Monday, June 07, 2004

What's Your Favorite Pasta? The U.S. Court of Appeals for the Eigth Circuit issued this opinion holding the phrase "America's Favorite Pasta" to be mere commercial puffery. Via How Appealing.
Around the World in 80 Clicks. Wired attempts to map the international IP landscape in "The Free & The Unfree."

Sunday, June 06, 2004

Sounds Like a Case of Acquiescence to Me. Surely they no longer have protectable rights... The AP reports on Texas's efforts to recapture "Don't Mess with Texas" in "Don't Mess With Our Slogan, Texas Warns."
Talk About a Permanet Record. The AP discusses the permanence of text messaging in "Text Messages May Turn Up in Bryant Case."

Saturday, June 05, 2004

Microsoft Patent Raises Hackles. Wired reports in "When Two Clicks Equal One Patent." What I find interesting about this is that the patent application, filed in July 2002, contained information from a prior application, filed in 1999. I assume the examiner would have considered whether there was an on-sale bar?
Would Anyone Actually Buy This? The Register reports on the latest DRM idea to be floated by the RIAA in "RIAA wants your fingerprints."

Thursday, June 03, 2004

Wednesday, June 02, 2004

So You Want to Be a Star? Well, here's your chance. David E. Kelley has a new reality TV show in the works, as Reuters reports in "Real Lawyers to Compete in TV Series."

Sunday, May 30, 2004

A Reason to Expand the Scope of the EFF's Patent Busting Project? Reuters reports that "Clear Channel Rivals Cry Foul Over Live Concert CDs."
A Sad Day For HLS. Reuters reports that "Watergate Prosecutor Archibald Cox Dies." The AP has this report.

Friday, May 28, 2004

That's One Way to Get Techies to Vote. Wired reports that Eurpoean computer programmers are "mobilizing for next month's European Parliament election in an effort to block plans by European governments to grant software patents more frequently." More in "Europe Braces for Patent Rules."
Make Me a Match... The AP reports that "EHarmony.com Patents Matchmaking Formula."

Thursday, May 27, 2004

And What Are Your Kids Doing on the Internet? Silicon Valley.com reports that a a 41-year old sugar mill worker and single mother in Bird Island, Minnesota, is one of the targets of the RIAA's most recent spate of lawsuits in "Single mom overwhelmed by recording industry suit."
Maybe this will Mean Less Clutter in My InBox. From the article: "A man who sent 850 million junk e-mails through accounts he opened with stolen identities was sentenced to up to seven years in prison on Thursday." "Spammer sentenced to 7 years in prison."

Wednesday, May 26, 2004

What A Surprise. C-Net reports that "Porn spammers ignore new rule." Anyone who has ever tried to track down porn purveyors for trademark infringement could have predicted this outcome.
Your Tax Dollars at Work. C-Net reports that "'Pirate Act' raises civil rights concerns."
The Pool Opens Now. Guess how long until CBS sends a cease and desist letter to Republican Survivor.
Third Circuit Rules on Grounds for a Preliminary Injunction in Pharmaceutical Trademark Case. Law.com reports that the Third Circuit "rejected the novel argument that an injunction was needed to prevent the 'serious health risk' of a patient's receiving the wrong prescription," while nevertheless ordering the district court to grant an injunction to vindicate the "right of the public not to be deceived or confused," in "3rd Circuit Blocks Similar Names for Cholesterol Drugs."

Wednesday, May 19, 2004

It Will Be Interesting to See the PTO's Obviousness Determination. C-Net reports that "Apple seeks patent for see-through windows."
VeriSign Antitrust Claims Rejected. C-Net reports that "ICANN wins round in Internet suit."
Is Google Setting Itself Up to be the Next Netscape? The New York Times reports that "Google Moves Toward Clash With Microsoft."
Holding Them to Their Proof. Wired reports that "Sharman Presses for Evidence" in Australian Kazaa copyright infringement suit. ZDNet Australia has more information on Sharman's defence strategy here.
Pop-up Ads Back in Court. The AP reports that "L.L. Bean sues pop-up advertisers." For a good summary of the results of previous pop-up advertising cases, go here. Looks like the trend is in favor of finding trademark infringement.

Tuesday, May 18, 2004

Took Them Long Enough. The New York Times finally gets around to reporting that "Schwarzenegger Files Suit Against Bobblehead Maker." Of course, I told you this weeks ago.
Alphabet Soup. Last month it was the definitive guide to the SCO litigation. This week, IP Meme takes on Narrowing The DMCA with this caveat.
Happy Anniversary, Marty. The Trademark Blog marks its third year.
I'd Be Interested to See the Outcome of His Claims Against MTV... The AP reports that "Eminem Suit Against Apple, MTV to Proceed."
Never Give Up, Never Surrender. Reuters reports that "Calif. Judge Won't Step Down in Pooh Case Ruling."
Minor League Dust-up. Reuters reports that "ESPN Sued Over Minor League Baseball Scores."
Time to Polish Up Those Resumes. Law.com reports on the last great start-up hiring boom in "Knockin' on Google's Door."

Saturday, May 15, 2004

See What the Academics Are Saying. The Legal Theory Blog points towards Carrier on Curbing Intellectual Property.
Terry Fisher Steps Into the Fray. Good to see the Berkman-ites are still at it. Wired reports on Fisher's proposal in "New Spin on the Music Business."
Stop By If You're Going to be in the Area... BoingBoing reports on "Copyright reform conference in Vienna this June."
Some Light Reading BoingBoing has a write-up about U. Va. law professor Timothy Wu's most recent paper, "Copyright's Communications Policy."
Is it Over Yet? Reuters reports that "Disney Foes in Pooh Case Want New Calif. Trial." The AP has further reporting here.

