DC Comics, owner of the SUPERMAN character and corresponding trademarks, may in fact have a lock on the term “kryptonite,” much to the consternation of Kryptonite Corp., makers of the famous bicycle lock.

A New York City judge refused to throw out the trademark infringement case DC filed against the bike lock company, noting that “Kryptonite is an element associated with Superman entertainment products and it is thus entitled to protection.”

The two companies have existed for over 20 years pursuant to a 1983 agreement that limited Kryptonite’s use of the mark for locks and cables. Now that the company is producing new products (clothing, tote bags), all tights are off.

Montblanc North America, famous maker of high-end and executive pens and pencils has sued A.T. Cross Co. for trademark infringement and false advertising for marketing its refills with the MONT BLANC trademark conspicuously on the package.

Montblanc North America, famous maker of high-end and executive pens and pencils has sued A.T. Cross Co. for trademark infringement and false advertising for marketing its refills with the MONT BLANC trademark conspicuously on the package.

Getting straight to the point, Montblanc has asked a New York district court for a preliminary injunction to stop Cross from selling the pen refills in question. Seems these rival pen-makers have “crossed” paths before. In 2003, Montblanc sent a similar demand to Cross, who promised to address the issue. Evidently, that was the PENultimate altercation.

In its suit, Montblanc claims that Cross is taking advantage of the goodwill and equity built up in the mark MONTBLANC by featuring it so conspicuously on the Cross packaging. What’s worse, the Cross brand is missing from the package. Montblanc claims the refills’ markings do not reflect deminimus fair use of its trademark and vows to have its name removed. For Cross’ part, the bar-mitzvah gift king could not be reached for comment.

The 8th Circuit Court of Appeals has upheld a U.S. District Court ruling that Companion Products Inc.’s “Cody Cow” Computer Topper infringes Gateway Computers cow-motif trademark.

Companion Products makes computer plush animal heads that attach to stretch bands which wrap around computer monitors. Its collection includes numerous animals, including a cow, which naturally, is white with black spots. Consumers may buy these toppers (after market) to decorate their computer monitors. Cody Cow quickly became a best-seller, the cream of the crop, one might say.

No COWards they, Gateway, which has a trademark registration for the cow-motif as used in connection with computers, sued in Federal Court for trademark infringement. Companion argued that Cody was, well, a cow, that cows have spots, and that it was not using Cody specifically to market its plush heads, but merely selling a cow. Gateway’s response was that such a defense was Bull, and proffered expert testimony that the cow motif as used in connection with computers was widely recognized to be a Gateway trademark. Evidently, both the lower court and 8th Circuit agreed with Gateway, requiring Companion Products to change Cody’s spots. Notwithstanding the fact that cows do come in many colors, we think the 8th Circuit’s holding is udderly ridiculous.