Intellectual Property Law

There must be some kind of way out of here

Posted on August 15, 2010
Originally posted 2008-07-09 00:51:24. Republished by Blog Post PromoterBut mediation isn’t it — in the Jimi Hendrix vodka case, that is, which Mike Atkins has been all over since last year, as we reported back then. No settlement, says Mike now; back on a litigation track...

Speaking of prior restraint!

Posted on August 15, 2010
Originally posted 2008-03-02 00:42:46. Republished by Blog Post PromoterWe 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 [...

Settlement in Google click advertising case; website inaccessible

Posted on August 15, 2010
Originally posted 2006-05-21 11:00:55. Republished by Blog Post PromoterI got this notice by email regarding the settlement by Google of the click advertising lawsuit: This court-ordered notice may affect your legal rights. Please read it carefully. If you purchased online advertising from Google between January 1, 2002 and the present, you are a class member [...

Dough, a dear

Posted on August 11, 2010
The Stay-Puft Marshmallow Man wreaked some havoc in his time, but who would have thought that his inspiration — the Pillsbury Doughboy — would act the part of a veritable Gozer the Destroyer himself, at the expense of a funky new-age bakery? A few weeks ago, the founder of a Salt Lake City-based bakery, My Dough [...

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Publishers vs. YouTube

Posted on August 11, 2010
Republished by Blog Post Promoter Mack Reed puts his finger on it — almost — in the Online Journalism Review: The Web has made unauthorized propagation of information — whether copyrighted or not — instantaneous and virtually irreversible...

Oklahama! OK!

Posted on August 11, 2010
Republished by Blog Post PromoterIs it still “mainstream media” if the guy isn’t wearing a tie? Oklahama! OK! ©, .

I have completely run out of “Twitter” puns

Posted on August 10, 2010
But that doesn’t mean you aren’t entitled to a long-overdue of key topical tweets of the last few weeks … or so. At my age I get lazy reflective; I get misty.  In the old days these retweets via @roncoleman would have justified entire blog posts...

Sewage Treatment

Posted on August 10, 2010
Originally posted 2005-05-25 08:17:00. Republished by Blog Post PromoterThe issue of companies that technologically filter the sludge that oozes out of Hollywood in order to preserve a semblance of entertainment or enlightenment in that product line, while perserving other sensibilities, is bubbling up...

Hitler on copyright

Posted on August 10, 2010
Originally posted 2009-10-22 19:57:33. Republished by Blog Post PromoterThe “Downfall parodies” aren’t really parodies, in the legal sense.  But as this one demonstrates, “Hitler” does seem to understand something about copyright, law, IP management and, of course, slaloming through alternative realities: Never before has an historical figure, much less one of history’s most evil men [...

Slamming the DOORS

Posted on August 10, 2010
Originally posted 2008-08-25 23:52:30. Republished by Blog Post PromoterHistory repeating and all, ya know.  First time, tragedy.  Second time — farce. Slamming the DOORS ©, .

Counterfeit Chic: Knockoff News 67

Posted on August 10, 2010
Originally posted 2007-08-21 08:23:15. Republished by Blog Post PromoterRead it and laugh. Or cry. Definitely laugh or cry. Then read this really good article on Counterfeit Chic which stands for the proposition that designers shouldn’t use their own names on their labels...

Found blogs

Posted on August 06, 2010
Bunches of new soft IP blogs have sprung up.  I’ve been adding them to the Blogroll (for civilian blogs) or the Professional Courtesy roll (for wax-stained wretches) as soon as I see them if they link to me.  It’s a nice collection over there on the left; the only categories you won’t find there are [...

Blawging Seattle

Posted on August 06, 2010
Originally posted 2007-02-11 17:59:33. Republished by Blog Post Promoter Michael Atkins does a roundup of law blogging in the rainy city. Blawging Seattle ©, .

Sealed with a fist

Posted on August 04, 2010
I kvetch a lot about the mania for dubious “IP enforcement” by government agencies such as New York’s Metropolitan Transit Authority, which really should both know better and which have superior options for utilization of public resources...

Ads for pirates

Posted on August 04, 2010
Originally posted 2008-11-05 17:14:38. Republished by Blog Post PromoterImagine a world where producers and owners of TV shows, movies and the not only upload full-length copyrighted video content onto the Web in the full knowledge that it will be ripped off, but welcome the prospect? Why not, if they can sell advertising on the programming? [...

IP issues for photographers

Posted on August 04, 2010
Originally posted 2006-03-06 12:12:15. Republished by Blog Post PromoterBill Heinze has a great item linking to an article on the World Intellectual Property Organization website called “Legal Pitfalls in Taking or Using Photographs of Copyright Material, Trademarks and People...

