Odd to Put this Provision in a Copyright Bill. Rather than an antitrust bill. Bloomberg reports that "France's Parliament Approves Copyright Bill, Open Music Formats." From the article: "France's parliament voted in a copyright bill that would be Europe's first legislation forcing companies such as Apple Computer Inc. and Microsoft Corp. to make music downloads playable on all portable digital players."

An Interesting Question. A friend passed this along. The New York Times asks "Why Do So Few Women Reach the Top of Big Law Firms?" From the article: "Although women certainly leave firms to become more actively involved in child-rearing, recent detailed studies indicate that female lawyers often feel pushed into that choice and would prefer to maintain their careers and a family if a structure existed that allowed them to do so. Some analysts and many women who practice law say that having children isn't the primary reason most women leave law firms anyhow; most, they say, depart for other careers or for different ways to practice law."

Does the Federal Circuit Need Chemistry Majors? Howard asks "[i]s the determination of whether a thing is a salt or an acid a question of law, or a question of fact?" in his post on a recent Federal Circuit opinion here.

Why You Should Talk to the Marketing Folks Before Sending a C&D... Reuters reports that "Showbiz unsure if YouTube a friend or foe." From the article:

However, the relationship between this Internet upstart and Hollywood isn't as adversarial as you might assume. For every corporate lawyer firing off angry letters to YouTube, there are two more executives exploring potential partnership opportunities -- maybe even an outright acquisition.

What's more, YouTube execs claim that these conflicting legal and promotional imperatives often unknowingly emanate from the same company.

'There's been a few examples of marketing departments uploading content directly to the site, while on the other side of the company their attorney is demanding we remove this content,' YouTube co-founder Chad Hurley says.

So Who's Reading This? Geeklawyer points to this article about the perils of Google for a job seekers. A note to anyone researching me: If your search spelled my first name wrong, I am *not* a school teacher in Alabama. (Although I must cop to some of the hits for the misspelled version of my first name, but I'll let you guess which ones.)

Who Knew? Apparently someone on MySpace goes by the moniker nerdlaw. Just so there's no confusion, my name is not Waldo, and I am not a 23 year-old male living in Minnesota. (And how can Waldo be in my extended network when I don't even *have* a MySpace network?)

They Sit in the Fish Bowl so You Don't Have to. Reuters reports that "Final chapter looms in 'Da Vinci' copying case." From the article: "'In this case, Brown has used HBHG with the intention of appropriating the work of its authors,' Rayner James said. 'He and/or Blythe has intentionally used HBHG in order to save the time and effort that independent research would have required.'" Of course, historians do this to each other all the time. If you're claiming that your work is historical fact, can you really complain if some of the same facts end up in other works.

Sounds Better than the Initial Reports. Reuters reports that "Google wins partial keywords victory." From the article: "'To the extent the motion seeks an order compelling Google to disclose search queries of its users the motion is denied,' Ware wrote."

So is Google Obligated to Provide Search Services? Seems to be where this claim is headed... Reuters reports that "Kinderstart sues Google over lower page ranking." From the article: "A parental advice Internet site has sued Google Inc., charging it unfairly deprived the company of customers by downgrading its search-result ranking without reason or warning."

Not all that Surprising. Reuters reports that "Judge dismisses Google copyright case." From the article: "Parker's original 72-page complaint had argued that Google was responsible for anonymous Web postings attacking him in Usenet newsgroups that Google archives on its computers and via the newsgroup and general Web search systems it offers."

Bit of a Non Sequitur. Internetnews.com reports that "Azul Sues Sun to Protect Itself." From the article: "'Sun seems to be in disbelief that a young, privately held company can independently create such industry-defining technology. Azul has been forced into this legal process as a last resort.'" Of course, as the article states that Sun's claim were for patent infringement, not copyright infringement, independent creation isn't really a defense...

Guesses on How Much Productivity Will Go Down this Week? The AP reports in "Greetings, Earthlings! -- from Google Mars." From the article: "On Monday, Google Inc. expanded its galactic reach by launching Google Mars, a Web browser-based mapping tool that gives users an up-close, interactive view of the red planet with the click of a mouse."

That was Quick. The AP reports that "Judge to force Google's hand." From the article: "U.S. District Judge James Ware did not immediately say whether the data will include words that users entered into the Internet's leading search engine."

