TM Blog
"Mac" and "Mc" are Famous Marks in Europe
A European court found that "Mac" and "Mc" are famous marks and that McDonalds can therefore stop food and beverage trademark registrations that use the prefixes. The ruling is an excellent example of how having a famous mark provides extremely broad protection.
"Eye of the Tiger" Suit Settled
The campaign of former presidential candidate and governor Mike Huckabee as settled a copyright infringement suit for its use of the song "Eye of the Tiger" at a campaign rally. Most copyright suits do settle when infringement can be shown.
Dastar v. Fox and Trademark Protection for Digital Content
The Supreme Court's 2003 Dastar v. Fox decision held that the content of a digital file should not be used to determine confusion in a trademark infringement case. This decision may be important in cases where trademark infringement is asserted for files that include virtual representations of products.
Logo Can't Include Empire State Building
The Trademark Trial and Appeal Board has ruled that a logo that includes a drawing of the Empire State Building cannot be registered as it would dilute the mark of the building's owners. The Empire State Building may be a local icon, that doesn't diminish the owner's rights.
DCMA Safe Harbor Applies to Pre-1972 Audio Recordings
Prior to 1972, audio recordings were not protected under Federal copyright law. The Second Circuit has ruled that the Digital Millennium Copyright Act (DMCA) applies to these recordings, so that online content providers are not liable for their dissemination as long as DMCA rules are complied with.