In the News
Naomi Gillens, Chilling Effects Staff, April 01, 2014
Abstract: Advocacy group MoveOn.org is in court defending its use of Louisiana's tourism logo and motto in this billboard criticizing Governor Bobby Jindal's decision not to expand Medicaid.
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Chilling Effects Team, November 21, 2013
Abstract: As regular visitors may recall, we spent some time this summer investigating notices in our database that referenced trademark claims, but also defamation, or that seemed to be defamation claims cloaked as trademark claims. Ongoing research in that vein turned up this notice that we have in our database courtesy of the folks at Stack Overflow, who received it from a company called CipherCloud, regarding this material on Stack Exchange.
The Stack Exchange community discussed the notice here, the Hacker News community had a fascinating discussion about it here, and WIRED covered the controversy.
All well worth a look, especially if you're interested in ways in which the DMCA and other takedown request paradigms are affecting online discourse.
Maria Serena Ciaburri, Sanna Kulevska, Liz Woolery, July 09, 2013
Abstract: One of the things we at Chilling Effects are interested in exploring is using our huge database of DMCA take-down notices and cease-and-desist letters for research. With over a million notices in the databases, we have a wealth of information about chilled internet speech over the past 12 years. Both academics and lawyers have used the database for research purposes in the past, and we are hoping to find more uses for the data.
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ThinkGeek, June 21, 2010
Abstract: ThinkGeek describes its "best-ever cease and desist letter" recently received for its April Fools' product Canned Unicorn Meat: "The very special but also very real letter is from the National Pork Board, who claims we're infringing on the slogan "The Other White Meat," a slogan they're apparently thinking about phasing out anyways." The New York Times blogs it as Unicorns. They’re Not the Other White Meat. What a meaty issue!
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Blake Reid, Chilling Effects Clearinghouse, February 03, 2010
Abstract: It's sunny and warm in south Florida as the New Orleans Saints head to the Super Bowl for the first time in the team's 42-year history. Back in New Orleans, though, a cold front is blowing through as the National Football League tries to use intellectual property claims to lock down "Who Dat," a seminal New Orleans slogan adapted by Saints fans to cheer on the team.
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Research Staff, Chilling Effects Clearinghouse, November 23, 2009
Abstract: Getty Images has been sued by Car-Freshner Corp. for trademark infringement, dilution, and unfair competition over stock photographs of cars that include images of tree-shaped air fresheners hanging from the rear-view mirror.
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Research Staff, Chilling Effects Clearinghouse, November 19, 2009
Abstract: Another hat tip to Techdirt for bringing our attention to Intel Corp.'s recently filed suit against the publishers of Mexico Watch, a digital newsletter whose URL is latinintel.com, and whose parent company does business as Americas News Intel Publishing. Intel Corp. has alleged both confusion-based infringement and trademark dilution against the company, although its website is clearly branded in ways that would easily distinguish it from the computer chip maker and its use of the word "intel" to mean "intelligence" is in common use.
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Research Staff, Chilling Effects Clearinghouse, October 09, 2009
Abstract: After announcing that Philadelphia radio station WDAS would not be able to sponsor the Unity Day festival for the first time in 30 years, Clear Channel has used an allegation of trademark rights in the name "Unity Day" to prevent citizens from raising funds and obtaining city permits to keep the tradition going.
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Research Staff, Chilling Effects Clearinghouse, September 11, 2009
Abstract: Apple has once again objected to the use of the suffix "pod" in the names of two products: Pivotal's "Podium" and "FlyPod."
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Wendy Seltzer, via Scott Beale of Laughing Squid, December 12, 2007
Abstract: Best Buy sent a cease-and-desist to Scott Beale of Laughing Squid for reporting on an "Improv Everywhere" prank and their sales of T-shirts mocking the Best Buy logo. Best Buy claimed the post infringed its trademarks and copyrights by "promoting" T-shirt sales. Laughing Squid promptly posted the C&D, where it was picked up by BoingBoing and Slashdot. But Best Buy seems to have learned from the hubub, and sent its apologies a day later:
"We appreciate your clarification of the nature of your posting. We do object to sales of T-shirts or other products bearing a logo which violates our trademarks or copyrights or other misuse of our logo in commercial ventures. However, we do not object to fair and accurate reporting fo facts, and respect the First Amendment rights of Laughing Squid and other bloggers to provide articles or commentary on current events. Now that we have a better understanding of your website, we regret sending you the demand letter." It's good to see a company recognize the distinction between reporting and trademark infringement and drop its threats. We have to say, though, the T-shirts give "trade dress" claims a whole new meaning.
Elizabeth Gonsiorowski, Brooklyn Law School, November 06, 2006
Abstract: Leo Stoller has lost another trademark infringement case, and people who use the word "stealth" have re-claimed a little linguistic freedom. Stoller has been trying to protect his trademark for the word "stealth" for over two decades. In mid-October, not only were Leo Stoller’s claims of trademark infringement dismissed; he was deemed a vexatious litigant and barred from instituting a trademark suit without prior leave from the court. Hopefully, this marks the end of his Trademark abuses.
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Sarala V. Nagala, Samuelson Law, Technology, & Public Policy Clinic, Boalt Hall UC Berkeley, October 19, 2006
Abstract: Apple seeks to extend its trademark reach from "iPod" to all uses of the word "pod" in product names.
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State GOP sues caucus for use of party names, Gary Harmon, GJSentinel.com, May 02, 2006
Abstract: The Colorado Republican Party has sued the Colorado Republican Caucus, demanding any money the caucus collected while using the names “Republican” and “GOP.