Guess the Feds Don't Like eBay as Much as BlackBerry. Internetnews.com reports that "Feds Side Against eBay in Patent Case." From the article: "In a Supreme Court brief supporting MercExchange, the U.S. Solicitor General said that an appeals court did not err when it ruled an injunction was in order against eBay, reversing a district court decision to not impose an injunction." (Full disclosure: my prior firm represents MercExchange.)

A Chance for Patent Lawyers to be the Life of the Party? Wired reports in "Finding Humor in Meat Patents." From the article: "To date, Wright said he has incorporated patent material into routines performed at comedy venues in New York City, including The PIT, an improv theater, and noted that his acts have been well-received. He's working on a longer presentation to market to professional groups, possibly as comic relief during conferences. It will include jokes and the unintentionally comic illustrations that often accompany patent applications."

Google Back in Court. Reuters reports that "Google set to defend challenge to US subpoena." From the article: "Analysts said the Google case shows it is only a matter of time before the U.S. government may seek access to individual Internet records, just as federal agencies already can do for library or medical records." The AP has more.

This Could be an Interesting Development... Slate.com reports in "Copycatfight - The rag trade's fashionably late arrival to the copyright party." From the article: "The Council of Fashion Designers of America is meeting with members of Congress tomorrow to gather support for a bill to offer copyrightlike protection to clothing designs. While European Union law already contains similar provisions, the CFDA proposal would be a substantial change to the existing American framework. The proposed bill would, for the first time, prevent anyone from copying an original clothing design in the United States and give designers the exclusive right to make, import, distribute, and sell clothes based on their designs."

Tales from the Sandbox. Reuters reports in "Verbal fireworks as Da Vinci Code case nears end." From the article:

After Leigh's cross-examination ended surprisingly quickly, Judge Peter Smith closed the second week of the case by pointing out that a character in The Da Vinci Code actually refers to the 1982 book.

The name of the character, Sir Leigh Teabing, is in fact an anagram of the names of the two claimants.

'In the first place it damns us with faint praise,' said Leigh, adding he found Teabing's reference to the book 'patronising.'

Smith countered that an explanation for this may be that Teabing was a patronising character in the book.

Da Vinci Code Copyright Case Underway. Reuters reports in "Author Brown back in court for Da Vinci Code case." From the article: "As Brown's side concedes, the name of one character in The Da Vinci Code, Sir Leigh Teabing, is an anagram of Leigh and Baigent, and Teabing refers to their work in the narrative. But it adds that Brown took his research from a number of sources."

Didn't Expect that One to be Unanimous. Reuters reports that "Court upholds campus military recruiting law." From the article: "A unanimous U.S. Supreme Court ruled on Monday that universities that get federal funds must allow military recruiters on campus, even if their law schools oppose the Pentagon's policy prohibiting openly gays and lesbians from serving."

Surely Playboy's Lawyers Knew Better than This. E!Online reports that "Alba Plays Hardball with 'Playboy'." From the article: "Despite Alba's flat-out rejection, her lawyer alleges that Playboy went ahead and obtained a publicity photo of the Into the Blue star under false pretenses by telling Columbia Pictures that the actress had approved the use of the photo, which then wound up on the cover of the bunny-eared publication."

8-0. Law.com reports that "High Court Patent Ruling a Victory for Big Business." From the article: "The decision Wednesday said that a patent on a product does not automatically mean that the patent holder has market power of the type that would trigger an antitrust 'tying' violation. Tying occurs when a seller conditions its sale of one product on the purchase of another product."

Temporary Reprieve? CNNMoney.com reports that "Injunction hearing wraps up in BlackBerry patent case." From the article: "But Judge Spencer said there was no escaping that RIM had been found to be infringing on NTP Inc.'s patents and he would issue a decision on an injunction 'as soon as reasonably possible,' according to Reuters." The Washington Post has more.

Lion Sleeps Tonight Case Settled. Reuters reports that "US firm pays SAfrican heirs of Lion song composer." From the article: "Lawyers acting for the family of Zulu migrant worker Solomon Linda, the song's original composer, said Abilene Music -- which administered its copyright in the United States -- had agreed to settle the dispute for an undisclosed sum."

