Thursday, March 03, 2005
Microsoft Scores Partial Victory. Law.com reports that "Federal Circuit Grants Microsoft New Patent Trial." From the article: "The Federal Circuit said the district court should have allowed Microsoft to present evidence that Perry Pei-Yuan Wei, of O'Reilly and Associates, had invented a version of the Web browser in 1993, a year before UC filed a patent application on the technology, and that Wei had demonstrated the invention to engineers at Sun Microsystems. Microsoft contends that this prior art would invalidate UC's patent. Finally, the Federal Circuit agreed with the lower court that software code on a golden master disk is a component of a computer program invention."
Wednesday, March 02, 2005
Filings in Grokster. Reuters reports that "Anti-Piracy Case Could Harm Innovation - Groups." From the article: "Efforts to stamp out online copying of music and movies could give Hollywood a veto over new technology and stifle innovation, file-trading software companies and their supporters told the Supreme Court on Tuesday."
Sunday, February 27, 2005
Now This is Surely a Sign of the Apocalypse. The AP reports that "File-Sharing Case Unites Unlikely Allies." From the article: "File-swapping services make pornography easily accessible to minors, the social conservatives submit. The entertainment companies, meanwhile, blame sharing for declining sales and lost revenue."
Friday, February 25, 2005
Time for Truth in Faxing? Law.com reports that "Ex-Ga. Governor Tackles 'Fax Case From Hell'." From the article: "Between April and November, Gillette's company, Soundzabound Music Library, has been beset with five waves of phone calls from outraged recipients of junk faxes that display her number."
Thursday, February 24, 2005
Copyright Lawyers' Employment Program. Reuters reports that "Hollywood Studios File New Round of Web Lawsuits." From the article: "MPAA officials declined to say how many suits it had filed or whether the illegal copies were made by video camera taping in theaters or by copying videos or DVDs that are given away by the studios this time of year to win Oscar votes."
Wednesday, February 16, 2005
Have to Give Them Credit for Creative Drafting. Law.com reports that "9th Circuit: $10K 'Bet' Can't Settle E-Retailer Fight." From the article: "Both sides had asked the court to keep the issue [whether federal courts have jurisdiction over out-of-state Internet retailers] alive and included a provision in their confidential settlement agreement that said Gator.com would pay L.L. Bean $10,000 more if the panel decided in favor of the well-known outdoor apparel retailer."
Tuesday, February 15, 2005
Sounds Like a Story from The Mind's I. The Washington Post reports that "U.S. Denies Patent for a Too-Human Hybrid." From the article: "Officials said it was not so difficult to make the call this time because Newman's technique could easily have created something that was much more person than not. But newer methods are allowing scientists to fine-tune those percentages, putting the patent office in an awkward position of being the federal arbiter of what is human."
My First Reaction... was "Is he really stupid enough to think it would actually work?" My second reaction was "I'm not sure I'd want to broadcast the fact that I thought I needed them." Reuters reports that "Surprised Customer Says Penis Pills Don't Work." From the article: "In the latest case, filed on Jan. 21 in New Jersey state court, plaintiff Michael Coluzzi claimed he paid $59.95 for a 30-day supply of Alzare pills but 'experienced no increase in penis size,' and then was unable to collect a promised refund from manufacturer Alzare LLC of Boca Raton, Florida."
An Untapped Market? Law.com reports that "IP Specialist Shows 'Steeley' Resolve in Fighting 'Porn Squatting'." From the article: "Holly Pranger wants the world to know that 'porn squatting' is not OK. So last week the San Francisco solo sent out a press release telling people why the practice -- which entails registering a Web site under a porn star's name without authorization -- should be avoided."
Monday, February 14, 2005
Talk About Expensive Lawsuits. Law.com reports that "GlaxoSmithKline Faces Second Antitrust Suit Over Alleged 'Sham' Patent." From the article: "Antitrust claims that have already cost GlaxoSmithKline $175 million to settle are potentially even more expensive now that a federal judge in Philadelphia has green-lighted a second suit that alleges nearly identical claims."
Friday, February 11, 2005
One to Watch. The AP reports that "Yahoo Sees Small Victory in Nazi Dispute." From the article: "The 9th U.S. Circuit Court of Appeals said it would rehear some arguments in a 5-year-old lawsuit against Yahoo by two French human rights groups, which are trying to ban the sale of Nazi-related items on any Internet site viewable in France."