NEXUS, a Journal of Opinion

Posted on August 04, 2010
Originally posted 2006-07-12 17:12:10. Republished by Blog Post Promoter It’s a blog … well, a magazine, a website, a journal, I don’t know. It’s published by the freshly-minted (but fast-rising!) Chapman University School of Law in Orange, California...

Going Wayback… and it’s out of here!

Posted on August 04, 2010
Originally posted 2007-09-05 13:13:55. Republished by Blog Post PromoterThe TTABlog writes about a recent TTAB decision rejecting “Wayback Machine” data as evidence: The Board observed that the “Wayback Machine” suffers from a serious evidentiary flaw: even Petitioner noted that the “Wayback Machine” shows “each date on which a website has undergone a significant change...

More, more, Moore!

Posted on August 02, 2010
One of my favorite ever topics here on LOC has been the litigation brought by the University of Alabama against painter Daniel Moore for unauthorized artistic depiction of trademarks.  As I reported last November, after first writing about this emerging issue four years earlier: U...

Blackberry, BlackJack step back

Posted on August 02, 2010
Originally posted 2007-02-09 12:12:41. Republished by Blog Post Promoter Says here: RIM Settles Trademark Case Over BlackJack. Have I mentioned how much I love my BlackBerry Pearl? Blackberry, BlackJack step back ©, .

January 28th – DC Seminar on Intellectual Property and Sovereign Immunity

Posted on August 02, 2010
Originally posted 2005-01-13 22:44:00. Republished by Blog Post PromoterIf you’re going to be in or around DC on January 28th, the Federalist Society is hosting this seminar that will examine the Supreme Court’s June 1999 rulings in a trio of cases which, taken together, articulate perhaps the broadest statement of the sovereign immunity of States [...

Transamerica v. Moniker Online: When domain registrars go bad

Posted on July 29, 2010
Domain name registrars have not typically been held contributorily liable for trademark infringement committed by their registrants. See Lockheed Martin; Size, Inc.; Academy of Motion Picture Arts and Sciences v. Network Solutions.  The courts have found that domain name registrars lack the requisite degree of monitoring and control over the activity of their registrants to [...

And worth every penny!

Posted on July 29, 2010
Originally posted 2008-08-11 23:59:35. Republished by Blog Post PromoterFree (and apolitical) IP advice for bloggers over at Right Wing News. And worth every penny! ©, .

Edifice of absurdity

Posted on July 29, 2010
Originally posted 2007-11-09 12:27:39. Republished by Blog Post PromoterVia Boing Boing – ArchitectureChicago reports that the Marina City Towers condominium association is claiming “common law copyright” on the landmark Chicago buildings’ “name or image...

Patents explained

Posted on July 27, 2010
No, not by me, for heaven’s sake!  I took the patent law course, yes, but I wouldn’t presume to teach it. They’re explained by Arizona IP lawyer Tom Galvani.  (Yes, I have a special thing for Phoenix.)  He’s been posting a series of items slowly walking through different concepts in patent law...

Chilled Apple

Posted on July 27, 2010
Originally posted 2007-12-31 23:54:35. Republished by Blog Post PromoterVia Vodkapundit – from the People’s Ministry of Litigation, Information and Sublimation: Apple and Think Secret have settled their lawsuit, reaching an agreement that results in a positive solution for both sides...

Nothing gained?

Posted on July 27, 2010
Originally posted 2009-02-25 10:33:15. Republished by Blog Post PromoterUPDATE:  I have further thoughts about what is almost certainly the real motivating factor behind Jones Day’s actions here, and I have moved them to my other blog, because they are not necessarily on topic...

Oh, won’t you stay?

Posted on July 27, 2010
Originally posted 2009-11-09 18:10:37. Republished by Blog Post PromoterSay you will? The judge politely declined, actually — per our suggestion.  Read all about the happy outcome, and other yeoman work from the self-promotion-with-dignity crowd, at JD Scoop...

Not a good e-discovery strategy

Posted on July 27, 2010
Originally posted 2007-02-08 16:29:54. Republished by Blog Post PromoterLavi Soloway writes (hat tip to Above the Law) regarding the extremely un-white-shoe discrimination litigation in New York County between former Sullivan & Cromwell associate Aaron Charney and the law firm, including this astonishing bit: Last Wednesday January 31 there was a secret settlement meeting at which [...

Bratz, foiled again! (Bumped and updated)

Posted on July 23, 2010
First, December’s 15, 2009′s story: Remember the Bratz dolls case, and the phenomenal legal fees application that followed? It’s back!   The Ninth Circuit Court of Appeals stayed the trial judge’s order basically liquidating the Bratz...

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