This is One I didn't Expect. I know I'm out of the loop when it takes me a day to learn about the Perfect 10 decision. Marty has his take on the court's opinion in "Perfect 10 Obtains Injunction Against Google's Use of Thumbnail Images." From the post: "An essential fact here is that P10 now sells thumbnail images of its photos for the cellphone market. Thus, Google making such images available for download made its use 'consumptive' (in addition to transformative), with a negative effect on P10's market."

Dykes on Bikes Redux. Wired.com reports that "Actor Tries to Trademark 'N' Word." From the article: "The actor Damon Wayans has been engaged in a 14-month fight to trademark the term 'Nigga' for a clothing line and retail store, a search of the U.S. Patent and Trademark Office's online database reveals."

D-Day Approaching. Reuters reports that "Judge hears arguments on BlackBerry's fate." From the article: "U.S. District Judge James Spencer opened the hearing without giving any indication of whether he is inclined to impose the injunction against U.S. BlackBerry service that he stayed in 2003 pending RIM's appeals."

Cool New Blog. Counterfeit Chic. Via Marty.

Woohoo! Reuters reports that "RIM unveils plan to keep US BlackBerrys alive." From the article: "RIM, based in Waterloo, Ontario, said it has filed patent applications for its workaround and will soon begin shipping handsets with the software update in a dormant mode." The AP has more here.

Interesting Right of Publicity Case. Law.com reports that "Use of Woman's Image in HBO Reality Show Prompts Lawsuit." From the article: "A Manhattan woman's violation-of-privacy suit, which alleges that participants in the Home Box Office show 'Family Bonds' made crude comments about 'the effects looking at [her had] on their respective libidos,' highlights the challenges that reality TV shows face under New York state law."

I Have to Disagree. A bit off-topic for this blog, but I just had to respond to the article by Edward Jay Epstein at Slate.com entitled "The End of Originality - Or, why Michael Bay's The Island failed at the box office." In it, Epstein argues: "What really failed here was not the directing, acting, or story (which were all acceptable for a summer movie) but the marketing campaign. Whatever other factors might have worked against audience creation - the midsummer release date, the clutter of competitive action films, the misleading title, etc. - The Island had to overcome the competitive disadvantage of not having the built-in awareness that comes from being a sequel, a remake, a video game, a TV series spinoff, or a comic-book adaptation. Of course, there are many original movies that overcome the awareness handicap - and, in rare cases, such as Universal's Cinderella Man, a box-office flop will be rereleased at a later date - but the lesson for studios from such fiascos is that original movies are a far more perilous enterprise than retreads of past successes."

As one of the few to actually see The Island in the theaters, I can tell you that The Island did not fail because it lacked "the built-in awareness that comes from being a sequel, a remake, a video game, a TV series spinoff, or a comic-book adaptation." It failed because people like me left the theater baffled by the story (complete with wholes large enough to drive a Mack® truck through), and thoroughly p*ssed off at having spent nearly $10 to watch two hours of obnoxious commercial placement. You can find my initial reaction on-line here (and it should say something that I wrote this post before re-reading my earlier comments back in August, and yet chose much of the same wording to describe my annoyance with the movie).

I Think He Feels Strongly About This. Columbia Law School Professor Tim Wu has an article up at Slate.com entitled "Weapons of Business Destruction - How a tiny little 'patent troll' got BlackBerry in a headlock." From the article: "What would happen if a rogue actor managed to get hold of a powerful patent and threatened to detonate it and destroy e-mail as we know it? You'd have the BlackBerry NTP v. RIM case - the tech world's very own Dr. Strangelove. NTP, a one-man Virginia firm, armed with nothing but patents, currently threatens to bring down BlackBerry and with it the sanity of millions of e-mail addicts. A textbook 'patent troll,' he wants a billion dollars to stand down. What to do?"

Chalk One Up for the Public Patent Foundation. The AP reports that "Patent Office to Re-Examine Forgent Claim." From the article: "Technology company Forgent Networks Inc. was served notice Thursday that the U.S. Patent and Trademark Office will re-examine the validity of its patent on a widely used compression method for storing digital photos and images."

Give Me a Break. The AP reports that "Man Sues Apple Over Potential Hearing Loss." From the article: "Patterson does not know if the device has damaged his hearing, said his attorney, Steve W. Berman, of Seattle. But that's beside the point of the lawsuit, which takes issue with the potential the iPod has to cause irreparable hearing loss, Berman said."

