Intellectual Property Law

Fabulous logos

Posted on March 09, 2011
Originally posted 2007-03-05 12:13:54. Republished by Blog Post Promoter Radar considers “The World’s Gayest Logos.” I’m just glad to see a little talk of optimism and glee in the trademark field, believe me. Fabulous logos ©, .

Avast ye, domain lubbers!

Posted on March 09, 2011
Originally posted 2007-10-21 18:58:59. Republished by Blog Post Promoter Your Name Is My Business explains domains on the Internet main — or at least one of them: sarcy dogs trying to make a virtue of a scurvy vice! Avast ye, domain lubbers! ©, .

I feel like a table-tennis ball!

Posted on March 03, 2011
When I saw Sergiy Sivochek’s post about the PING PONG trademark, I thought it sounded familiar — and it is!  Pamela Chestek and I swatted it back and forth down in the comments of this doohickey a while back.  Seems that maybe, perhaps, the matter of whether PING PONG really functions as a trademark will be [...

“This will affect people from top to bottom.”

Posted on March 03, 2011
Originally posted 2005-06-16 10:08:58. Republished by Blog Post Promoter That was the comment from pornographer Jim McAnally (careful how you type that), who told Wired mag that “more than half of hard-core websites, including some of his, will have to dump significant numbers of photos and videos” because of a new law requring smut peddlers [...

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The slide to genericide

Posted on March 03, 2011
Originally posted 2006-07-24 23:38:26. Republished by Blog Post Promoter Evan Brown writes about everyone’s favorite candidate for the dustbin of trademark history — Google. It’s obvious to me that Google has made a conscious decision not to police the use of its trademark as a verb, because as far as I know it never does...

The big guys

Posted on February 28, 2011
I try these days not to blog about blogging, but this item seemed like a good opportunity to depart from the general rule. My friend Ray Dowd of Copyright Litigation Blog fame has caught a little attention with this post listing “the top 50 intellectual property law blogs of all time,” according to Justia’s Blawgsearch...

IP gone bad.

Posted on February 28, 2011
Originally posted 2006-12-10 12:03:41. Republished by Blog Post Promoter He felt burned by his patent lawyer, Michael McKenna, so he went back and killed him. IP gone bad. ©, .

Who owns the copyright in scans of public domain works?

Posted on February 28, 2011
Originally posted 2006-05-07 11:39:56. Republished by Blog Post Promoter I love Plan59.com. If you’re my age or a little older, almost any click on this smartly designed and comprehensive website can recreate a certain feeling that comes with recalling a much more secure, confident and simple America — kind of like the grown up version [...

More on blogger immunity for libel

Posted on February 28, 2011
Originally posted 2007-02-27 01:06:36. Republished by Blog Post Promoter Instapundit.com said it perfectly well, and he can afford the occasional wholesale lifting of an item, can’t he? MORE ON BLOGGER IMMUNITY FOR LIBEL in posts by blog-commenters, from the U...

All wet

Posted on February 28, 2011
Originally posted 2007-04-20 13:23:34. Republished by Blog Post Promoter Wordlab has the latest on the surf wars. All wet ©, .

Love means …

Posted on February 28, 2011
Originally posted 2010-05-10 11:50:20. Republished by Blog Post Promoter Jim Lindgren of the The Volokh Conspiracy writes (hat tip to Glenn Reynolds), a tad grudgingly, of a kinder, gentler left-wing Supreme Court nominee on the issue of that supposedly black-hearted fascist group I’ve been an active member of since 1985: Charles Fried tells part of the story [...

American Red Cross lands right cross against J&J

Posted on February 28, 2011
Originally posted 2008-05-15 15:10:20. Republished by Blog Post Promoter Johnson & Johnson started it. The Red Cross wins it: A federal judge last night ruled against Johnson & Johnson (J&J) in its suit to stop the American Red Cross from using the Red Cross emblem on first aid and other health and safety products sold [...

Righthaven – Media Bloggers Association files amicus brief

Posted on February 24, 2011
I’ve written a little bit about the Righthaven lawsuits before.  Now, as reported in the Las Vegas Sun, on behalf of the Media Bloggers Association I’ve helped write something that could matter, namely this amicus brief, the laboring oar of which was manned by Marc Randazza and J...

Q the Lawyers

Posted on February 24, 2011
Originally posted 2005-03-27 00:00:00. Republished by Blog Post Promoter A report in the online Financial Express says that Nissan is suing Audi over “Q.” To wit: ?We are seeking to bar Audi from using any names that could infringe on Nissan?s right over the letter ?Q?,? she added...

Parody is not a form of imitation

Posted on February 24, 2011
Originally posted 2007-10-25 16:12:33. Republished by Blog Post Promoter And it’s certainly not flattering. Anthony J. Tambourino examines another case, soup to nuts, where someone doesn’t get the difference between parody and just plain ripoff...

