Search for: "Boston Duck Tours v. Super Duck Tours,
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27 Dec, 2007 11:44 am
By Eric Goldman Boston Duck Tours, LP v. Super Duck
Tours, LLC, 2007 WL 4465464 (D. Mass. Dec. 5, 2007) In the latest advertiser-vs ... "use" for Lanham
Act purposes." Despite this, the injunction only restricts the use of the term "duck tours" as a trademark. The court concludes that the injunction doesn't restrict every possible ... are many others--for example, I can't erase my mental image
of the omnipresent duck boats in Wisconsin Dells. See the Wikipedia entry on this topic, listing other
venues. ...
26 Jun, 2008 8:07 pm
By Eric Goldman Boston Duck Tours LP v. Super Duck
Tours LLC, 2008 WL 2444480 (1st Cir. June 18, 2008) I previously blogged on this ... ). In my
previous post, I wrote "I wonder if the term "Duck Tours" has
become a generic description of tours in an unattractive amphibious vehicle." Apparently my speculation wasn't merely idle, because the First
Circuit has now concluded that "duck tours" in this context is, in
fact, generic. Accordingly, the plaintiff can only protect the geographic appellation " ...
19 Jun, 2008 3:47 am
... phrase "duck tours" nongeneric and so dissolved a preliminary
injunction. Boston Duck Tours, LP v. Super Duck
Tours, LLC, Nos. 07-2078 & 07-2246 (1st Cir. ... district court clearly erred in finding the
"likelihood of confusion" element of a trademark claim. The court also concluded that Boston Duck failed to show that it would likely succeed on its "design" trademark claim because, among other things, the parties' cartoon-duck logos looked different. Quack. Our feed feels a bit goosey tonight.
13 Jul, 2007 9:20 am
... or service mark in connection with sightseeing tour services in the Boston area. Boston
Duck Tours, LP v. Super Duck Tours, LLC, Civil Action No. 07- ... ' does not clearly refer to a broad, general category of services. Rather, the word 'duck' is a play on the World War II amphibious vehicles, DUKWs, which were the distinctive ... , suggestive, or arbitrary, concluding that in any event
the term "has acquired secondary meaning in the Boston area during the past 13 years." Text Copyright John L. Welch ...
24 Jun, 2008 9:09 pm
... . The defendant appealed. The First Circuit vacated the injunction. The district court's erroneous holding regarding the generic nature of "duck tour" caused the district court to give too much weight to those terms in the composite marks in its likelihood
of ... of success on the merits for both the word marks and design marks at issue. Therefore, the court vacated the district court's preliminary injunction. More concerning
Boston Duck Tours, LP
v. Super Duck Tours, LLC after the jump. [More]
12 Sep, 2008 2:33 pm
... of wilful infringement and patent validity and enforceability: Grantley Patent Holdings v Clear Channel: (PATracer), Clear With Computers - CWC settles with four defendants
in lawsuit over ... Trade Marks - Decisions Limits of 'actual confusion' clarified: Boston Duck Tours v Super Duck Tours: (Law360), CAFC finds National Football League's ... descriptive of
department store services, says TTAB, equivalently: In re M6 Ventures LLC (non precedential): (TTABlog), TTAB finds BOYD'S and BOYDS
confusingly ...
25 Jun, 2008 5:01 am
... Tours LP v. Super Duck Tours LLC, -F.3d-, 2008 WL 2444480 (1st Cir. June 18, 2008)
Boston Duck Tours has
been providing ... of Appeals. On appeal, the court reversed. It held that the lower court erred in finding that the term "duck tour" was not a generic term outside the protection of trademark law. In reaching this decision, the ... local belief, the unique idea of a
[d]uck [t]our did not originate in Boston." The case should serve as a warning to brand owners to ensure (apart from not selecting a ...
2 Apr 3:36 pm
... (D. Mass. March 27, 2009). I previously blogged about this case here. Hearts on Fire Company, LLC ("HOF"), the company behind the "Hearts
On Fire" diamond (a/k/a The World's Most Perfectly Cut ... of trademarks triggering banner ads as constituting use under the Lanham Act (Playboy Enterprises, Inc. v. Netscape
Commc'ns Corp., 354 F.3d 1020 (9th Cir. 2004); ... purchase of trademarked keywords to trigger sponsored links. See Boston Duck Tours, LP v. Super
Duck Tours, LLC, 527 F.
Supp. 2d 205, 207 (D. ...
28 Dec, 2007 12:31 am
Per Boston Duck Tours,
LP v. Super Duck Tours, LLC, --- F.Supp.2d ----, 2007 WL 4465464 (D. Mass. Dec. 05, 2007): ... .2d 123 (E.D.N.Y.2007) (same);
Fragrancenet.com, Inc. v. FragranceX.com, Inc., 493 F.Supp.2d 545 (E.D.N.Y. ... a trademark in website operation are not "use" in that sense. 1-800 Contacts, Inc. v.
WhenU.Com, Inc., 414 F.3d 400 (2d Cir.2005) (reversing ... plaintiff's mark to trigger pop-up advertisements); Australian Gold Inc. v. Hatfield, 436 F.3d 1228 (10th Cir.2006)
(same). The reasoning ...
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