What About the Rest of Us, Part 2. Reuters reports that "US has misgivings about BlackBerry shutdown plan." From the article: "The U.S. Justice Department urged a federal judge on Wednesday to refrain from any plans to shut the BlackBerry portable e-mail service over patent infringement until the government gets more assurances its users will be exempted."

More Good News for RIM. Reuters reports that "RIM says UK high court rules in its favor." From the article: "RIM said the English court decided that all claims in InPro's United Kingdom patent were invalid. InPro has the right to appeal the decision, RIM added."

I Was Wondering How Long Before this Ended Up in Court. The AP reports that "Group Sues AT&T Over Alleged Surveillance." From the article: "The class-action lawsuit, filed in U.S. District Court in San Francisco by the Electronic Frontier Foundation, seeks to stop the surveillance program that started shortly after the 2001 terrorist attacks. It also seeks billions of dollars in damages."

I Wonder What Associate Got to Write that Memo. The Washington Post reports that "A Game by Any Other Name Sells as Sweet." From the article: "Ambush marketing is legal, as long as an advertiser doesn't infringe on any trademarked words (such as 'Super Bowl' or 'Seattle Seahawks' or even 'Super Sunday') or copyrighted symbols ( such as the NFL's 'shield' logo). According to guidelines written by Leventhal, Senter & Lerman, a Washington law firm that represents broadcasters, it's permissible to use such phrases as 'the professional football championship game,' as well as the date of the game, the name of the cities of the competing teams ('Pittsburgh vs. Seattle') but not the team names ('Pittsburgh Steelers'). The firm also advises, 'You can make fun of the fact that you cannot say the phrase 'Super Bowl' (e.g., by bleeping it out).'"

Visto Getting Litigious. Reuters reports that "Visto hits rival Good Technology with patent suit." From the article: "The move follows privately owned Visto's lawsuit against Microsoft Corp in December. It had also accused the software giant of infringing its patents for wireless e-mail."

Let's Not Let Facts Standing in the Way of a Good Story. In fact, Cingular didn't apply for a patent on emoticons this week. They applied for the patent on March 28, 2005, but the application was published this week. And they're not really trying to patent emoticons, but instead a sort of keyboard for selecting emoticons. But it seems like Method 4 at least will run into a prior art problem, since I think I've seen a similar virtual keypad on various IM programs throughout the years. Anyway, you can read the Register's take in "Cingular applies to patent smileys :@." From the article: "Cingular, the United States' largest mobile phone network this week applied to patent emoticons, better known as smileys."

This is Cool. The AP reports that "Apple Offers College Lectures Via Podcasts." From the article:

Apple's service offers universities a customized version of the iTunes software, allowing schools to post podcasts, audio books or video content on their iTunes-affiliated Web sites. The iTunes-based material will be accessible on Windows-based or Macintosh computers and transferable to portable devices, including Apple's iPods.

The service lets institutions decide if they want to limit access to certain groups or open the material to the public.

Go Sprint. Reuters reports that "Sprint sues 2nd company over call record sales." From the article: "Sprint said All Star is believed to own Web sites including detectivesusa.com, miamiprotection.com and privatedectivesusa.com. which it says obtain phone records for its wireless customers through misrepresentation and deceit."

Some Good News for RIM. Reuters reports that "German patent court rules in RIM's favor." From the article: "RIM said the German patent court had decided that all claims in InPro's German-designated patent were invalid. Luxembourg-based InPro has the right to appeal the decision, RIM said in a statement."

I Can't Believe This Used to be My State Delegate. The AP reports that "Va. Lawmaker's Gun Discharges in Office." From the article: "Virginia's gun laws are among the nation's least restrictive. So revered are gun rights that the General Assembly allows permit holders to bring firearms into buildings on Capitol Square, including the Capitol itself. Several legislators carry firearms."

Sigh. CNNMoney.com reports that "High court rejects BlackBerry case." From the article: "But the Supreme Court's decision to not review the case doesn't bode well for RIM, according to Ken Weitzman, a partner at legal firm Chadbourne and Parke in New York. 'There will likely be an injunction. The question is what is the scope of the injunction,' Weitzman said."

