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Legal Fixation 
Copyright, trademark, and entertainment law, branding, and the Internet.
Post Frequency: 0.4/day Last Entry: February 13, 2008 at 17:26:00 Recent Entries: 93
By Matthew Saunders and Aaron Silverstein
Go to Legal Fixation, find other Copyright Law blogs, or browse all law blogs.
New blog location
Posted on February 13, 2008We've shifted the blog over to our shiny new website. Come visit, and don't forget to edit your bookmarks. We've yet to master Wordpress, so we're still working on adding links, RSS feeds, and all the other bells and whistles. Comments, questions, Wordpress tips are of course welcome...
18-1 doesn't have that same ring to it
Posted on February 03, 2008Almost-perfect seasons come and go, but embarrassing, soon-to-be abandoned trademark applications are forever.
Prepare for the merch-a-lanche
Posted on February 01, 2008As a long suffering Dolphins fan, I'm with Schwimmer. Here's one of the four applications filed by the Kraft Group LLC for "19-0" and "Perfect Season" marks. I do credit them for waiting until January 17th to file. Cocky, but not overly so.
Virtually Blind on SLART
Posted on January 25, 2008Virtually Blind covers the SLART controversy in great detail.
Don't Infringe Me, Bro!
Posted on January 10, 2008Making the rounds today is the story of Stefan Doyno, his registered trademark CHANGE ROCKS. (yes, the period is apparently part of the mark), and the Obama campaign's use of "change rocks" in promoting a series of fund raising events. From LoHud.com:Stefan Doyno picked the name "Change Rocks" about three years ago when he started a business to market his patent-pending invention of rings with interchangeable stones...
Big Brothers, Big Sisters, Big Confusion?
Posted on January 01, 2008The Big Sister Association of Greater Boston has filed suit against Big Brothers Big Sisters of Massachusetts Bay for trademark infringement. Last year, Big Brothers' decided to add "Big Sisters" to its name which Big Sister claims has created confusion...
Dumpster Diving for Electronic Discovery
Posted on December 19, 2007When faced with federal litigation it's generally not a wise move to destroy your computer.
Top Ten Reasons A Screenwriter Needs A Lawyer
Posted on December 17, 2007From Robert L. Seigel at Cowan, DeBaets, Abrahams & Sheppard comes this helpful list of ten scenarios in which a screenwriter most finds him or herself in need of an attorney. "When you want to collaborate on a script with your soon-to-be-former friend" should be of particular note to aspiring writers out there.
Patent (Pending) Attorneys
Posted on November 29, 2007Eric Heels explains why he is now a "patent pending attorney." As always, Eric provides excellent, well-written analysis that even a lowly trademark attorney like myself can understand.
Xtreme Trademark Application!
Posted on November 26, 2007Trademork reports on the latest Mountain Dew applications filed by PepsiCo.
Fake Louis Doesn't Rate
Posted on November 20, 2007Sure we have fake handbags, watches, and DVDs. But nothing compares to fake currency.
MySpace Liable in France for Copyright Infringement as Publisher
Posted on November 19, 2007In France, MySpace has been found liable for infringement of comic Jean-Yves Lambert's publicity rights and copyrights. MySpace was held liable because the court ruled that it was not only a hosting provider but also a publisher of the infringing content...
McAfee: The State of Typo-Squatting 2007
Posted on November 19, 2007McAfee study on the current state of typo-squatting. The upshot is that the problem is getting worse. The report has a nice graphic showing the "Squatter Money Cycle." (via C|Net)
Martha Stewart and the Katonah Village Improvement Society Settle Trademark Dispute
Posted on November 15, 2007It appears that Martha Stewart Living Omnimedia and the Katonah Village Improvement Society have settled their differences regarding the KATONAH mark. MSO will be able to use the mark on some goods, but not on others. Of MSO's three federal trademark applications for the KATONAH mark, only one has not been abandoned...
Art and Egg Nog
Posted on November 15, 2007Somerville, Mass.-based artist Jenn Ski will have her space age bachelor pad style works featured in an upcoming television ad campaign for Hood's new flavored egg nogs. If she's really lucky, she'll get a case of the stuff gratis. Hood nog is Legal Fixation's nog of choice (mine, anyway).
Haute Diggity Dog Affirmed
Posted on November 13, 2007Rebecca Tushnet is reporting that the Fourth Circuit has affirmed the Haute Diggity Dog trademark dilution decision.
The Art of the 360 Deal
Posted on November 13, 2007Jeff Leeds in The New York Times has a nice look at what's known as the 360 deal, whereby a record label profits not just from its artists' record sales, but merchandising, endorsements, touring, and anything else they can get their hands on. In return, the theory goes, the artist is given more time to develop, rather than immediately pressured to sell millions of albums...
Stanford Copyright & Fair Use Website
Posted on November 06, 2007The Stanford Copyright & Fair Use website has been updated, and is chock-full of resources, news, and much more good stuff. Definitely worthy of a bookmark, whether you're a practitioner or a content creator.
Links for 2007-11-01 [del.icio.us]
Posted on November 02, 2007Natural Handyman's adjusting water heater temperature
Links for 2007-11-01 [del.icio.us]
Posted on November 02, 2007Natural Handyman's adjusting water heater temperature
Obligatory Red Sox Celebration Post
Posted on October 30, 2007Speaking of pumpkin carvings...(photo and carving: rocketlass)
Copyright Infringement is Spooooky Stuff
Posted on October 30, 2007Illustrator Dani Jones tells a scary tale of encountering a very familiar-looking pumpkin carving, and offers a brief lesson in copyright.
Domain Name Front Running
Posted on October 29, 2007As if the domain name system wasn't screwed up enough as it is. Now we may have to deal with Domain Name Front Running. Although ICANN has not seen this practice in the wild, it has issued an advisory on the practice. According to DomainTools Blog, Front Running is a practice of stealing someones domain name search queries and registering the domain name before the original person can register it...
AC/DC Acquires acdc.com Domain Name
Posted on October 23, 2007AC/DC has gained control of the acdc.com domain name.The domain was previously owned by a company specializing in adult content. The purchase price was not disclosed.AC/DC label manager Sam Horsburgh from Albert Productions in Sydney said with fans as young as 10 or 11 turning to the site something had to be done...
Ocean Pacific Brand Resurrected
Posted on October 23, 2007Murketing reports on a Business Week story chronicling the resurrection of the very 80s brand Ocean Pacific, or OP. The brand is owned by Iconix Brand Group which is run by Kenneth Cole's brother, Neil.Murketing has a number of questions about this brand, including the how and when the marks were acquired...
Rockies Seek Registration for ROCKTOBER
Posted on October 19, 2007There's the Sports Illustrated curse. There's the Madden curse. Might there be a PTO curse? The Colorado Rockies sure hope not, as they've filed four applications for federal registration of ROCKTOBER for various goods and services (one, two, three, four)...
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How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
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you can always take them to small claims court and sure them for 3 times the amo...
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is===1Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
How do you recover money from a stop payment placed on a personal check given to you?
you can always take them to small claims court and sure them for 3 times the amo...
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