Thursday, February 10, 2005
I missed this one. The Ireland Sunday Times reports that "Rowling fights US army over Harry Potter." From the article: "Lawyers acting for J K Rowling are heading for a legal battle with the US army over a training manual that features characters similar to those in the Harry Potter books and films." Via Marty.
I'd Be Surprised if This One Happens... Reuters reports that "U.S. Copyright Industries Seek WTO Case Against China." From the article: "In a formal filing to the U.S. Trade Representative's Office, the International Intellectual Property Alliance said the Bush administration should ask China for immediate consultations on the issue at the WTO. That would be a first step toward asking for a WTO panel to rule on whether China was meeting its commitments to stamp out piracy."
Like the Jackson Trial for the Patent Bar. Law.com reports on this week's Federal Circuit oral arguments in "Pivotal Patent Case Hits Federal Circuit." From the article: "In addition to the question of dictionary use, the judges focused on whether the description of a patent -- its so-called specification -- could limit the claims. They also touched on how much deference district judges should be given in their interpretation of patent claims."
Wednesday, February 09, 2005
So Is 'Rock and Roll Hall of Fame' Generic, or Merely Descriptive? I would presume that they have evidence of secondary meaning... Reuters is reporting that "Rock Hall unhappy with Jewish Web site." From the article: "The Cleveland-based museum has asked a federal judge to stop two journalists and a radio company executive from putting up a Web site called the Jewish Rock and Roll Hall of Fame, saying the site will infringe on the original's trademark name and that the public would confuse the two."
Monday, February 07, 2005
France the New IP Forum of Choice? The AP reports that "Google May Appeal Trademark Decision." From the article: "The latest Paris ruling against Google Inc. applies to all its sites, not just its French Google.fr page. Searches for 'Louis Vuitton' and 'Vuitton' conducted Monday on the main Google.com portal yielded none of the usual sponsored links to other companies."
Wednesday, February 02, 2005
Yet Another Way in Which Yale Beats Harvard. While I'm sure this is considered the height of disloyalty to my own law school, it's good to see that Yale had the balls to stand up to the federal government on this one. The AP reports that "Judge: Yale can block military recruiters." From the article: "A federal judge has ruled that Yale Law School can block military recruiters from campus without fear of losing federal funding."
Wednesday, January 26, 2005
So Now RIM has Congress and the Canadian Government on its Side. The AP reports that "Canada Steps in on Blackberry Patent Row." From the article: "In a brief filed by the Canadian Department of Justice on Jan. 13, Ottawa urged the U.S. Federal Court of Appeals in Washington, D.C., to grant a request by RIM to rehear the case before all 12 judges, saying it was concerned that the lower court decision could be 'applied in an inappropriately extraterritorial or discriminatory fashion.'"
Who Knew Trademark Filings Could Be So Interesting? Reuters reports on recent speculation in "Intel's Mystery Mark, VIIV, Sparks Intrigue." From the article: "Recent trademark filings from Intel Corp. are raising speculation that the world's largest chip maker may be preparing to create a new global brand. The question is, what does VIIV mean?"
Tuesday, January 25, 2005
That Must Have Been an Interesting Day in Chambers. Law.com reports that "5th Circuit Rules in Rappers' Battle Over Phrase 'Back That Ass Up'." From the article: "The appeals court disagreed with D.J. Jubilee's arguments and affirmed the jury's verdict. The jury, as instructed, likely believed that the hook in Juvenile's song was not the phrase 'back that ass up' but rather a sample from the Jackson 5's song, according to the opinion."
Friday, January 21, 2005
Welcome to the Real World. It's not every day that a motion has such a direct impact on your client's bottom line. Reuters reports that "SCO Wins Legal Round Against IBM Over Linux Code." From the article: "Shares in Lindon, Utah-based SCO were up 67 cents, or 19 percent, at $4.20 in early afternoon Nasdaq trade after a federal judge in Salt Lake City ordered International Business Machines Corp. to turn over programing code to SCO's lawyers."