Thursday, May 13, 2004

Lessig Before Congress. The AP reports that "Groups Seek Legal Copying of DVDs." C-Net has a report here.

Wednesday, May 12, 2004

Interesting Decision on Preliminary Injunctions in Copyright Infringement Cases. Law.com reports on the decision in "2nd Circuit Took a Look, Cleared the Way for Poet's Book."

Monday, May 10, 2004

I Wonder if MTV Could Show This in the U.S.? BoingBoing reports on "MTV's new mashup bootleg TV show 'MTV Mash'."
Glancing at the Headline Must Have Given Steve Jobs a Heart Attack. C-Net reports that "Apple patented by Microsoft."
This Has to be a First... Naming a PC chip after a city in Alabama. (Fun fact: My mom graduated from Dothan High School.) C-Net reports that "Intel launches Dothan, new naming scheme."
I Predict that There's a Legal Defense Fund in His Future... The AP reports on a "Copyright Arrest in Japan."
If You're Going to Risk Jail, at Least Do it for a Better Movie than The Alamo... The Hollywood Reporter reports that "California movie pirate sent to jail."

Sunday, May 09, 2004

Nothing to See Here... Just checking to see if the new "Comments" feature works. (c:

Friday, May 07, 2004

Thursday, May 06, 2004

Saturday, May 01, 2004

They Sell These in the Hallmark Down the Street... E!Online reports on "Arnold the Anti-Bobblehead."

Thursday, April 29, 2004

Worth Checking Out. BoingBoing points out an interesting paper in "Copyright, Technology, and The New Surveillance."
One to Watch. The AP reports that "ACLU battles FBI over ISP customer data."
Musical Trademark Spat. The AP is reporting that "Singers Claim Nelly Copied 'Vokal' Label."
There Are Just So Many Things Wrong with the Whole Scenario... Not the least of which is that I hope he can't truly get a patent on the idea... Reuters reports that "Uri Geller Aims to Stop ABC Baby-Adoption TV Show." You can read more about the controversy generated by the promo here. BoingBoing has some interesting information on the status of Geller's patent application here.

Friday, April 23, 2004

Wednesday, April 21, 2004

Wonder if Four Non-Blondes Will Sue? Since it's VH1, the goods/services are arguably related... "VH1 Prefers 'Non-Blondes'."
Chip Makers in Court. Reuters reports that "Intel, Top Rival Set for Supreme Court Showdown."

Monday, April 19, 2004

Can Linux Users Heave a Sigh of Relief? eWeek.com reports on "The End of SCO?"
EFF: Caped IP Crusader. Wired reports that "EFF to Fight Dubious Patents."
Mattel Finally Wins One. How Appealing has this report about a recent Second Circuit decision in a copyright infringement case brought by Mattel against Radio City Entertainment.
More Lessig Reviews. SFGate.com has an op-ed entitled "Confessions of a copyright warrior / The Bono factor: Is a dead musician's legacy interfering with free speech?" Love the Google-served ads along the side...
Insurance for Linux Users. Reuters reports that "Start-Up Says Linux Copyright Abuse-Free."
Boston to House Mega-firms? It always struck me as odd how few of the major Boston firms had a strong presence outside of the Hub. This appears to be changing. Law.com reports that "Wilmer Cutler, Hale and Dorr Said to Be in Merger Talks."

Sunday, April 18, 2004

Tuesday, April 13, 2004

Sucks to be Screech. BoingBoing reports on a recent UDRP decision in "Dustindiamondsucks.com."
IMers in New Hampshire Take Note. Security Focus has information on a recent New Hampshire ruling in "Chat, Copy, Paste, Prison."
Surely Her Contract Covered This. CNN reports in "Trademark challenger: Fired up over 'The Apprentice'."

Monday, April 12, 2004

Friday, April 09, 2004

How Did I Miss This? The Atlanta Journal-Constitution reports that a judge has ruled that an aggregator of information on boat sales did not infringe the copyrights of a site they scraped for information in "Judge: Copyright Doesn't Cover All Sites." Of course, as the end of the article notes, they would still probably have a problem if their actions violated the sites' TOS. Via techdirt.
Careful How You Investigate Copyright Infringements. Law.com reports that "Microsoft, Business Partner Concocted 'Scheme' to Protect Copyrights."

Thursday, April 08, 2004

It's Time to Pass the ABA Multijurisdictional Practice Commission's Recommendations Already. Law.com reports that "Ga. Lawyers Indicted for Advising N.C. College."
Another Book to Check Out. Salon excerpts The Anarchist in the Library here.
Salon Reviews Lessig. "The mouse who would be king."

Wednesday, April 07, 2004

Tuesday, April 06, 2004

Chalk One Up for Microsoft BoingBoing reports that "Lindows to change name, bows to Microsoft pressure."
After the Statue Cover-up, I Guess it was Only a Matter of Time... The Baltimore Sun reports that "Administration wages war on pornography."
Reading the Economic Tea Leaves The New York Times reports on "Patents as Economic Indicator." Is it too much to ask for the New York Times to figure out the difference between patents and trademarks?

Monday, April 05, 2004

Questioning the RIAA's Assertions The New York Times reports in "A Heretical View of File Sharing."
Interesting Explanation of Reverse Confusion The Trademark Blog has this report on a recent Seventh Circuit decision by Judge Posner considering the question of reverse confusion.
A Lot of Hot Air? Law.com reports that "Lawyers Fired Up Over 'You're Fired'."

Friday, April 02, 2004