Yesterday morning while the rest of London was awakening to a beautiful summer morning, the AmeriKat was feverishly writing about money laundering and conflict of interests in the first of her final LPC exams. Battling the oncoming pilgrimage of English sun worshippers streaming their way to Hyde Park three hours later, she exhaustedly pawed her way back home to face another stack of revision that was eagerly awaiting her return. This particular stack is for a three-hour slog next Sunday which unfortunately means she will be unable to post her weekly Letter next week. (picture, left - the AmeriKat studying away for the final exams) The final death throws of her two year LPC slog will finish in 11 days, when the AmeriKat will return to her regularly scheduled programming. In the meantime, the AmeriKat has a little IP fodder for you to digest until then.
“While we are flattered by your admiration of our marketing efforts, please note that The Times owns the trademark rights in the slogan and your brazen appropriation of our intellectual property rights constitutes a willful infringement and dilution of The Times' rights under the Lanham Act."
- The strength of their logo - [the AmeriKat is sceptical to the level of the logo's distinctiveness]
- The degree of similarity between the two - [identical!]
- The proximity of the products and services - [identical!]
- The likelihood that the senior user will "bridge the gap" into the junior user's product service line - [if there even is a 'gap' it is very likely because they are competitors]
- Evidence of actual confusion between the marks
- Whether the WSJ adopted the mark in good faith - [well, if the Jehn letter is anything to go on...]
- The quality of the WSJ's products - [The AmeriKat must state she is a faithful WSJ reader, so obviously cannot comment impartially]
- The sophistication of the parties customers -[obviously incredibly sophisticated, see 7 above]
"We think we've made our point. And to get a rise out of you is just a special bonus."
"We don't think theft of intellectual property is a joke."