How Long Before the Cease and Desist Letter? Reuters reports that "IPods pre-loaded with video tred legal gray zone." From the article: "Customers choose any content currently available on a DVD and which iPod they want. TVMyPod then puts the content on the player and ships the original DVDs along with the iPod restored to its original packaging."

So Does This Fall Under 'Don't Do Evil'? The AP reports that "Feds seek Google records in porn probe." From the article: "Google has refused to comply with the subpoena, issued last year, for a broad range of material from its databases, including a request for 1 million random Web addresses and records of all Google searches from any one-week period, lawyers for the U.S. Justice Department said in papers filed Wednesday in federal court in San Jose."

Someone didn't do their Homework. Law.com reports that "Judge Blasts Bogus Proof, Rejects Claim Against Disney." From the article:

If only the PalmPilot had existed in 1995, writers Ronnie Niederman and Judith Shangold might still have a federal case that their idea was swiped by the Walt Disney Co.

But the product with that name did not hit the market until 1997 -- almost two years after the two plaintiffs claimed they had given Disney a treatment, or basic story line, for a children's animated theatrical feature that contained several references to the now-ubiquitous hand-held personal organizer.

IP Students Take Note. Could be an interesting exam question. My friend Sujal has an interesting post ("The cost of running the game") about a recent case brought against MLB by a fantasy football league purveyor. From the post: "Anyway, apparently a company out there is taking one of the leagues to court to argue against the fees as they're set up now. The company is taking MLB, which bought the exclusive rights to distribute player statistics from the MLBPA, to court to argue that the statistics, once the game is over, are historical fact and therefore shouldn't require a license. It's going to be an interesting case that will have some interesting repercussions regardless of who wins." My thoughts on this can be found via the link.

Guess We'll Have to Wait Longer for This One to be Settled. The AP reports that "Court Dismisses Yahoo Free Speech Suit." From the article: "The 9th U.S. Circuit Court of Appeals dismissed a federal lawsuit brought by Yahoo in California challenging the fine levied five years ago for running an auction site in which French users could buy and sell the memorabilia banned in France." Reuters has additional reporting here.

I'm Interested to See the Appeal Decision on This One. Reuters reports that "Small coffee company can keep 'Charbucks' name." From the article: "Judge Laura Swain of New York federal court ruled last month that consumers were unlikely to be confused between Starbucks and the 'Charbucks' and 'Mister Charbucks' coffee blends sold by the family-owned Black Bear Micro Roastery of Center Tuftonboro, New Hampshire."

Looks Like Someone's Paying Attention to PTO Filings... Reuters reports that "Apple files 'Mobile Me' as US trademark." From the article: "Apple Computer Inc. has filed to trademark the phrase 'Mobile Me' for use in a wide range of businesses, furthering speculation it could introduce an iPod phone." Which raises the question: Is it legitimate to file for a range of goods and services than is wider than those for which you intend to use the mark in order to throw reporters off the scent? Or does the requirement that the applicant have a bona fide intent to use the mark in connection with all goods and services in the application prohibit such conduct? (Not that I know this is what Apple did.)

Don't Touch My iPod... InformationWeek reports that Apple has DJed Burst.com in "Apple Sues To Save Its iPod." From the article: "The patents at issue are #4,963,995, #5,995,705, and #5,164,839. They will expire between 2007 and 2009, which suggests the royalties sought by Burst were significant enough that Apple would rather gamble in court than pay for a few years of peace."

It Was Only A Matter of Time. New uses for RFID - Reuters reports that "Viagra packages to include anti-counterfeit tags." From the article: "Haskins said the tiny tags are small computer chips that have been affixed to the underside of labels on each bottle of Viagra, as well as on cases and pallets of the drug. The invisible tags relay an electronic code that verifies the product is bona fide and authorized Viagra."

So That's Where He Got Off To... The Reliable Source reports on "Wonkette's Sex Change." From the article: "Ana Marie Cox, the writer who made Washington politics irresistibly naughty, is giving up her job as a full-time, pajama-clad blogger to become a full-time, pajama-clad author. Cox, who just signed a contract for her second book, will hand off the political Web site to David Lat, the lawyer who secretly penned Underneath Their Robes, an irreverent blog about the judiciary world."