Sunday, January 16, 2005
A Different Kind of 'Naked' Licensing. (Don't you love lawyer humor?) The AP reports that "Nev. Brothel's Name Disputed in Lawsuit." From the article: "Rival brothel owner David Burgess sued Gilman last year in U.S. District Court in Reno over use of the Mustang Ranch name. Burgess, who renamed his Old Bridge Ranch brothel just east of Reno the Mustang Ranch in 2003, claims he's the exclusive licensee of rights in the trademark."
Saturday, January 15, 2005
Are the Characters Well-Developed Enough to be Protected by Copyright? Or do you have a merger issue? The AP reports that "Dick and Jane Publisher Reportedly Sues." From the article: "Pearson Education, the publishing company that owns the copyright to the single-named stars of countless reading primers, is suing a division of Time Warner for co-opting the characters in a book called 'Yiddish With Dick and Jane,' according to The New York Times.... The parody book takes Dick and Jane into adulthood, where they're faced with problems like adultery, ailing parents and sexual orientation."
Friday, January 14, 2005
Another One Bites the Dust. And it's yet another one with which I interviewed in law school. Reuters reports that "Boston law firm Testa Hurwitz votes to dissolve."
Thursday, January 13, 2005
Add Patent Infringement to the List of P2P Sins? The Washington Post reports that "Patents Pressed Against File-Sharing Networks." From the article: "Attorneys for Altnet Inc. and its parent company, Sherman Oaks, Calif.-based Brilliant Digital Entertainment Inc., sent letters to several U.S.-based file-swapping firms -- including Lime Wire LLC, BearShare operator Free Peers Inc. and Mashboxx -- claiming that the companies were using patented technology in their products. The letter doesn't explicitly threaten a lawsuit but does invite the firms to 'discuss licensing opportunities.'"
Tuesday, January 11, 2005
I Knew There Was a Reason I Liked IBM. Reuters reports that "IBM to Give Away 500 Patents." From the article: "U.S. patent leader IBM said late on Monday it plans to donate 500 patents for free use by software developers, marking a major shift of intellectual property strategy for the world's top computer maker and a challenge to the high-tech industry."
Friday, January 07, 2005
Is Anyone Surprised? Reuters reports that "Software makers lobby for copyright changes." From the article: "The Business Software Alliance, a lobbying group whose members include Microsoft Corp. and Apple Computer Inc., said Internet service providers like America Online should be required to reveal the names of customers who may be distributing copyright software through 'peer to peer' networks like Kazaa."
If It Sounds too Good to be True... The AP reports in "Judge: Listerine not same as flossing." From the article: "U.S. District Judge Denny Chin said in a decision made public Friday that he will order Pfizer, the maker of Listerine, to stop the advertising campaign. The lawsuit was brought by a Johnson & Johnson company that makes dental floss."
New Kid on the Block. Ronald Coleman over at the Coleman Law Firm has a new IP blog, entitled Likelihood of Confusion. Via Marty.
Thursday, January 06, 2005
Apple Just Can't Catch a Break. Reuters reports that "Lawsuit Claims Apple Violates Law with iTunes." From the article: "The suit was filed on Monday in the U.S. District Court in San Jose. One antitrust expert called it a long shot, but Californian Thomas Slattery is hoping for unspecified damages for being 'forced' to buy an iPod, one of the most successful electronics products in years." And just who "forced" him to use iTunes?
Wednesday, January 05, 2005
Wonderful World of Copyright. Salon's Andrew Leonard has a new column about copyright policies entitled "Eyes on your copyrighted prize." Interesting tidbit: "Just before Christmas, an article published on Wired News detailed the sad story of 'Eyes on the Prize,' an award-winning documentary series about the civil rights movement in the United States. It seems that it is currently illegal to broadcast or sell new copies of the series because rights to the archival footage included in the documentary have expired. (Typically documentary filmmakers operate on very tight budgets and can buy such rights only for short periods.)"
Eighth Circuit Affirms Limitation on RIAA Subpoena Power. The AP reports that "Court Rules on Music Downloader IDs." From the article: "A second U.S. appeals court ruled Tuesday that the recording industry can't force Internet providers to identify music downloaders under a disputed copyright law." The headline and write-up of this article overstate things a bit. Subpoenas following institution of a John Doe suit are still available. Reuters has a more accurate discussion here.
