The PRO-IP Act Becomes Law

Last week President Bush signed a sweeping Intellectual Property protection bill into law. The bill, called the Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act of 2008, is meant to strengthen enforcement of intellectual property rights. It also creates a position for an Intellectual Property Enforcement Coordinator, or a “Pirate Czar”, as it’s quickly been nicknamed by the press. The Pirate Czar’s job would be to form a committee of knowledgeable advisors, act as liaison with a newly formed Department of Justice task force, and compile a plan about how to stop piracy of movies, music, and other valuable Intellectual Property.

The plan has watchdog groups skeptical of the PRO-IP Act’s usefulness. Internet websites are well known for their chameleon-like ability to adapt to any situation. Savvy Internet users who find that their favorite source of pirated entertainment has been shut down are highly likely to look elsewhere and find exactly what they want, just in another virtual location. Furthermore, the PRO-IP Act has a broad provision providing for the seizure of assets which worries many privacy rights advocates. The appointment of the IP/Pirate Czar, and further updates on the effectiveness of the legislation, will be forthcoming.

Better (Trade) Dressed: Vitaminwater or Vitaminshampoo?

Glaceau, manufacturer of the popular sports drink Vitaminwater, recently brought an action against Vogue International due to its new product called Vitaminshampoo. In addition to trademark issues, the suit involves a disagreement over trade dress. Trade dress includes the total “look” of a brand.

In the case of Vitaminwater, the brand has distinctive labels for its bottles, as well as a pending trademark application for the shape of the bottle. Vitaminshampoo, although in a larger bottle, has a label that is very similar to Vitaminwater’s, right down to the font of the text and visual layout. Vitaminshampoo has already been advertised in trendy fashion magazines, leading to several emails from interested readers to Glaceau inquiring when the new shampoo product would be available. Attorneys for Glaceau argue that these emails are tangible proof that the likelihood of confusion between the two products is real. For its part, Vogue International maintains that the goods are too different to be confused; after all, who would go to the shampoo aisle of the drug store and think they were buying drinking water? However, the law is on Glaceau’s side so far. A Southern District court judge issued a temporary restraining order against Vogue International, which bars the company from distributing, manufacturing, or advertising Vitaminshampoo. Settlement talks between the two companies are reportedly underway.