Why You Should Never Tick Off Law Students with Too Much Time on their Hands. The Register reports in "Claim back £300 per spam." From the article:

Unfortunately for the company, Roberts, 37, is a recognised internet expert and was studying for a law degree, which he has just been awarded. After lengthy correspondence, the company offered £100 in damages but claimed not to be able to disclose the name of the company it had bought his email address from for legal reasons. Pushing further, Media Logistics disclosed the name of a long-dead company. . . . .

Roberts is also preparing a series of legal templates based on his case which he will make available for free on his campaigning website found at www.spamlegalaction.co.uk. He told us it will be a "DIY spam self-defence kit". The hope is that without any specialised legal knowledge, even everyday Internet users will be able to sue companies that send them unsolicited email.

More on Google Talk Patent Suit. Reuters reports that "Patent firm sues Google for voice services." From the article: "RTI holds two patents in the telecommunications field and generally takes a one-time fee of up to $5 million to cover companies who provide the services or the equipment to support them. It filed the suit against Google in October."

Here's Hoping the Housing Bubble Doesn't Burst. While I'm recovering from sticker shock, I'd be interested in learning of any good floor guys (or gals) in the District...

Who Knew there was an Entire Blog Devoted to Google? The Google Blog reports that "Google Talk faces patent lawsuit." From the post: "As reported by Gary Price in Search Engine Watch.com, the lawsuit was filed by Rates Technology in October. It alleges infringement on two of its patents for minimizing the cost of long-distance calls using the Internet." (It's like a fun house mirror - a blog citing a blog citing a blog.)

I'll Leave it to Marty to Google the Plaintiff Magazine. The AP reports that "Stallone Magazine Allowed to Stay on Sale." From the article: "Sylvester Stallone can keep his magazine, Sly, on newsstands despite the complaints of an Internet magazine with the same name that a judge suggested was more of a shoe 'fetish' publication."

Something to Think About When Drafting Licenses. Reuters reports that "Songs don't remain the same for TV shows on DVD." From the article: "More often, though, skyrocketing music-clearance fees are becoming major stumbling blocks for DVD reissues, often delaying or even completely derailing releases. Take 'WKRP in Cincinnati,' for example: The 1970s sitcom used so much classic rock that it would cost 20th Century Fox Home Entertainment a mint to clear the tracks. Fox has suggested that it still is considering releasing 'WKRP,' but others are not optimistic that the comedy and similar shows of its kind will ever make it into the market."

Not Sure They're Going to Win This One. The AP reports that "Hershey sues to block book's candy-wrapper-style jacket." From the article: "Hershey spokeswoman Stephanie Moritz said Monday the company worries that consumers might think it 'authorized, sponsored or approved' the book. It wants to prevent Simon & Schuster from distributing the dust jacket." Judge for yourself:

Another DMCA Prosecution. Reuters reports that "Men face criminal charge for Xbox tampering." From the article: "The complaint alleges that Jones and Bryant sold Xbox systems that Cai modified with chips and hard drives that allowed users to copy rented or borrowed games onto the console for future play."

And They Grow Up to Be Photographers. In a headline any trademark attorney could have predicted, the AP reports that "Researchers Find Barbie Is Often Mutilated." From the article: "'The girls we spoke to see Barbie torture as a legitimate play activity, and see the torture as a "cool" activity,' said Agnes Nairn, one of the University of Bath researchers. 'The types of mutilation are varied and creative, and range from removing the hair to decapitation, burning, breaking and even microwaving.'" Aside from "microwaving," there's no mention of menacing household appliances...

A Hairy Problem. Sorry. Couldn't resist. The AP reports that "Hemingway Heirs File Lawsuit Over Bar Name." From the article: "The owner of Hemingway's Downtown says he named the 6-month-old business after the English bulldog he had as a boy."

They're Starting Young. The AP reports that "Fourth-Graders Accused of Counterfeiting." From the article: "A cafeteria worker thought it was odd that a fourth-grader would pay for his lunch with a $20 bill."

Interesting. Last week's articles were rather pessimistic about Judge Spencer's call for more briefing, while the tone this week is somewhat more optimistic. Reuters reports that "RIM shares up after patent office, court decisions." From the article: "But in what could be another positive development, the Wall Street Journal reported over the weekend that the patent office plans to fast-track the re-examination and has assigned a dedicated team."

