Magazine article Editor & Publisher

San Jose Daily Vows to Fight Ruling in Trademark Case

Magazine article Editor & Publisher

San Jose Daily Vows to Fight Ruling in Trademark Case

Article excerpt

IN A CASE that pits the San Jose Mercury News against a local alternative newspaper, the U.S. 9th Circuit Court of Appeals has dedared that the name of a newspaper feature has trademark law protection.

The court decided in favor of the alternative Metro in its antitrust action against the Mercury News over the latter's use of the word "eye" in a weekly tabloid.

The court said a Metro column, "Public Eye," is entitled to federal trademark law protection, thus reversing a district court ruling for the Mercury News.

However, the long-running legal battle is not over. The circuit court remanded the case to the lower court for a ruling on Metro's motion for a preliminary injunction to prevent the Mercury News from using "eye" in its publication.

Metro introduced "Public Eye" in 1985 as a political gossip column. In 1991, the Mercury News discontinued its Weekend section and replaced it with the weekly tabloid "eye," which is mainly devoted to entertainment items. Metro promptly sued over the Mercury News' use of the word "eye" as a trademark infringement.

The alternative tabloid's complaint said its readers were picking up "eye" from newsracks, believing it was Metro.

The district court denied Metro's request for the injunction, deciding that the name of a column within a paper did not constitute a trademark under the Lanham trademark act. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.