Sunday, December 19, 2010
I don’t know what the legalities were, but I wonder if Spearmint needed to pay for permission to brand its chewing gum product? Or is Summit Entertainment just advertising its DVD’s?
Generally, in trademark law, unrelated products can use the same brand name, but what happens when one product advertises another?
There’s also “right of publicity” considerations.
This is a good one for comments.
Wednesday, December 01, 2010
So the government has certainly stepped in on what obviously amounts to “trademark dilution” – to sell counterfeits of goods under established brand names. But here it’s government stepping in, not the individual companies; a number of the sites were involved in multiple brand infringements.
I’ve covered there the COICA bill in Congress, which would address trademark issues as well as copyright. I’ve also covered the idea that it’s a bad bill because it allows shutdown of sites (and forfeiture of domains) on trademark (and copyright) claims without due process.