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Tuesday, 24 February 2009

And the winner is...

In the spirit of Oscars obsession that has overtaken the UK, the IPKat brings you the news that the Academy of Motion Picture Arts and Sciences is asking the USPTO to revoke the HACKADEMY AWARDS trade mark on the ground that it may cause confusion. The mark is used for an alternative awards ceremony, where Breathe California of Sacramento-Emigrant Trails gives awards to films with the most and least incidences of smoking. This year the winner of the 'Thumbs Up' was 'What Happens in Vegas' and the 'Thumbs Down', 'The Curious Case of Benjamin Button'. 'Slumdog Millionaire' doesn't seem to have won any awards.

Hm, says the IPKat. He's not really sure that there would be confusion here. Tarnishment perhaps because of the association with cigarettes, but this would be a long shot, since the junior user is anti-smoking.

1 comment:

Nikos Prentoulis said...

I think you are right- I don't see how a confusion argument could hold in this case. And I can't really see an unfair advantage or dilution case either, at least not with European trade mark law standards (I wonder how "change in the economic behavior" would be demonstrated here).

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