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Cogito Ergo Teneo; an intellectual property blawg 
Dedicated to reporting on recent U.S. copyright, trademark, and trade secret law, as well as any other interesting intellectual property news. IP news in a nutshell, and digested decisions without the spin.
Post Frequency: 0.1/day Last Entry: December 04, 2007 at 16:10:00 Recent Entries: 25
By Sean Fowler
Go to Cogito Ergo Teneo; an intellectual property blawg, find other Intellectual Property Law blogs, or browse all law blogs.
112807 IP News
Posted on December 04, 2007Oh, just had to comment on this one:? SCOTUS has passed on taking up the Perfect 10 v. CCBill case. Story on Mashable, but the deliberations and breaking of the news to the law clerks may have gone a lot like this little bit presented by MZOnline.
Copyright Law: Viewfinder 060507
Posted on November 28, 2007Sarl Louis Fraud v. Viewfinder, 2nd U.S. Circuit Court of Appeals, No. 05-5927-cv (June 5, 2007):Issue:Viewfinder operates a site, "FirstView," that offers photographs from various national and international fashion shows. For old fashion shows, the viewing is free...
Copyright Law: Loretta Lynn 060607
Posted on November 28, 2007Loretta Lynn v. Sure-Fire Music Company, 6th U.S. Circuit Court of Appeals, No. 06-5358 (June 6, 2007):Issue:The short of it is Loretta Lynn and Sure Fire were battling over copy rights to several songs penned by Loretta Lynn. Loretta Lynn brought six of her claims under state law...
112807 IP News
Posted on November 28, 2007A brief break between briefs:? Knievel and Kanye have worked out a settlement about that whole jumping the canyon misunderstanding. -- Yahoo! News? Tehranian speaks of Copyright Armageddon. The entire article takes a Flying Spaghetti Monster approach to the current wisdom of copyright law...
Trademark Law: F.A.R. Food 053107
Posted on November 12, 2007F.A.R. Food v. R. Fresh, 7th U.S. Circuit Court of Appeals, No. 06 MA 149 (May 30, 2007):The Rulli Brothers created a grocery food store 80 years ago. The Rulli family sold the Rulli Bros. chain several decades ago. Shortly after selling the chain, the family got into selling deli and produce in local flea markets in the same area...
Copyright Law: Welles 053007
Posted on November 12, 2007Welles v. Turner Entertainment Company, 9th U.S. Circuit Court of Appeals, No. 05-55742 (May 30, 2007):Issue:When Orson Welles (OW) signed on for "Citizen Kane," (CK) he actually signed on for a threefer of movies. When the movies, including CK, flopped, OW signed an exit agreement that essentially cancelled the first contract that RKO signed with Mercury and OW...
Copyright and Trademark Law: Perfect 10 v. CCBill 053107
Posted on November 12, 2007Perfect 10 v. CCBill, 9th U.S. Circuit Court of Appeals, Nos. 04-57143/04-57207 (May 31, 2007):Perfect 10 became aware of an ISP that featured such sites as illegal.net and that featured unlicensed copies of Perfect 10's copyrighted pictures on such sites...
Trademark Law: Abercrombie & Fitch 052207
Posted on November 12, 2007Abercrombie & Fitch v. Moose Creek, 9th U.S. Circuit Court of Appeals, No. 06-56774 (May 22, 2007):Issue:Once upon a time, Moose Creek (MC) sued Abercrombie & Fitch (AF) about AF's use of moose logos. In this litigation, AF argued that the field of moose-themed marks was crowded, the companies had different marketing channels, and the professional buyers at issue in the litigation exercise a great deal of care in their selections...
Trademark Law: Bayer 052407
Posted on November 11, 2007In Re Bayer Aktiengesellschaft, Federal U.S. Circuit Court of Appeals, No. 2006-1279 (May 24, 2007):Issue:Bayer, a maker of aspirin-based pain relievers, wanted to register the word, "Aspirina," as a trademark. The examining attorney refused the trademark on the grounds that the term would either be applied descriptively or deceptively misdescriptively...
Copyright Law: Darden 052407
Posted on November 11, 2007Darden v. Peters, 4th U.S. Circuit Court of Appeals, No. 06-1177 (May 24, 2007):Issue:Darden runs a site located at appraisers.com. For this site, Darden compiled U.S. Census maps and hired someone to touch them up. The work-for-hire contractor colored all the maps blue and added shading to all the objects on the maps to create a three-dimensional feel...
11/07/07 IP News
Posted on November 07, 2007Oh, I know I am still back on May cases, but things are winding down on this big case on which I have been working. Should free up some time here and there to do some serious catching up, I hope.Anyway, your latest IP news:? Hasbro doesn't want to be a toy company anymore; it wants to be a company that creates marketable intellectual property, kind of like Disney has become...
Trade Secret Law: XWave 051807
Posted on November 07, 2007XWave New England Corp. v. McLean and Pratt, Superior Court of Maine, Cumberland County, No. CV-07-16 (May 18, 2007):Issue:McLean and Pratt signed noncompete agreements with XWave. The restrictions in the agreements prevented them from competing with XWave for one year from the date of departure from the company...
Trademark Law: Colt v. Bush 051807
Posted on November 06, 2007Colt Defense v. Bushmaster Firearms, 1st U.S. Circuit Court of Appeals, NO. 06-1696 (May 18, 2007):Issue:Colt developed a more compact and lightweight M16 for the U.S. Military. In accordance with the U.S. military's naming conventions, the U.S. military called the gun "Model 4" or "M4" for short...
