Unless you’ve bought an official sponsorship, for your business to so much as mention the upcoming Olympics on social media “can be like doing the 100-yard dash through a minefield.” The rules warn non-sponsors not to “create social media posts that are Olympic themed… or congratulate Olympic performance” even if you have sponsored individual hopefuls, wish luck, use phrases like “go for the gold” or “let the games begin,” report Olympic results, host Olympic-themed team-building exercises for your employees, or “share anything from official Olympics social media accounts. Even retweets are prohibited.” [AdWeek]
Posts Tagged ‘trademarks’
August 3 roundup
- “Don’t Ground ‘Uber in the Sky'” [Ilya Shapiro and Randal John Meyer on Cato Institute brief in FAA v. FlyteNow]
- Trademark spats bog down the world of craft brewing and those over place names are among the worst [Timothy Geigner/TechDirt on Miami Brewing/M.I.A. Beer Co. conflict]
- After the Freddie Gray trials, redistricting, StingRay, cyberbullying, eminent domain and more in my new Maryland roundup at Free State Notes;
- “Attorney: DOJ’s pursuit of Post Office’s competitors shows hypocrisy of administration” [Jessica Karmasek/Legal NewsLine (fixed link), earlier on FedEx trial here, here, here]
- Trial lawyers seize on New Jersey law to file wave of cases challenging online agreements [The Economist]
- FDA’s war on vaping pleases big tobacco firms, makes little sense otherwise [Jonathan Adler, Jacob Sullum]
Thanks a lot but no thanks: Citigroup v. AT&T
Financial institution Citigroup says it has trademarked “ThankYou” as a marketing term in connection with customer loyalty and reward programs and is suing AT&T for using the term in its own new marketing campaign. [David Kravets, ArsTechnica]
Council candidate menaced for using city’s logo on yard signs
“The city of Mesa, Arizona, has threatened suit against a local businessman, Jeremy Whittaker, who is running for city council in opposition to a longtime city employee who enjoys endorsements from several current elected city officials. His offense? His lawn signs and campaign literature include a single-color version of the city’s logo …as a handy way of identifying the office for which he is running.” It has demanded he surrender all his campaign materials bearing the logo, but he’s not planning to give in. [Paul Alan Levy, CL&P via Mike Masnick, TechDirt]
Quaker Oats sends cease/desist to actual Quakers
Making the rounds, on Mental Floss and elsewhere, a story of how an overzealous lawyer for the Quaker Oats company sent a cease/desist letter to the Quaker Oaks (that’s “Oaks”) Christmas Tree Farm in Visalia, California, led by actual members of the Society of Friends and named after the tree under which religious services had been held for a time. The letter provoked this amusing and not un-peaceful response from William Lovett (“Our business is 100% owned and operated by Quakers. I suspect that your firm employs considerably fewer, if any, Quakers.”)
While the Deseret News sets the tale in 2012, it seems to have been in circulation longer than that, as seen in this 2006 posting. But since names in the story, including that of a lawyer for the food company, do check out as names of real persons, my guess is that the story is genuine.
May 24 roundup
- Not the theater’s fault, says a Colorado jury, rejecting Aurora massacre suit [ABA Journal, earlier here, here, and here, related here, etc.]
- Senate GOP could have cut off funds for HUD’s social-engineer-the-suburbs power grab, AFFH. So why’d they arrange instead to spare it? [Paul Mirengoff/PowerLine, more, earlier] Related: federal judge Denise Cote denies motion to challenge supposed speech obligations of Westchester County Executive Rob Astorino under consent decree with HUD [Center for Individual Rights; earlier here, here, etc.]
- “Earnhardt Family Fighting Over Whether One Earnhardt Son Can Use His Own Last Name” [Timothy Geigner, TechDirt]
- Freddie Gray charges, bad new laws on pay, the state’s stake in world trade, armored vehicles for cops, bar chart baselines that don’t start at zero, and more in my latest Maryland policy roundup [Free State Notes]
- “You can be fined for not calling people ‘ze’ or ‘hir,’ if that’s the pronoun they demand that you use” [Eugene Volokh on NYC human rights commission guidance]
- Despite potential for schadenfreude, please refrain from taxing university endowments [John McGinnis]
Free speech roundup
- Why Josh Blackman signed Wednesday’s New York Times ad protesting the AGs’ investigation and subpoenas on climate advocacy;
- Proposed revision of ABA Model Rules of Professional Conduct barring discrimination by lawyers could have major anti-speech implications [Eugene Volokh]
- “Game Studio’s Plan To Deal With Critic Of Games: Sue Him To Hell” [Timothy Geigner, TechDirt]
- The Citizens United case was correctly decided, says Michael Kinsley. And he’s right. [Vanity Fair]
- Fifth Circuit ruling prescribes attorney fee award after defeat of frivolous trademark litigation under Lanham Act [Popehat]
- So what’s a good way to support teaching evolution without climbing in bed with folks who put free speech in scare quotes? [National Center for Science Education on Twitter: “Tobacco Science, Climate Denial, and ‘Free Speech'”]
May 12 roundup
- “Days after Nooksack Judge Susan Alexander ruled against the tribal council, she was fired.” [Seattle Times, earlier]
- Alabama’s Roy Moore not a good exemplar of the rule of law, part 23 [Kyle Whitmire/AL.com, earlier]
- Failed small municipalities around St. Louis may need cleanup, yet consolidation is no cure-all either [Aaron Renn, Urbanophile]
- In doubly aggressive legal stance, Obama DoJ claims controversial North Carolina bathroom law violates federal law, threatens state with fund cutoff unless repealed pronto [Scott Shackford, Reason]
- “Vice Media Sends Cease And Desist To [Indie Rock Band] ViceVersa Over Trademark Infringement” [TechDirt]
- “Federal regulation is a hidden tax at nearly $15,000 per U.S. household each year.” [Wayne Crews, Competitive Enterprise Institute “Ten Thousand Commandments” for 2016; Ron Bailey on Mercatus study]
Why they can’t sell you Derby Pie
On the menu this week at your local restaurant or bakery, you might notice cute wordings like “Famous Horse Race Pie,” “Kentucky Bourbon Chocolate Nut Pie,” or even “We’re Not Allowed To Call This Derby Pie.” In a Cato podcast with colleague Caleb Brown, I explain why, and also mention in passing the aggressive enforcement of the Super Bowl trademark.
One reaction: anti-IP libertarian theorist Stephan Kinsella takes issue with several things I say in the podcast and in particular deplores my intended tone of neutral description of trademark law; he contends that a better position would be to challenge the legitimacy of trademark law and of intellectual property law generally, a view some libertarians have taken.
Trademark fight over “Hofbrau”
Generic descriptive words (such as, say, “restaurant”) are not supposed to be subject to trademark registration. But what about “Hofbrau,” a word that is generic and descriptive in a foreign language? [Timothy Geigner, TechDirt]