Tuesday, December 21, 2004
IP Around the World. Reuters reports that "Poland Delays Decision on EU Software Patent Rules." From the article: "Poland, a large EU member whose backing is crucial for the adoption of the proposed rules, did not withdraw support of the planned law but said it wanted ensure the rules would not open the door to the patenting of pure computer software." Also from Reuters, "China Toughens Stance on Intellectual Property."
Apple Piles On Against P2P. Reuters reports that "Apple Sues Three for Posting Mac OS X on Net." From the article: "Apple Computer Inc. has sued three men for illegally distributing test copies of the next version of its Mac OS X operating system on a file-sharing Web site, court records showed on Tuesday."
Another One Bites the Dust. The AP reports that "Popular File-Sharing Site Shuts Down." From the article: "A note posted on Suprnova.org, which facilitated sharing among users of the BitTorrent program, said the site was 'closing down for good.' The collection of links to downloadable files, including music, movies and books, was taken down."
Monday, December 20, 2004
I Hope It's Just Poor Reporting... ... and their claim doesn't really rest on the copying of "research." The New Zealand Herald reports that "NZ author suing over Da Vinci bestseller." From the article: "But Baigent and Leigh, whose own 1982 work Holy Blood, Holy Grail caused such religious outrage when it was published that it sparked death threats, say Brown has lifted large tracts of their research without permission." Via BoingBoing.
Friday, December 17, 2004
Is This Really Even News Anymore? The AP reports that "Computer Users Sued for Swapping Music." From the article: "Recording companies filed copyright infringement lawsuits against 754 computer users Thursday, the latest round of legal action in the industry's effort to squelch unauthorized swapping of music online." Reuters has this report.
Thursday, December 16, 2004
Couldn't They Have Copied a Good Show? Reuters reports that "'Wife Swap' Producers Sue Fox TV Over 'Copycat'." From the article: "Producers of the ABC reality series 'Wife Swap' sued Fox television on Wednesday for copyright infringement, accusing the rival network of ripping off their show with the 'virtually identical' Fox show 'Trading Spouses.'" The AP has this report.
Wednesday, December 15, 2004
Crackberries Granted Temporary Reprieve. Law.com reports that BlackBerry Maker Loses Once Again." From the article: "But the case isn't over yet. The U.S. Court of Appeals for the Federal Circuit offered Research in Motion a chance to reverse the findings of infringement [as to some of the claims]. The court said the district court had misconstrued one claim in the disputed patents. Since it was unclear whether the error prejudiced the jury and caused it to reach an infringement verdict, the appeals court said it was sending the case back to the district court to review that question."
Partial decision in Geico. According to one of my colleagues on the ABA/IPL Committee 254, today "the court dismissed a key element of GEICO's case, ruling that there was not enough evidence of trademark violation to bar Google from displaying rival insurers when computer users search the word 'Geico.'" More info from the same individual:
Geico claimed that Google's AdWords program, which displays the rival ads under a "Sponsored Links" heading next to a user's search results, causes confusion. "There is no evidence that that activity alone causes confusion," Brinkema said, in granting Google's motion for summary judgment on that issue.Reuters has this report.
But Brinkema said the case would continue to move forward on one remaining issue, whether ads that pop up and actually use Geico in their text violate trademark law. Google contends that its policies expressly forbid advertisers from using trademark names in the text of their ads.
The search engine says it does its best to prevent ads that violate the policy from sneaking in, and that the advertisers would liable for any trademark violation, not Google.
Brinkema said she would halt the trial at this point to put a decision in writing and she encouraged both parties to try and settle the remaining issues.
Tuesday, December 14, 2004
If You Use BitTorrent, Read Up. The AP reports that "Source: Hollywood to Sue Server Operators." From the article: "The U.S. film industry is preparing to sue computer server operators in the United States and Europe who help relay digitized movie files across online file-sharing networks, a source familiar with the movie studios' plans said Tuesday."
Get Your Grokster Fill. Slate takes on Grokster in "You Say Napster, I Say Grokster - What do you do when technology outpaces the law?." From the article: "Supreme Court justices, who are not exactly charter members of the download generation, could have an awkward time connecting with all of this and may have been tempted to throw their hands above their robes and just give up. The genius pace of modern techno-ingenuity is enough to make some judges balk at imposing any legal blockades, for fear the law will act as a drag on invention and creativity."
