October 25, 2009
Classic Rewind: Air-O-Matic’s claim of trademark infringement doesn’t pass the smell test
This story was originally posted back in February of 2009 on The Legal Satyricon.
iPhone application developer, InfoMedia, Inc., filed a complaint last week, seeking a declaratory judgment from a U.S. District Court in Colorado. The pleading seeks to end a dispute that has been bubbling up between InfoMedia and one of its competitors, Air-O-Matic (AOM). What are these two companies fighting over? Dominance in the cutthroat realm of iPhone flatulence apps. (source)
Late in 2008, Apple decided to relax its draconian content censorship rules which govern the kinds of applications that could be offered for sale in its iPhone application store, allowing novelty applications that simulate farting noises. The app store quickly filled up with new entries into this niche market. Currently, a search for the term "fart" in the app store yields nearly 150 results, including such classics as "iToot", "Fart Box", and "Fart Piano" – to name a few.
October 13, 2009
Immoral or Scandalous Matter?
One of the "peculiarities" of U.S. trademark law is that the government has a stick up its collective ass about recognizing trademarks that may be suggestive of potty humor. Section 2 of the Lanham Act (the federal statute that creates trademark rights) provides:
No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it –
- (a) Consists of or comprises immoral, deceptive, or scandalous matter . . . .
15 U.S.C. § 1052 (2008).
