service. The changes will not go into effect until April 6, 2012. 

Thanks to DuetsBlog for providing an update on the EAT MOR CHIKIN v. EAT MORE KALE dispute that was the subject of our prior post. 

The Wall Street Journal had a piece recently about how the recipients of trademark infringement cease and desist letters are increasingly using "online shame" to gain leverage in disputes with trademark owners. As "trademark bullying" is a hot topic among trademark lawyers and in the press, this article picks up on that theme.

The New York Times had an interesting article about the ongoing dispute between Princeton Vanguard and Frito-Lay over Princeton Vanguard's attempts to obtain a federal trademark registration for the mark PRETZEL CRISPS.

On the heels of recent attempts to trademark a celebrity baby name comes the story of an attempt to obtain trademark protection for the name of a sports celebrity. Well, a variation of a sport celebrity's name. 

Last week, during a special meeting of the ICANN Board of Directors, the ICANN Board approved a resolution that contained a "reaffirmation" that ICANN will open a second application window for the gTLD program "as expeditiously as possible." 

Trademark owners, mark your calendars.  ICANN announced that Tuesday, May 1, 2012 will be "reveal day." On May 1st, ICANN will publicly post the gTLD character strings that have been applied for in connection with its new gTLD program.

Since the birth last month of their first child, Blue Ivy Carter, Beyoncé and Jay-Z are no doubt experiencing the typical joys of first-time parenthood. Those first looks, smiles and coos.

Our colleagues at Mintz Levin’s Employment Matters blog recently posted an interesting piece about a dispute regarding ownership of a Twitter account. The dispute arose from an employer/employee relationship, but serves as an important reminder about protecting your brand on social media sites.

This Republican primary season has provided lots of fodder for political blogs, but it has also provided a few gems relating to -- what else -- trademark issues.    Now, U.S. copyright law is in the spotlight of the Republican primary campaign.

A few weeks ago, we said goodbye to 2011, welcomed 2012 and made some New Year’s resolutions – whether it be to shed a few extra pounds, to quit smoking or to complain less and laugh more. 

Following this week's Internet blackout by service providers and online resources opposed to the pending Stop Online Piracy Act and the Protect IP Act, Congressional leader have announced a postponement on future action on the legislation. Senate Majority Leader Harry Reid delayed a vote on PIPA scheduled for Tuesday.

Last week, ICANN began accepting applications for its new gTLD program. ICANN has posted a series of extremely comprehensive materials outlining the registration and evaluation process. 

Not only is Newt Gingrich slipping in recent polls in his efforts to become the presidential nominee for the Republic Party, but he now has a domain name problem. As reported yesterday, the domain name <newtgingrich.com> has been registered by a pro-Democratic political action committee, American Bridge PAC.

With the announcement today that the Swedish automaker Saab has filed for bankruptcy, we thought it timely to take a look at what happens to trademarks in the context of a bankruptcy proceeding. SAAB is the owner of nearly 100 U.S. trademark registrations (for SAAB, ECOPOWER, BIOHYBRID, 9-3, among others).