tag:blogger.com,1999:blog-5764290.post2015244316109610238..comments2024-03-18T07:00:59.438-04:00Comments on Rebecca Tushnet's 43(B)log: Worm poop and the Lanham ActUnknownnoreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5764290.post-24194687457091215242007-06-12T10:26:00.000-04:002007-06-12T10:26:00.000-04:00Here's a link to TerraCycle's appearance on BBC Wo...Here's a link to TerraCycle's appearance on BBC World News regarding the lawsuit with Scotts Miracle-Gro.. check it out!<BR/><BR/>http://www.youtube.com/watch?v=LOSA9qHnDIYAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5764290.post-42693580136660401122007-05-22T06:11:00.000-04:002007-05-22T06:11:00.000-04:00It seems absurd that TerraCycle a company attempti...It seems absurd that TerraCycle a company attempting to be environmental conscious would to attempt a patent claim that if successful would limit the use of recycled containers. Even more absurd is the original trademark owner’s claims of unfair use of "abandoned" containers. Original practice of soda manufactures such as Coke was to recycle their trademarked containers retaining their value. When that practice died in the 70's so did their retention of their trade dress trademark. I assert give them this serviceability and then hold them liable for proper destruction, e.g. the new recycle tax, true cost of all waste disposals, see how fast they would assert their ownership. Failure to reclaim the expressed trademark amounts to abandonment, recycled containers have surrendered their trade dress and fall into fair use the moment they hit the can. If Coke doesn’t enforce their trade dress and prevent the recycling, e.g. sale of used containers, they have abandon their trademark to fair use, genericy of trade dress. If you want to own it you own it from the cradle to the grave and if you can recycle it’s alive.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5764290.post-68545033030043231422007-05-20T22:09:00.000-04:002007-05-20T22:09:00.000-04:00The New York Times article was incorrect in indica...The New York Times article was incorrect in indicating that TerraCycle was seeking a trademark for its packaging style; in fact it has applied for a patent for packaging consumer products in used plastic bottles.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5764290.post-47000200028940636972007-05-20T16:42:00.000-04:002007-05-20T16:42:00.000-04:00Pepsi probably has a fair amount of secondary mean...<I>Pepsi probably has a fair amount of secondary meaning in its bottles as well</I><BR/><BR/>Note that just in the past month or so (at least in the Northeast), Pepsi has introduced a significantly different bottle design to go along with its new label--among other things, the Pepsi circular logo is actually embossed on the bottle. I assumed this was at least in part to get more trade dress protection for their bottles.Anonymousnoreply@blogger.com