Media & Entertainment Law

• http://jetl.wordpress.com/2009/06/15/lindt-defends-chocolate-bunny/

Yes, Lindt does have a US trademark registration for ?Chocolate, chocolate products, namely, a chocolate bunny in a foil wrapper.?

Link to screen shot from pto http://www.jdsupra.com/post/documentViewer.aspx?fid=3d26257d-7d8d-46d3-bb2a-4189816626c3

The application was based upon a priority filing date from a foreign application. The US application was initially refused with the examining attorney claiming the proposed mark comprises a configuration of the goods that is not inherently distinctive and would not be perceived as a mark. The refusal was overcome by filing a distinctiveness claim (provision 2(f)) based on continuous use of over 5 years and a claim in an earlier filed US trademark application. The question remains, if the EU registration is cancelled, could the US registration be cancelled because of the priority claim relating to the EU registration, or would the US registration be amended to show a later date of first use?

Guest: Adrianos Facheti, Esq.

• New Jersey Court rules Blogger is not a journalist and not subject to reporter’s privilege or shield law
  • http://lawprofessors.typepad.com/media_law_prof_blog/2009/07/new-jersey-judge-rules-blogger-cannot-claim-protection-of-shield-law.html
  • Where’s the line between journalist and citizen-on-a-soapbox?
  • Is a blogger a “media defendant”?
  • Does NY Times v. Sullivan elevated standard of “Actual Malice” apply?
• By Contrast, California courts have held that Bloggers ARE journalists:
  • http://www.mediabloggers.org/california-courts-rule-bloggers-are-journalists
  • Apple Barred From Obtaining Source Of Blog’s Article – O’Grady v. Superior Court – 139 Cal. App. 4th 1423, 2006 WL 1452685 (Cal. App. , 6th Dist., May 26, 2006)
• Sarah Palin resigns, attorney threatens media, bloggers, etc. (Adrianos’ Blog post commenting on state of journalism)
  • Would she have a claim? Public Figure? Couched as opinion? Reporting on the fact of rumors?