This is an Interesting Idea. The AP reports that "Google to Scan Books From 5 Big Libraries." From the article: "Material from the New York public library as well as libraries at four universities — Harvard, Stanford, Michigan and Oxford — will be indexed on Mountain View, Calif.-based Google under the ambitious initiative announced late Monday." Reuters has this report.
Tilting at Windmills. Another case that doesn't have a chance in court. Reuters reports that "Software Should Not Be Copyrighted -- Lawsuit." From the article: "Aharonian argues in his complaint that software copyright laws violate the right to due process enshrined in the U.S. Constitution because they do not provide clear boundaries for appropriate use. That means industry players and courts do not have a clear idea of the rules."
Monday, December 13, 2004
Coming Soon to an Internet Near You. The AP reports that "ICANN Gives Preliminary OK to 2 Domains." From the article: "Sponsored by leading mobile phone and technology companies, including Nokia Corp., Microsoft Corp. and T-Mobile, the '.mobi' domain would set apart Web sites and other services that are specially designed to work around the limitations of cell phones, including their smaller screen size and data capacity... The '.jobs' suffix, meanwhile, would go to members of the human resources community."
Keyword Sales in Court. The AP reports that "Judge Hears Geico, Google Trademark Case." From the article: "Attorneys for auto insurance giant Geico told U.S. District Judge Leonie Brinkema that Google should not be allowed to sell ads to rival insurance companies that are triggered whenever Geico's name is typed into the Google search box."
More Grokster. Law.com reports that "Supreme Court Takes On Emerging Issues in Copyright, International Law." From the article: "'The Grokster case presents the most important copyright issue to land before the Supreme Court in the Internet age,' said Gregory Garre of Washington, D.C.'s Hogan & Hartson, who heads the firm's Supreme Court and appellate practice and has represented IP clients before the justices. Garre has no involvement in this case." Reuters has more here.
Friday, December 10, 2004
Grokster Goes a Courtin'. The AP reports that "High Court to Hear File-Sharing Dispute." From the article: "Justices will review a lower ruling in favor of Grokster Ltd. and StreamCast Networks Inc., which came as a blow to recording companies and movie studios seeking to stop the illegal distribution of their works."
Thursday, December 09, 2004
Phishing Strikes the Far East. Reuters reports that "Two China Banks Uncover Fake Web Sites." From the article: "Two of China's leading banks have identified fake Web sites in recent days and reported them to the country's public security organs, bank officials said on Thursday."
Kazaa Case Draws to a Close. Reuters reports in "Kazaa Talked to Record Firms About Music Swaps." From the article: "Philip Morle, Sharman's director of technology, told the federal court in Sydney the Distributed Computing Industry Association had hosted and coordinated a number of discussions between Sharman Networks and various U.S. record companies about the issue of unauthorized file sharing."
Yet Another Reason to Steer Your Clients Away from Descriptive Trademarks. Law.com reports in "Both Sides Take Comfort From High Court's Ruling in Closely Watched Trademark Case." From the article: "The Court's unanimous ruling in KP Permanent Make-Up v. Lasting Impression said that the law tolerates 'a certain degree of confusion on the part of consumers,' a view favoring alleged trademark infringers. But it also gave trademark holders a partial victory when it said that evidence of likely consumer confusion is relevant and can be introduced by trademark holders in suing infringers." Marty has more here.
Wednesday, December 08, 2004
Just a Coincidence? Apple's IP counsel must be busy these days. Reuters reports that "Apple in Cybersquatting Fight Over ITunes Website." From the article: "Benjamin Cohen, who joined the Internet's millionaires club after founding the Web Site Sojewish when he was just 17, said on Wednesday he registered itunes.co.uk during the dotcom boom in November, 2000, and wouldn't give it up without a fight."
