Intellectual Property Law

Tail wagging dog?

Posted on March 04, 2008
Or maybe not. Evan Brown reports about a lawsuit by a high-end computer manufacturer, Alienware, over one of those “free laptop” promotions that it claims mostly leans on its brand name: According to Alienware, after accepting the offer, users must purchase a specified amount of goods from various other sites...

No do-overs, no take-backs

Posted on March 04, 2008
Hypothetical: We are negotiating a trademark dispute. During those negotiations — which we both agree are being undertaken for purposes of settling our dispute — I, trademark user, promise not to object to (i.e., not to sue for) a certain use by you, other user, but we never actually incorporate that into any [...

Famous marks doctrine dunked again

Posted on March 03, 2008
Las Vegas Trademark Attorney reports that the Second Circuit has taken the “advice” of the New York Court of Appeals and rendered a final decision in the BUKHARA ?famous marks doctrine? case.  Writing about the original Second Circuit opinion from last year, he says: The court even acknowledged that its decision to reject the ?famous marks? [...

March Madness

Posted on March 02, 2008
Get the story here.

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This is a job for…

Posted on March 02, 2008
snapped shot, a website now basically shut down by the Associated Press, asks the musical question: As an aside, I’m somewhat befuddled on this point, and hope that some of you can help clarify this for me. How in the world can one provide analysis, commentary, and criticism on news photographs, if they are forbidden from [...

Speaking of prior restraint!

Posted on March 01, 2008
We toyed a little bit with the very big idea of prior restraint in constitutional law about a week ago. Now Clarice Feldman writes about “Duke’s boundless chutzpah”: After tarring and feathering and discriminating against the Duke lacrosse members at a critical juncture in their college careers and lives, the Duke Administration has gone [...

The Week That Was This Week

Posted on February 29, 2008
Now Marty Schwimmer’s doing “roundups” too.  Only more compelling proof that we shouldn’t!

Great moments in trademark trolling

Posted on February 29, 2008
CrunchGear: With Nuvio suing Garmin?s Nuviphone on fairly spurious grounds, let?s take a look at famous trademark wars of times past. A little more on the bit-sized scale than a survey of warfare, but decent enough filler.

Luxury goods rental

Posted on February 28, 2008
“Bag Borrow or Steal? - Borrow or Rent the Latest Authentic Designer Handbags Purses Jewelry and Accessories.” You know they — the Big IP guys — are sitting in conference rooms trying to figure out how to stop this. Soon enough when you buy a Gucci bag, it will come with a non-transferable “licensing” agreement! My actual prediction:  [...

In your head

Posted on February 27, 2008
Rebecca Tushnet: Trademark dilution is a cause of action for interfering with the uniqueness of a trademark. For example, consumers would probably not think that “Kodak soap” was produced by the makers of Kodak cameras, but its presence in the market would diminish the uniqueness of the original Kodak mark...

Spinnin’ at 78

Posted on February 26, 2008
I mean Counterfeit Chic, of course, and the 78th edition of the still remarkably well-stocked Knockoff News feature. Not that Susan Scafidi is remotely old enough to understand the reference in the title of this post. But as worn as my grooves are, I have no idea how she gets so many links, so often, [...

Pure evil

Posted on February 25, 2008
And it doesn’t even exactly involve the Red Sox: Various buildings overlook Wrigley Field, home of the Chicago Cubs. Entities unrelated to the Cubs operate businesses on those buidlings’ rooftops, charging admission and selling food and drink during Cubs games...

No social networking privilege

Posted on February 24, 2008
On Point reports that a New Jersey federal magistrate has, to the surprise of no actual attorney I could imagine, ruled that MySpace and Facebook postings and other social networking communications are discoverable in civil litigation. A New Jersey judge has allowed an insurance company being sued for denying benefits to children with eating disorders to [...

Brett Trout hosts Blawg Review

Posted on February 24, 2008
Brett Trout’s BlawgIT comprehensive and informative IP blog, BlawgIT, hosts Blawg Review # 148!

