Intellectual Property Law

New Congress still owned by Hollywood

Posted on May 10, 2010
Originally posted 2007-01-14 19:43:03. Republished by Old Post PromoterThe only reason the new Senate bill clamping down on home recording isn’t completely awful is that it’s probably technologically irrelevant. But it’s still pretty awful...

Fashion ex nihilo?

Posted on May 09, 2010
So much for Special Creation in blog graphics, I guess.  It seems that the theologically inclined among us trademark law types think alike… but in any event, it’s good news for the sartorially-oriented as well.  Not as if those axes–threads and God–don’t cross in more than one place, depending on whose graph it is...

The Lonely Maytag Trademark

Posted on May 09, 2010
Originally posted 2005-02-15 10:25:00. Republished by Old Post PromoterThe Associate Press reports: DES MOINES, Iowa Maytag may have to change the name of a new kitchen appliances. That’s after a small business owner in New Hampshire won a trademark infringement case against the Iowa appliance maker...

No more Wikipedia…

Posted on May 09, 2010
Originally posted 2006-08-28 18:59:16. Republished by Old Post Promoter… for Patent Examiners.  Trademark practitioners are, however, still stuck with it and its unpredictable effects. No more Wikipedia… ©, .

To access this complete feed in the blog feed reader login or register for free.

No jokey!

Posted on May 09, 2010
Originally posted 2007-07-08 15:20:18. Republished by Old Post PromoterDid you ever contemplate the grand institution of karaoke and ask, hey, how do they do that? Copyright-wise, that is? Don’t wonder any more. No jokey! ©, .

Where nobody knows your name

Posted on May 07, 2010
I subbed for a more important lawyer on a panel for the American Intellectual Property Association Spring Meeting in New York today.  This is an outfit I joined years ago until I realized that they’re pretty much all patent lawyers.  Nothing personal, of course, but if I’m going to join another big IP law organization [...

An opinion to Di for

Posted on May 05, 2010
I do a lot of bellyaching around here about how there are never any consequences for filing frivolous trademark and copyright lawsuits. What’s the worst thing that can happen to a well-heeled plaintiff that wants to use the expense of defending, even meritoriously, against a “federal case” as a way to effectuate a “business [...

Talking a leak

Posted on May 05, 2010
Originally posted 2006-01-12 19:24:54. Republished by Old Post PromoterWant to know the difference between a leaker and whistle-blower? Johnny Dollar posits the distinction. Talking a leak ©, .

Drive-by infringement

Posted on May 04, 2010
Steve Baird says initial interest confusion is “the real thing” and in the process  seeks to “add life” to Professor McCarthy’s famous “evil highway road sign” analogy: Whatever the criticisms might be to the doctrine of Initial Interest Confusion, including those detailed by our friends Ron Coleman, Marty Schwimmer, and Eric Goldman, in the context of keyword advertising, the road-side restaurant sign shown [at left] definitely is [...

Google Takes Offense, Takes Offensive (for a change)

Posted on May 04, 2010
Originally posted 2005-04-18 17:43:00. Republished by Old Post PromoterAccording to Search Engine Journal, perennial trademark infringement defendant Google has filed suit against Froogles.com, an online shopping site. The New York federal complaint is here...

Gin a body meet a body

Posted on May 02, 2010
Body #1 being the “Mother Court,” as it describes itself–the United States District Court for the Southern District of New York.   Body #2 being the United States Circuit Court #2, the Second Circuit to be precise.  Their “meeting,” as Matthew David Brozik notes, makes his guest post of the day before profoundly prescient...

“All IP, all the time”

Posted on May 02, 2010
Originally posted 2006-09-05 14:35:28. Republished by Old Post Promoter… may or may not make G. Matthew Lombard a dull boy, but his blog looks pretty good. “All IP, all the time” ©, .

Settlement reached in Blackberry case

Posted on May 02, 2010
Originally posted 2006-03-04 21:39:30. Republished by Old Post PromoterIn case you get all your news here — well, more specifically, since we have dealt with this issue — the news today is that a Update settlement has been reached in the BlackBerry case...

Deep-linking deep-sixed

Posted on May 02, 2010
Originally posted 2006-12-22 12:52:58. Republished by Old Post PromoterCNET News.com reports: U.S. District Judge Sam Lindsay in the northern district of Texas granted a preliminary injunction against Robert Davis, who operated Supercrosslive.com and had been providing direct links to the live audiocasts of motorcycle racing events...

But, of course

Posted on May 02, 2010
Originally posted 2007-09-10 15:09:53. Republished by Old Post PromoterShoes are dropping all over Europe: L’Oreal, the world’s largest cosmetics group, has launched legal action against eBay, alleging the online auctioneer does not do enough to combat the sale of counterfeits, the company said on Monday...

The slide to genericide

Posted on May 02, 2010
Originally posted 2006-07-24 23:38:26. Republished by Old Post PromoterEvan 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...