Anti-War West Point Grads Get Trademark C&D, Melissa McEwan, The Raw Story, May 19, 2006
Abstract: An attorney for the U.S. Military Academy has sent a letter to the founders of a group of anti-war West Point graduates, informing them that the term "West Point" cannot be used by the organization, RAW STORY has learned.
David Kozman, DePaul University College of Law Technology/Intellectual Property Clinic, October 23, 2005
Abstract: Leo Stoller and his corporate entities were thrown out at the plate when the U.S. District Court for the Northern District of Illinois, Eastern Division, issued a recent decision in
Central Mfg Co. v. Brett, granting summary judgment to Baseball Hall of Fame inductee George Brett and Brett Brothers Sports International, Inc. against Central Mfg. Co., Stealth Industries, Inc., and Leo Stoller and cancelling Central’s Trademark Registration No. 2,892,249 for the mark “Stealth” for use on baseball, softball, and T-ball bats. The Court also ordered Stoller and his companies to pay Brett’s attorney fees and costs as provided for under the Lanham Act and pursuant to Illinois statute.
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King of luncheon meat takes on the Spam King, Out-Law.com, June 18, 2004
Abstract: Self-professed "Spam King" Scott Richter, of bulk e-mail company OptInRealBig, is holding back on marketing his Spam King clothing line following a formal objection from the original maker of Spam, Hormel Foods.
Booble receives notice from Google, Booble, January 20, 2004
Abstract: New "adult" search engine, Booble, responds to cease & desist notice sent by Google.
Blackboard Blackout, Jamie, Slashdot, April 14, 2003
Abstract: Security researchers scheduled to give a talk on security flaws in a popular ID card system for universities hit by cease & desist.
Judge: Ohio candidate can keep using duck to mock governor despite AFLAC's objections, PAUL SINGER, Associated Press Writer, Yahoo! News, September 17, 2002
Abstract: Candidate for governor of Ohio used image of opponent's head superimposed on body of a duck. Judge dismisses complaint based on customer confusion made by AFLAC insurance company
Baseball Cracks Down on Web Sites, Larry McShane, TechNews.com, September 01, 2002
Abstract: Major League Baseball Properties alleges fan sites threaten teams' trademark rights.
Godzilla vs. the blog thing, Paul Festa, CNet News.com, August 14, 2002
Abstract: The owner of the Godzilla trademark has sent a cease-and-desist letter to the small-time blogging site Davezilla, sparking concerns that AOL Time Warner-sponsored Mozilla.org could be the Japanese monster's next target.
MetsOnline.net reportedly thwacked with trademark threats, Declan McCullagh, Politech, July 31, 2002
Abstract: Fan Site threatened by cease and desist from Major League Baseball Properties.
Florida Gov. Bush Moves to Trademark His Name, Associated Press, April 08, 2002
Abstract: Florida Gov. Jeb Bush moved to trademark his name, in an effort to prevent a Florida group that has launched personal attacks against Janet Reno from continuing to call itself Americans for Jeb Bush.
Intel forces yoga group to fight for its name, David Lazarus, San Francisco Chronicle, March 29, 2002
Abstract: Mark Stephens is trying to stay calm. He's taking deep breaths. He's meditating. But it isn't easy keeping cool when you've angered the biggest semiconductor company in the world.
Stephens, founder of the Yoga Inside Foundation in Venice (Los Angeles County), has been duking it out with Santa Clara's Intel Corp. for more than a year over whether his do-gooding nonprofit violates the chipmaker's "Intel Inside" trademark.
Microsoft "wont break Lindows", By James Middleton, VNUNet.com, February 20, 2002
Brands, free speech clash over domains, Michael Geist, Globe and Mail, February 07, 2002
Abstract: .
Although most domain name disputes are primarily a matter of trademark law, recent experience suggests that cases are increasingly moving beyond issues of trademarks
toward fundamental questions of freedom of speech.
Given the conventional wisdom that the United States provides the world's strongest free speech protections, it is both surprising and noteworthy that Canada has emerged
as a leading protector of free speech interests in relation to domain names, while the United States has gradually ceded power to trademark interests at the expense of free
speech.
Ford run over by hyperlinks, By Wendy McAuliffe, ZDNet News, January 31, 2002
Abstract: Hyperlinks should be excluded from domain name disputes, a U.S. judge said this week in a ruling that saw car maker Ford lose its battle to sue the owner of F*****GeneralMotors.com for directing traffic to Ford.com.
Search engines sued for delivering hits based on payment, Verne Kopytoff, Chronicle Staff Writer, San Francisco Chronicle, January 31, 2002
Abstract: Several Internet search engines are taking fire from a Texas firm that says their pay-for-play policies break trademark law and misdirect consumers.
007 Dis(Gold)members Austin Powers, Marcus Errico, E! Online, January 25, 2002
Abstract: Forget Dr. Evil and Mini-Me, it's apparently James Bond that poses the biggest threat to Austin Powers.
MGM and Danjaq, the British company that controls the Bond film license, have obtained a cease-and-desist order against New Line Cinema that prohibits New Line from calling the latest installment of Mike Myers' shagadelic spy series Austin Powers in Goldmember.
Lindows seeks to dismiss Microsoft suit, By Stephen Shankland, ZDNet News, January 15, 2002
Abstract: Lindows, a start-up developing software that would let many Windows programs run on Linux computers, filed a motion to dismiss a trademark-infringement suit Microsoft filed in December
Red Hat: You can distribute Red Hat Linux, just name it something else, Grant Gross, Newsforge, December 10, 2001
Abstract: Leading Linux distribution publisher Red Hat has become more aggressive in protecting its trademark lately, and the founder of one discount Linux CD seller isn't happy about the cease and desist letter he recently received.
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