One to Watch. Law.com reports that "High-Stakes File-Sharing Case Seeks Supreme Court's Ears." From the article: "The intensely watched copyright infringement case Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd. and StreamCast Networks Inc., No. 04-480, is on the agenda for the Court's private conference Friday, along with dozens of other cases in which the Court may grant or deny review. "
Tuesday, December 07, 2004
You'd Think Companies Would Have Learned Better By Now. Law.com reports that "Biopharm Company Alleges Rival Used Trademark in Web Site Metatags." From the article: "In an attempt to lure Internet traffic away from competitors, a Coral Gables, Fla., biopharmaceutical company allegedly embedded trademarked names of five other biopharmaceutical companies in the coding of its Web site, a South Carolina company alleges in a suit filed in Miami."
Three's a Crowd? Mergers are in the air. Law.com reports that :DLA and Piper (and Gray) Make Merger Official. From the article: "London's DLA and the partners of Piper Rudnick voted to merge the firms Saturday, creating what on Jan. 1 will be the world's third-largest law firm measured by lawyers and fifth-largest measured by revenues."
Thursday, December 02, 2004
Time to Start Collecting for the Legal Fund. This is just asking for trouble: Unauthorized iPod U2 vs. Negativland Special Edition on eBay.
Careful What You Say. Law.com reports on the growing trend of suing on-line "gripe" sites under trademark law in "Trademark Lawsuits: The Price of Online Griping." From the article: "Scores of disgruntled customers who criticize businesses on Internet 'gripe sites' are finding themselves entangled in costly court battles with companies charging trademark infringement."
Monday, November 29, 2004
If a Tree Falls in the Forest... Reuters reports that "Film Studios Win $24 Million Against Web Site." From the article: "The award was handed down earlier this week in U.S. District Court in Los Angeles as a default judgment, meaning the defendants never responded, according to the MPAA."
Kazaa Battle Down Under. The AP reports that "Recording Industry, Kazaa Square Off." From the article: "The record company lawyers will try to have Kazaa's owners declared liable for copyright breach and loss of earnings in the civil case. If they succeed, a case next year would likely set the damages the owners have to pay."
Monday, November 22, 2004
Thankful for Small Favors? The Washington Post reports that "U.S. Senate Passes Scaled-Back Copyright Measure." From the article: "A section that would have made it illegal to edit out commercials was removed."
'Major Label Retardation' - Is That in the Next DSM? Via BoingBoing: Indie label Positron! Records offers CC licenses to its artists.
If at First You Don't Succeed... Hot on the heels of its loss to Visa in a copyright infringement lawsuit, Perfect 10 has brought suit against Google. The AP reports that "Adult Site Sues Google for Infringment." From the article: "A Web site that sells photos of naked women is suing Google Inc., alleging that the online search engine leader is destroying its business by distributing links and passwords that provide free glimpses of the nude models." Marty has more.
Friday, November 19, 2004
Stop Me If You Think You've Heard This One Before. The AP reports that "Recording Cos. Sue 761 for Music Swapping." From the article: "In all, recording companies have sued 6,952 computer users since September 2003. To date, 1,300 defendants have settled their cases out of court, the RIAA said."
Wednesday, November 17, 2004
Good for You Video Games? What Will They Think of Next? Reuters reports that "Hollywood Writer Sues Microsoft Over Yoga Game." From the article: "According to his lawsuit, Avary met several times with the Microsoft team, and in 2003, pitched them a detailed concept for a video game designed to lead players through yoga poses using Microsoft's Xbox game console."
Tuesday, November 16, 2004
Court Rejects Expansion of Contributory Infringement. Law.com reports that "Federal Judge Tosses Porn Purveyor's Copyright Suit Against Credit Card Companies." From the article: "Beverly Hills, Calif.-based Perfect 10 claims credit card companies have a 'special relationship' with the infringing Web site operators since they have enhanced requirements for processing the transactions of such high-risk merchants and impose higher fees for disputed charges on them."
Monday, November 15, 2004
Anti-INDUCE Coalition Forms. Reuters reports that "Anti-Copyright Bill Groups Unite to Fight." From the article: "Opponents of the legislation, from consumer electronics makers to fair-use advocates, contend that the bill goes too far, arguing that provisions in the bill will hamstring technological development, turn normal people into copyright criminals and force the federal government to pay Hollywood's legal bills."
