The Wall Street Journal’s Law Blog reports on New Yorker Jennifer Cassetta’s fight with Home Box Office, Inc., over her 2006 application to register HEALTH AND THE CITY in connection with “physical fitness instruction.” (Law Blog’s first post on the story here.) HBO, owner of its “Sex and the City” television program and SEX AND THE CITY family of marks, had extended the time to oppose Ms. Cassetta’s application since June. However, its last extension lapsed on Nov. 18, clearing the way for Ms. Cassetta to get her registration.
Most of the reader comments applauded Ms. Cassetta’s triumph over the “suits” at HBO and its parent, Time Warner Inc. However, two thought Ms. Cassetta had brought the trouble on herself by selecting a trademark that trades off HBO’s. I’ve got to side with the latter view. Out of the infinite universe of possible trademarks, she had to pick one that brought to mind HBO’s famous mark? Sure sounds like dilution by blurring to me.