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Web Ad Trademark Law To Be Retested
scubacuda writes "News.com et al report that The Ninth Circuit U.S. Court of Appeals on Wednesday found Playboy Enterprises can pursue charges that Excite and Netscape Communications violated its trademark by selling banner advertisements triggered by the terms 'playboy' and 'playmate.' The decision reverses a district court ruling that dismissed the suit without a trial in 2000. Playboy 'clearly holds the marks in question, and defendants used the marks in commerce without (its) permission,' a split three-judge panel wrote in its majority decision." This is a shame, because the first judge to look at this case seems to have pretty much gotten it right: "Although the trademark terms and the English language words are undisputedly identical, which, presumably, leads plaintiff to believe that the use of the English words is akin to use of the trademarks, the holder of a trademark may not remove a word from the English language merely by acquiring trademark rights in it."
I guess I'd better start watching which words I use for fear of lawsuits. Come on up to my... ahem... apartment-or-suite-on-the-top-floor and we can discuss it.
I suppose the instant reaction for a geek should be "anarchy! no laws!". So let's add trademarks to the copyright and patent laws that need repealing. Anarchy worked for a looong time before any system of laws was written up, so it can't be that bad. We even evolved under anarchy.
-Libertarian secular transhumanist
As a playboy,pimp, and all around playa. The ruling infringes on the rights under the Professionals in Management of Prostitution or PIMP act of 1972.
Once again the man is trying to keep a brotha down.
People who bite the hand that feeds them usually lick the boot that kicks them
Who wants to lay money on it that Hef cut a deal with the judges: "Rule in my favor, and you ALL can party at the mansion!"
You must be thinking of Henry Fjord.
Ryosen
One man's "Troll, +1" is another man's "Insightful, +1".