Thursday, November 11, 2004
Another Reason to Take Care With Your Copyright Registrations. Law.com reports that "Gallup Mistake Invalidates Copyright." From the article: "In his 17-page opinion in Gallup Inc. v. Kenexa Corp., U.S. District Judge Lawrence F. Stengel found that Gallup's copyright registration of its 'Gallup Q-12' employee survey was flawed because the company 'failed to deposit a copy of the work to be copyrighted as it existed when it was allegedly first published.'"
Wednesday, November 10, 2004
Firms Go A Courtin'. The Trademark Blog reports that "Ropes and Gray To Acquire Fish and Neave."
Monday, November 08, 2004
Amicus Weigh in on Grokster Cert Petition. The AP reports that "Court Urged to Hear File-Sharing Case." From the article: "The filings are designed to support a petition made last month by a coalition of major recording companies and Hollywood movie studios who asked the court to reverse lower court decisions clearing Grokster Ltd. and StreamCast Networks Inc. of liability for their customers' online swapping of movies and music."
Saturday, November 06, 2004
SPRAY ON SIDING Sounds Generic to Me. I'd be interested to see if the court actually upholds trademark rights in the term. The AP reports that "Web Site for Complaints Sparks Lawsuit." From the article: "The complaint filed by Alvis alleges that the name of the Townsends' Web site, spraysiding.com, 'is confusingly similar' to the official Alvis site, sprayonsiding.com, as well as its trademark 'Spray on Siding.'"
Friday, November 05, 2004
The Nonbillable Hour Asks... "What five things would you change about IP law and/or practice?"
Thursday, November 04, 2004
MPAA Getting in on the Act. The AP reports in "Source: Movie industry to sue file-sharers." From the article: "The lawsuits will target movie fans who share digitized versions of films over peer-to-peer networks, with the first wave of litigation planned for as early as Thursday, according to the source, who spoke on condition of anonymity."
Amazon Part 2? A reader pointed me to a recent article in Business Week entitled "A Patent Challenge for Dell." From the article: "On Oct. 27, Dell (DELL ) was sued in a U.S. District Court by tiny Virginia outfit DE Technologies, which alleges that the PC giant has infringed on its patent covering a system for 'facilitating international computer-to-computer commercial transactions,' according to the complaint. In plain English: global e-commerce." This is likely one to watch.
Wednesday, October 27, 2004
Tuesday, October 26, 2004
DMCA Injunction Overturned. Bag and Baggage reports in "Lexmark Injunction Reversed."
Sure, Blame it on the Lawyers. Reuters reports in "Grokster Officials Settle Separate Copyright Case." From the article: "Officials with the Grokster file-trading network have agreed to pay $500,000 to settle charges they operated a separate music download service without permission, a recording-industry trade group said on Monday."
Friday, October 22, 2004
That's One Way to Easily Prove a Copy is Fake. Reuters reports that "Garcia Marquez Has Last Laugh on Book Pirates." From the article: "Latin American literary giant Gabriel Garcia Marquez has unintentionally won the last laugh on copyright pirates by changing the ending of his latest book, the Nobel laureate's first novel in 10 years."
Don't Mess with Adu. Reuters reports that "U.S. Teen Soccer Prodigy Adu Wins Cybersquatter Case." From the article: "Fushille had contacted Adu's agent seeking majority ownership of the disputed site, participation in corporate advertising negotiations and admission to all matches."
Commercialization Creates Fiduciary Duty? Law.com reports on a recent state appeals court decision in "Calif. Court: Genentech Owes $500M in Royalties."
Tuesday, October 19, 2004
I Wonder Where They're Registered? Law.com reports that "Gray Cary Ties Knot With Piper Rudnick."
Monday, October 18, 2004
Let There Be Music. Reuters reports that "Music Publishers Sign $1.7 Bln Deal on Web Radio." From the article: "The settlement, which was approved by U.S. District Court Judge William Conner in New York on Oct. 15, provides stations with the right to perform ASCAP music over the air and as part of a simultaneous stream on radio Web sites, the parties said." (Not that it does me any good now that the firm has blocked all streaming music.)
Saturday, October 16, 2004
Disney in Trouble Again. BoingBoing reports that "Disney's own copyright law bites it on the ass."
Thursday, October 14, 2004
Here We Go Again. Law.com reports that "Some Big Firms Kick Up Pay, the Rest Watch and Wait."