Strict construction

Posted on February 24, 2011
Originally posted 2005-01-05 09:06:00. Republished by Blog Post Promoter No, not more about that constitutional dustup at the Volokh Conspiracy. The delivery guys were supposed to be here yesterday with a blog roll and a direct link on the top to the firm website...

Footlong trademark thing

Posted on February 22, 2011
What’s all this I hear about a trademark registration by Subway for FOOTLONG with respect to sandwiches? This is one of those other stories I just want to leave to other people.  Doesn’t agree with me. Aaron Thalwitzer ably demonstrates why I am justified in doing so in this fine post on the Tactical IP [...

The old IP/antitrust axis, revived

Posted on February 22, 2011
Originally posted 2007-03-14 13:00:11. Republished by Blog Post Promoter Michael Atkins examines a recent decision addressing the possibility of “restraint of trade by trademark.” The supposed nexus of antitrust and intellectual property always takes up a chapter in the textbook...

A 3-D trademark – Taipei 101

Posted on February 22, 2011
Originally posted 2006-02-27 10:30:28. Republished by Blog Post Promoter Markenbusiness News reports: Skyscrapers can not only be landmarks, they can also be trademarks as well. That has now been made clear by the owners of the 508 meter high, 101 storey “Taipei 101″ in Taiwan...

Naming names

Posted on February 22, 2011
Originally posted 2007-03-13 14:18:57. Republished by Blog Post Promoter What with all the good ones being taken, it’s only getting harder to hit that brand-name home run for a new product. Naming names ©, .

No free lunch. But those prices?

Posted on February 22, 2011
Originally posted 2010-04-16 16:40:06. Republished by Blog Post Promoter “Information wants to be free.”  I must have mocked those words dozens of times here.  Or a few.  I might be counting the times I just thought that.  Either way, that expression is not an argument...

Unsettling settlement

Posted on February 17, 2011
Two years ago I expressed my own criticism, and later rounded up a number of other views of the case brought by J.D. Salinger against a “sequel” to The Catcher in the Rye written by Fredrik Colting.  Last year, in a guest post, Matthew David Brozik added his own thoughts on the topic — right on [...

Read Knockoff News 40

Posted on February 17, 2011
Originally posted 2006-11-15 12:49:42. Republished by Blog Post Promoter Why shop anywhere else? Read Knockoff News 40 ©, .

They just mailed it to you. It’s yours. You can sell it.

Posted on February 15, 2011
Eric Johnson: The Ninth Circuit has decided that if you get unsolicited CDs through the mail, you can turn around and sell them on eBay. It’s not copyright infringement, notwithstanding a label on the CD that says “Promotional Use Only?Not for Sale...

Just Say No

Posted on February 15, 2011
Originally posted 2005-03-30 09:40:00. Republished by Blog Post Promoter Got a call from CBS News a few minutes ago. “You’re a constitutional lawyer, right?” “Yes,” I replied. “It is constitutional for me to practice law...

Blawg Review is here!

Posted on February 15, 2011
Originally posted 2006-10-23 09:27:35. Republished by Blog Post Promoter Never mind where they said it would be. It’s here! It’s here! (And that’s why you can’t rely on Blogger.) Blawg Review is here! ©, .

Anonymous penumbras; submerged emanations

Posted on February 15, 2011
Originally posted 2008-12-12 11:19:49. Republished by Blog Post Promoter Glenn Reynolds links-n-thinks: ESTHER DYSON: Internet anonymity is like abortion. ?I?m pro choice, but I think abortion is an unfortunate thing. I think the same thing about anonymity: Everybody should have the right to it, but it?s not something one wants to encourage...

Counterfeit Chic: Knockoff News 77

Posted on February 15, 2011
Originally posted 2008-02-13 08:15:30. Republished by Blog Post Promoter If you get your kicks on 66, imagine the heaven of 77! Counterfeit Chic: Knockoff News 77 ©, .

Best of 2009: “Orange you glad you’re such mullahs?”

Posted on February 15, 2011
Originally posted 2009-12-26 22:48:55. Republished by Blog Post Promoter This was first posted on April 29, 2009: William Lozito at Name Wire writes about a counterfeiting double-cross, or is it triple-cross or something more?, that is so byzantine in its fruity dimensions that only the wretched Zionist Entity could have hatched it...

The ultimate trademark?

Posted on February 13, 2011
Okay, so I thought I had accomplished something by snagging a registration for the concept at the heart of trademark protection — why, LIKELIHOOD OF CONFUSION® of course! This, however, takes the cake: Now, of course, we all know that the “TM” symbol does not indicate the existence of a trademark registration under U...

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