Senator Clinton? She rocks!

Posted on February 23, 2008
Or did she say “Xerox”?!

Spiritual balm for clerkship-seeking law students

Posted on February 23, 2008
In a totally random way, I ended up linking to an old piece about my adventures seeking a first-year summer associate position at my other blog. Then after some very flattering feedback, I figured some readers of this blog might enjoy it, especially law students, so here it is, freshly warmed from 1987...

IP News, fresh

Posted on February 22, 2008
Check out the new design at IP Newsflash!

Wile E. Coyote, Cybergenius

Posted on February 22, 2008
Eric Goldman updates us on the “Cyberlaw” trademark preposterousness: Despite his initial blustery defense of the application (which, as a reader noted to me, violated the First Rule of Holes), Menhart has now backed off his claim to own the term “CyberLaw...

Litigation Guy, updated

Posted on February 22, 2008
Eleven months ago I wrote about Carol Burnett’s lawsuit against 20th Century Fox, based on a tasteless parody of her “signature” charwoman character. I worked so hard on that post and it looks so purty, I’m going to drop it in here again, which will also increase the suspense about the opinion in [...

Plugging leaks

Posted on February 21, 2008
In the New York Times: In a move that legal experts said could present a major test of First Amendment rights in the Internet era, a federal judge in San Francisco on Friday ordered the disabling of a Web site devoted to disclosing confidential information...

Let it flow

Posted on February 21, 2008
The Invent Blog® reports on the latest fashion (and maybe a good idea) for IP lawyers: Flowcharts on IP for Clients to help them understand the options and contingencies before them. Good for clients; good for lawyers… if they’re done right.

Reproducing book covers?

Posted on February 18, 2008
Nolo?s Patent, Copyright, and Trademark Blog engages a common type of inquiry: Dear Rich: I have a question. I?m starting a literary website and I?d like to put up a lot of book covers. Do I have to get permission from the book publishers? I?m so glad you asked...

Dubious on “Rock ‘Em”

Posted on February 17, 2008
The TTABlog expresses considerable dubiosity about a Trademark Trial and Appeal Board finding of confusing similarity between “SOCK-UM” for a parlor game and “ROCK’EM SOCK’EM ROBOTS” for the action game everyone in their 40’s or so remembers so vividly from ’60’s and ’70’s TV commercials...

Patent Troll Tracker

Posted on February 16, 2008
Had everyone known about the Patent Troll Tracker and was just sneakily leaving me out of it? Did everyone else already know about this blog that takes A look behind the curtain at the people or organizations behind the many patent lawsuits brought by corporations that make or sell no goods or services[?] Well I caught [...

Eric Goldman’s Quick Links

Posted on February 16, 2008
I’m so glad other people do roundup type stuff.  For me, it’s just too much work. I’m even gladder when it’s guys like Eric Goldman!  Here are his January 2008 Quick Links (IP Edition).

Bookmark this

Posted on February 15, 2008
If you do legal research, this is where things are going. Lexis, Westlaw… hope you enjoyed the ride.

No respect

Posted on February 15, 2008
More aggressive branding gone bad:  A Singapore cosmetics company has withdrawn a line of makeup based on whimsical connections to the founder of Christianity: The products included a “Virtuous vanilla” lip balm and a “Get Tight with Christ” hand and body cream, featuring a picture of Christ flanked by two adoring women...

Diluting dilution

Posted on February 14, 2008
Michael Atkins says, “Here we go again”: With the Northern District of California?s understandable decision this week in Phase Forward Inc. v. Adams (STL post here) to follow its appellate court?s lead in Jada Toys, Inc. v. Mattel, Inc. (STL post here), I can?t help but face the fact that we have another split in the [...

All hail marks of Lennon!

Posted on February 13, 2008
Item: Yoko Ono Sues “Lennon” for Trademark Dilution.

Counterfeit Chic: Knockoff News 77

Posted on February 13, 2008
If you get your kicks on 66, imagine the heaven of 77!

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