Copyright Law: Kahle (Again) 051407
Posted on November 06, 2007Kahle v. Gonzales, 9th U.S. Circuit Court of Appeals, No. 04-17434 (May 14, 2007):Issue:Renewals of copyrights have become, via the CTEA, an opt-out rather than and opt-in process.Pertinent issues of copyright law:1) Did SCOTUS explicitly answer the question in Eldred as to whether such a change fundamentally alters the contours of copyright law with regard to public domain?2) Does the CTEA violate the "limited times" requirement?Conclusions:In upholding the constitutionality of the CTEA in Eldred, SCOTUS impliedly answered the question...
Copyright Law: Perfect 10 v. Google 051607
Posted on November 06, 2007Perfect 10 v. Google (& Amazon), 9th U.S. Circuit Court of Appeals, Nos. 06-55405/06-55406/ 06-55425/06-55759/06-55854/06-55877 (May 16, 2007):Issue:Once upon a time, Perfect 10 sued Arriba for displaying thumbnails and lost. According to the court there, reference thumbnails were a very transformative use of pornographic pictures...
051607 Copyright Law: Furkin
Posted on August 27, 2007Furkin v. Smikun, 7th U.S. Court of Appeals, No. 07-1067 (May 16, 2007):Issue:In 1985, Furkin hired Smikun to write a program called, "Silent Partner." This program was designed to keep track of sale on coin-operated machines, and the two agreed that they would split the profits...
08/27/07 IP News
Posted on August 27, 2007I need to catch up on cases, but I couldn't help but post this:? Dale Spender, an Australian researcher and writer on new technologies, bemoans that the U.S. has set the international rules of intellectual property after first capitalizing on IP theft as a means of development for itself...
050707 Trade Secret Law: AFM Insurance
Posted on August 25, 2007American Family Mutual Insurance Company v. Roth, 7th U.S. Circuit Court of Appeals, No. 06-3412 (May 7, 2007):Issue:Roth and at least one other insurance agent working with AFMI left and started out on their own using a client list called Exhibit 34 by Judge Posner and his court...
051107 Trade Secret Law: Gabriel Performance Products
Posted on August 21, 2007Gabriel Performance Products v. Cognis Corporation, Court of Appeals of Ohio, 11th App. Dist., Ashtabula County, No. 2006-A-0071 (May 11, 2007)"Issue:DSCC created the hardening agent known as Capcure in the 1960s. It created the Capcure agent at its Astabula, Ohio, plant...
050807 Trademark Law: Tyler Green Sports
Posted on August 20, 2007Green v. Fornario, 3rd U.S. Circuit Court of Appeals, No. 06-2649 (May 8, 2007):Issue:Tyler Green was a Phillies baseball player that washed out quickly because of injuries but has stayed large in the Philadelphia-area baseball community with local media coverage of his coaching, and he has a sports business called Tyler Green Sports...
05/03/07 Trade Secret Law: Los Cucos Mexican Cafe
Posted on May 20, 2007Los Cucos Mexican Cafe v. Sanchez, Court of Appeals of Texas, 13th Dist.. Corpus Christi - Edinburg, No. 13-05-578-CV (May 3, 2007):Issue:When two of its employees left the Los Cucos restaurant chain to start their own Mexican restaurant chain, Los Cucos sued...
04/30/07 Copyright Law: Chase Jarvis
Posted on May 20, 2007Chase Jarvis v. K2, 9th U.S. Circuit Court of Appeals, No. 05-35609 (April 30, 2007):Issue:Jarvis, of Chase Jarvis, Inc., was a freelance photographer whose photographs were often used in k2 ads. When the working relationship soured, Jarvis revoked K2's right to reuse his works...
04/30/07 Copyright and Trademark Law: Vincent
Posted on May 20, 2007Vincent v. City Colleges of Chicago, Ezekiel Morris, 7th U.S. Court of Appeals, no. 06-3082 (April 30, 2007):Issue:Ms. Vincent wrote a book, entitled "Smart Foreclosure Buying," in her tenure at the college. Things soured between the college and Vincent, and Vincent left...
04/24/07 Trade Secret Law: Lydall
Posted on May 20, 2007Lydall v. Ruschmeyer, Supreme Court of Connecticut, No. SC 17612 (April 24, 2007):Issue:Ruschmeyer appealed several trade secret outcomes weighing against his favor. Chief among them was the lower court's assertion that because the entire strategic plan in question was a trade secret, each disclosure of a portion of that strategic plan was itself another misappropriation...
04/27/07 Copyright Law: PODS
Posted on May 20, 2007So tragically long since my last post. Things got really busy. Among these things, I have a new job at last. Anyway:PODS v. Porta Stor, Federal U.S. Circuit Court of Appeals, No. 2006-1504 (April 27, 2007):Issue:PODS came up with a patent for lifting and moving storage units...
When Government Inversely Condemns Property by Regulation, Magnitude of State Interest Has No Bearing Upon Just Compensation
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When Government Inversely Condemns Property by Regulation, Magnitude of State Interest Has No Bearing Upon Just Compensation
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Eminent Domain in China: Private property rights law opens the door to capitalism
by Priya Prakash Royal'The revision of the property law delivers a...
Property Owner Fights Zoners Over Planned Cross On Lake Michigan
Friday's Grand Haven (MI) Tribune reports that a St. Joseph, Michi...
National Episcopal Church Gets Only Limited Intervention In Property Dispute
In Diocese of Central New York v. St. Andrews Episcopal Church, (N...
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