Monday, August 28, 2006

Interesting New Patent Fight. The AP reports that "Patent fight rattles academic computing." From the article: "Critics say the patent claims nothing less than Blackboard's ownership of the very idea of e-learning. If allowed to stand, they say, it could quash the cooperation between academia and the private sector that has characterized e-learning for years and explains why virtual classrooms are so much better than they used to be."
That Would be Evidence that You Don't Want to Have at Trial... reports that "Bar Prep Co. Ordered to Pay $11.9M for Copying Multistate Exam Questions." From the article: "In one ad, a student is quoted as saying that 'dozens of nearly identical questions appeared on the actual exam,' and another says he 'breezed through the exam because I recognized so many of the questions from PMBR.'"

Thursday, August 24, 2006

So is it Normal for a Judge Accused of Bias to be on the Panel that Decides the Accusation? reports that "9th Circuit Rejects Claim That Judge Had Conflict in Trademark Cases." From the article: "A company called M2 Software Inc. had sought to vacate the rulings, but the 9th Circuit issued an order Tuesday denying the petitions, and Pregerson, who again sat on the panel, attached a concurrence noting that his financial interest in both suits is 'remote in nature' and that his impartiality should not be questioned."

Wednesday, August 23, 2006

That's an Interesting Settlement Term. CNet reports that "Apple settles with Creative for $100 million." From the article: "Apple can get back some of the $100 million payment if Creative is able to secure licensing deals with other MP3 player manufacturers, said Steve Dowling, an Apple spokesman. He declined to specify exactly how much Apple could recoup or how many deals it would take to trigger the payments."

Sunday, August 20, 2006

So Are We Going to See Internet Companies Opting Out of Operating in France? Reuters reports that "French firms target eBay in anti-counterfeit drive." From the article:
In addition, it is asking the French government to revise its laws on electronic commerce to make online auctioneers 'co-responsible' for the goods that are sold on their sites, Jamet said.

Unifab believes its case has been strengthened by a Paris court's decision in June to fine online search engine Google 300,000 euros ($385,000) over advertisements for counterfeit goods generated by its sites. Google had based its defense partly on the existing French e-commerce law.

Friday, August 18, 2006

No! Don't Take My DVR! Reuters reports that "EchoStar must disable DVRs, judge rules." From the article: "Thursday's ruling from U.S. District Judge David Folsom in Marshall, Texas, demands that within 30 days EchoStar must basically render useless all but 192,708 of the DVR units it has deployed." Should we start a pool as to when the settlement is announced?

Tuesday, August 15, 2006

So Would the Eagles Have a Trademark Claim... against the Eagles of Death Metal?

Thursday, August 10, 2006

Today's Funny.
Did Their Lawyers Clear This? Counterfeit Chic reports in "Oxes Gored?" From the post: "A Baltimore punk band, Oxes, claims the kitschy clothing chain owned by Gap Inc. ripped off one of its concert fliers to use on a T-shirt sold in Old Navy stores." Hat tip Marty.
Sounds Like a Multiple-Choice Exam Question. The WSJ reports in "Law Blog Rocker of the Day: Fall Out Boy's Pete Wentz." From the article: "Wentz's father advised his son against using the song title, for fear that the group would be sued. Did the younger Wentz listen? 'No, because he was my dad. He advised me against a lot of things that I do,' he said with a playful hint of mischief in his voice. According to Wentz the Younger, the band's lawyers also told them they'd be slapped with a hefty lawsuit, and offered up a few options - they could sign a waiver; include a reference to Ruffin in the song (which somehow would shield against a lawsuit); or change the name of the song. Fall Out Boy went with the third option. Says Wentz: 'We just decided it was a good idea not to get sued.'" Hat tip Marty.

Wednesday, August 02, 2006

So How Much Did Foley & Lardner Waste on its Rebranding?. reports that "Law Firms' Trademark Dispute Over 'Foley' Name Is Put on Hold." From the article: "Foley & Lardner, which has its largest office in Milwaukee, is mulling changes, according to the firm's general counsel, Jim Clark."