Friday, February 28, 2003
Injunction Issued in DMCA Case Wired is reporting that the judge in the Lexmark case has entered a preliminary injunction prohibiting Static Control from continuing to sell replacement printer cartridges that contain computer chips engineered to work with Lexmark printers.
Posted by Kimberley Isbell at 11:18 PM
Thursday, February 27, 2003
Who Knew There Were Such Barbed Wire Connoisseurs? The Trademark Blog has a write-up about a recent Central District of Illinois case in which the District Court found that a plaintiff had a "better than negligible chance" of establishing that use of any color on the top of barbed wire is likely to cause confusion with plaintiff's mark, for red top wire fencing. I would love to see the analysis on this one. Why can't we ever get a judge like this?
Posted by Kimberley Isbell at 1:45 PM
Violate the DMCA, Forfeit Your Domain Name CNet is reporting that the U.S. DOJ has taken over the domain name of a website owned by an individual who recently plead guilty to violation of the DMCA. Likewise, the DEA has begun redirecting the URLs of various websites accused of selling drug paraphernalia. So I guess it probably wouldn't be a good idea to start an on-line gallery of images of collectible bongs. Follow-up: Wired has an article about the same incident, noting that the DOJ's efforts to take over the website weren't entirely successful.
Posted by Kimberley Isbell at 11:45 AM
Sunday, February 23, 2003
Saturday, February 22, 2003
Friday, February 21, 2003
UDRP Proceedings Not Entitled to Traditional Arbitration Deference Law.com has a report on a recent Third Circuit decision holding that, because UDRP decisions do not fall under the Federal Arbitration Act, domain name decisions are not entitled to "extremely deferential" review.
Posted by Kimberley Isbell at 8:29 PM
Thursday, February 20, 2003
Tuesday, February 18, 2003
Life After Eldred Peter Yu gives his view on the Four Remaining Questions About Copyright Law After Eldred on Gigalaw.com. Mr. Yu predicts, as have Jack Balkin and others, further tests of the constitutionality of the DMCA.
Posted by Kimberley Isbell at 3:02 PM
Wednesday, February 12, 2003
Third Circuit Finds Way Around Retroactivity Problem in Cybersquatting Law Law.com is reporting on a recent decision by the Third Circuit holding that reregistration of a domain name brings it within the purview of the Anticybersquatting Consumer Protection Act.
Posted by Kimberley Isbell at 11:10 AM
Friday, February 07, 2003
Monday, February 03, 2003
USOC Goes After the Rats It seems that the folks over at the U.S. Olympic Committee are taking themselves a bit too seriously. The USOC has threatened to sue Nebraska Wesleyan University if they don't change the name of a 28-year old annual event, called the "Rat Olympics," in which the Behavioral Learning Principles class attempts to teach rats to perform in various competitive events. Latches, anyone?
Posted by Kimberley Isbell at 9:59 PM
More Hip Hop Sampling Woes Reuters is reporting that a federal judge in Los Angeles has granted Indian composer Bappi Lahiri a preliminary injunction prohibiting further sale of the song "Addictive" by Truth Hurts. Lahiri claims that Truth Hurts' song sampled heavily from his song "Thoda Resham Lagta Hai," without proper attribution. Lahiri termed the copying an act of "cultural imperialism."
Posted by Kimberley Isbell at 9:26 PM