Intellectual Property Law

Another webinar and some other odds and ends

By Anthony Verna, Esq.

I was awakened last night by thunder that made a car alarm sound (obviously, it was a car alarm that needed to be moved).

We have another webinar coming up, next Monday, May 10.

Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/874334848

I am hosting it with Christine Gallager, a social media trainer and coach.

Brought to you by Anthony Verna of the Law Offices of Anthony Verna and Christine Gallagher, Online Marketing & Social Media Trainer & Coach for Small Business Owners, it's "Social Media: Practical and Legal Issues for Business."

Learn how to choose a good name (especially for use in social media), how trademark law affects that choice, how to create content, and how to control that content.

Title: Social Media: Practical and Legal Issues for Business

Date: Monday, May 10, 2010

Time: 7:00 PM - 8:30 PM EDT

Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/874334848

After registering you will receive a confirmation email containing information about joining the Webinar. All registrations will also enter you on the mailing lists of Anthony Verna and Christine Gallagher.

System Requirements
PC-based attendees
Required: Windows® 7, Vista, XP, 2003 Server or 2000

Macintosh®-based attendees
Required: Mac OS® X 10.4.11 (Tiger®) or newer

Space is limited.
Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/874334848

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One series of user-made videos on YouTube is beginning to be removed. It is a scene from the German-Austrian film "Downfall" in which Hitler has a tantrum.

Of course, I like the clip where the subtitles in the film mock the new "Star Trek" movie and its reception. I am sure that will be removed sometime soon.

The issue is one of practicality vs. legality. Yes, parody is protected as free speech and then fair use under copyright law. (Those of us who remember the 2 Live Crew "Pretty Woman" case know that.) However, if I host a website that is mostly user-generated content, do I want to fight over each video in court or do I want to take advantage of the safe-harbor provision of the Digital Millennium Copyright Act and just remove them?

That's right. It's just easier to remove the videos.

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A reminder for those of you who have trademark registrations: You have a duty to enforce them. So you need to do searches for your mark. You need to file extensions of time against those similar marks that go to publication. You need to file opposition proceedings against those similar marks. Your duty to enforce your marks means that your marks could be canceled for not enforcing them.

Call me at 917-348-0108 or send an e-mail to law@nyctrademarks.com to discuss trademark enforcement.

The Trademark, Copyright, and Entertainment Law Forum is written by Anthony Verna. Please note that it is for the discussion of recent developments in these areas of law. The forum is not a space for legal advice. Please seek the help and counsel of an attorney for your legal needs. Visit the Law Firm of Anthony Verna - www.nyctrademarks.com.

Full post as published by Trademark, Copyright and Entertainment Law Forum on May 03, 2010 (boomark / email).