Wednesday, October 13, 2004
RIAA Not Going to Court. Reuters reports that "Top Court Won't Weigh Net Music Lawsuit Tactics." From the article: "The U.S. Supreme Court on Tuesday declined to examine a lower-court ruling that forces music-industry investigators to file a lawsuit to uncover the identities of people who may be copying their songs online."
Tuesday, October 12, 2004
P2P Users Public Enemy Number One? BoingBoing reports that "Ashcroft declares "most aggressive assault" on piracy in US history."
Sunday, October 10, 2004
Read Up if You're in Maryland. I just got pointed to the Maryland-based Campaign for Verifiable Voting, which is tackling issues of electronic voting in Maryland.
The Copyright Hydra. Reuters reports that "Copyright Bill Dies in Senate as Others Advance." From the article: "Peer-to-peer users who share more than 1,000 songs or other copyrighted works would face up to three years in prison under the bill. U.S. copyright investigators would be able to file civil suits, which require a lower standard of proof than criminal cases, echoing tactics already used by the recording industry."
Creative Commons Hits the Mainstream. The AP reports in "Movement Seeks Copyright Alternatives."
Friday, October 08, 2004
Was There Any Question They Were Seeking Cert? The AP reports that "Court Asked to Settle File-Sharing Dispute." Reuters has this report. Via How Appealing.
The Last Paragraph... seems to show the limitations of having your staff report about a case to which you're a party. Did the argument really to "nowhere in court"? "Freelance battle far from over, Globe executive says."
He May be the Last DJ, but Video Killed the Radio Star. E! Online reports that "Petty Running Down a Lawsuit." From the article: "A California songwriter has filed a $4.5 million breach of oral contract lawsuit against Tom Petty and Los Angeles-based disc jockey Jim Ladd, claiming they swiped his concepts for the basis of Petty's 2002 title track and album, The Last DJ."
So I Guess We Now Know What "More" Means. Law.com reports that "Verizon-Yellow Book Case Ends With Both Parties Claiming Victory." From the article: "Judge Weinstein found that Yellow Book 'violated the Lanham Act by falsely claiming, as to national and some specific geographic areas, that the usage of Yellow Book's yellow pages was substantially greater than it actually was, as compared to the usage of Verizon's SuperPages.' Verizon's directories were used more heavily than Yellow Book's, Weinstein found."
Thursday, October 07, 2004
It Ain't Over 'Til the Fat Lady Sings. Internetnews.com reports that "Appeals Court Re-Opens E-Mail Snooping Case." From the article: "This time, seven federal judges from the U.S. Court of Appeals for the First Circuit in Boston will determine whether Bradford Councilman, former vice president of bookseller and e-mail provider Interloc, Inc. (now Alibris), violated the federal Wiretap Act when he copied inbound e-mails from Amazon.com to gain a competitive advantage."
Time to Start a Pool... on where we'll see them next? Reuters reports that "Music Industry Sues 459 European Net Song-Swappers." Reuters has more here.
Saturday, October 02, 2004
Your Man Bites Dog Story for the Day. The AP reports that "Court gives go-ahead to $25 million Franklin Mint lawsuit against Princess Diana fund."
Friday, October 01, 2004
ACLU: 1 The New York Times reports that "Judge Strikes Down Section of Patriot Act." From the article:
The ruling invalidated one piece of the law, finding that it violated both free speech guarantees and protection against unreasonable searches. It is thought likely to provide fuel for other court challenges.
The ruling came in a case brought by the American Civil Liberties Union against a kind of subpoena created under the act, known as a national security letter. Such letters could be used in terrorism investigations to require Internet service companies to provide personal information about subscribers and would bar them from disclosing to anyone that they had received a subpoena.
Just Like the Energizer Bunny. Reuters reports that "Recording Industry Sues 762 for Net Music Swaps."
Is it Just Me? Or does 8 years to examine a patent seem like a long time? The AP reports that "Microsoft Vows Fight on Patent Rejection." From the article: "In a preliminary ruling, the government rejected Microsoft Corp.'s 1996 patent on technology for saving files on computers using easy-to-remember names." Update This BoingBoing post answers my question above (it was a reexamination of the patent) and confirms my belief that much of the legal reporting by the major news outlets suffers from a woeful lack of context...
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