Taking the catcher out of the rye

Posted on April 29, 2010
On July first of last year, the Honorable Deborah A. Batts, United States District Judge for the Southern District of New York (hotbed of intellectual property law jurisprudence), granted a preliminary injunction to author J.D. Salinger (and his literary trust) precluding another writer (and his putative publishers and distributors) from publishing and distributing a book [...

1600 tweets, and whaddya get?

Posted on April 27, 2010
Here’s what I’ve got the last couple of weeks, in terms of tweety things.  This is as good a way to focus on and round up topical developments as any, I say–short of Blawg Review, which, by the way, is hosted by the IP Kat this week and is a must-read...

RIAA lawsuit decision matrix

Posted on April 27, 2010
Originally posted 2007-03-29 14:58:42. Republished by Old Post PromoterBBspot finds the Rosetta Stone of the RIAA’s litigation strategy.  This “explains” a lot.  Hat tip to Boing Boing. RIAA lawsuit decision matrix ©, .

Not quite Christie’s, not quite Sotheby’s

Posted on April 27, 2010
Originally posted 2007-12-12 13:15:54. Republished by Old Post Promoter “Christi Sothers” Originally uploaded by Ron Coleman But so very close to both! A branding mashup one block east of the Hyatt on East 42nd Street. Not quite Christie’s, not quite Sotheby’s ©, .

The Chosen

Posted on April 27, 2010
Originally posted 2006-02-15 13:57:15. Republished by Old Post Promoter Why outsource? Some Israelis are running their own Anti-Semitic Cartoon Contest! “We’ll show the world we can do the best, sharpest, most offensive Jew hating cartoons ever published! No Iranian will beat us on our home turf!” Via Dean...

Theologically misdescriptive

Posted on April 23, 2010
Talk about “scandalous and offensive” marks!: [P]hrases containing some form of “God” have been trademarked [sic] more than 3,400 times in the United States: “God answers knee-mail” and “All God’s Children Got Issues” and, of course, “T...

See Dick Win. Pay, Defendant, Pay.

Posted on April 23, 2010
Originally posted 2005-01-25 13:07:00. Republished by Old Post PromoterBy now you must have heard about the dustup involving Yiddish with Dick and Jane. The irony for me is that not long after I was learning to read English with the original Dick and Jane at P...

“Fully cooked,” like so much Boston scrod–here comes Meet the Bloggers VI!

Posted on April 21, 2010
Cribbed entirely from The TTABlog® of Beantown home-boy John “Fully cooked, yes, but still Keeping Tabs on the TTAB®” Welch: Meet the Bloggers VI, the best non-INTA event during INTA, will happen on Monday night, May 24th, beginning at 8pm at Lucky’s Lounge, 355 Congress Street, Boston...

Best of the Worst

Posted on April 21, 2010
Originally posted 2005-05-06 08:34:00. Republished by Old Post PromoterA sideways thank-you to the boys at Blogads for naming an old, fuzzy ad of ours, which actually linked to the law firm website and not the blog (there was no blog then), one of the best miscellaneous ads on Blogads for purposes of demonstrating how [...

Dean’s World – Judgment Day

Posted on April 21, 2010
Originally posted 2007-03-02 02:45:24. Republished by Old Post PromoterI have withdrawn as a contributor from Dean’s World, which has been a tremendous experience and great for promoting LIKELIHOOD OF CONFUSION. The tumult over Dean’s new policy regarding acceptable discourse on the issue of Islam is getting a bit of attention around the ’sphere, [...

Olympian irony

Posted on April 21, 2010
Originally posted 2007-12-03 14:23:31. Republished by Old Post PromoterChina, faced with loss of revenues from the sale of “unauthorized” Olympics merchandise in connection with its “Berlin for the 21st Century” games, has suddenly developed a taste for IP enforcement: Beijing is battling to stamp out illegal sales of 2008 Olympic merchandise on dozens of unauthorized [...

Gratuitous link to trademark case based on mark that sounds like a bad word

Posted on April 21, 2010
Originally posted 2007-10-03 15:52:38. Republished by Old Post PromoterWhat gets written on the Las Vegas Trademark Attorney blog just can’t resist not staying on the Las Vegas Trademark — well, you get it. Here, I had to link to it. Because someone is going to ask people who read this blog if they’ve heard [...

Foul baller

Posted on April 21, 2010
Originally posted 2007-03-27 00:42:26. Republished by Old Post PromoterA former major leaguer goes from giving up runs to running from the law. From pitch counts to multiple counts. From pitching and hitting to counterfeiting. From – You get the pitcher...

Show me the money

Posted on April 20, 2010
Copyright is happening all over the place! Now, a slight digression from the stemwinder I’m about to release here on fee shifting in copyright cases.  I’m going to “hook it up,” Your Honor, don’t worry.  See, Ray Dowd reports that the Supreme Court is going to hear the Costco-Swatch copyright case, which involves the question of the [...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.