Anyone Taking Bets on the Size of the Settlement? The AP reports that "Judge Orders Briefs in Blackberry Case." From the article: "Spencer said he would schedule a hearing next month."

Microsoft Back in Court. The AP reports that "Microsoft Sued Over Patent Infringements." From the article:

The lawsuit, which seeks unspecified monetary damages and a permanent injunction to stop the infringement, was filed late Wednesday - the same day Visto announced that NTP Inc. had acquired an equity stake in the startup and signed a patent licensing deal.

Visto's allegations against Microsoft and its Windows Mobile 5.0 are similar to NTP's against Research In Motion Ltd., which now faces the possible shutdown of its popular BlackBerry messaging service in the United States.

Reuters has more on the case here. Finally, after noting that Visto is a competitor of RIM, the AP reports on other possible effects of the case in "RIM Pressured to Settle BlackBerry Case." From the article: "James H. Wallace Jr., an attorney for NTP, says he plans to argue in federal court in Virginia that these deals show there are available options for customers in the event of an injunction against RIM."

In other Microsoft news, Reuters reports that "Microsoft files 10 lawsuits over software pirating." The AP also reports on Microsoft's suits in "Microsoft Files Breach-Of-Contract Suits." From the article: "Microsoft Corp. said Thursday it had filed its first-ever breach-of-contract lawsuits against several members of a software subscription service."

IP Debate in the EU. The New York Times reports in "Odd Coalition Opposes Criminalizing Patent Violations." From the article: "For once, declared adversaries are on the same side of an argument in the technology industry: Both sides are urging European lawmakers to drop legislation that would impose prison time on patent violators and that they say would stifle innovation across Europe."

Not Quite. Reuters reports that "Lesbian bikers get 'Dykes on Bikes' trademark." From the article: "The U.S. Patent and Trademark Office had denied applications by the San Francisco Women's Motorcycle Contingent to trademark 'Dykes on Bikes,' arguing the phrase would be perceived as disparaging to lesbians." (Actually, as you can see here, the application has been approved for publication, but has not registered yet.)

A New Hope. The AP reports in "BlackBerry Settlement Talks Continue." From the article: "BlackBerry maker Research in Motion Ltd. has resumed settlement talks with NTP Inc. through a mediator, bolstering hopes for a truce in a patent battle that has threatened the popular BlackBerry e-mail service."

Is Anyone Surprised, Considering it was the Seventh Circuit? The AP reports in "Court Rules Against Mom in Download Suit." From the article: "The court rejected her defense that she was innocently sampling music to find songs she might buy later and compared her downloading and distributing the songs to shoplifting."

Sounds Like the Lawyers are Driving This One... Reuters reports that "Google ad fraud plaintiff seeks to cut role in case." From the article: "The company said in a statement it wanted to withdraw as the lead plaintiff named in a lawsuit seeking class-action status it had filed against Google in June in the U.S. District Court for the Northern District of California."

I'll Have to Give this a Closer Look. Fairly exhaustive coverage of false advertising developments by a Georgetown law professor over at "43(B)log." Via Marty.

Is Anyone Surprised? Reuters reports that "BlackBerry maker moves forward in patent dispute." From the article: "The U.S. Patent and Trademark Office has issued a 'non-final action' rejecting all the claims supporting one of five key patents in the BlackBerry dispute, according to a document posted on the patent office's Web site."

Maybe I can Use My Trip to Jamaica to Ween Myself... More bad news for my Crackberry. Reuters reports in "Judge deals RIM blow in BlackBerry case." From the article: "U.S. District Judge James Spencer rejected RIM's request to delay the case and refused to enforce a disputed, $450 million settlement with patent holder NTP Inc."

Sounds Like Patent Lawyers May be Happy With the Decision. Law.com reports on oral arguments in Illinois Tool Works v. Independent Ink in "Justices Hear Key Antitrust Case on 'Tying' Patented Products." From the article: "A judge in the Central District of California ruled that Independent Ink had to prove that Trident had excessive market power, but the U.S. Court of Appeals for the Federal Circuit reversed. The federal circuit, which handles patent appeals, said it was bound by Supreme Court precedent that created a presumption that Trident's patent gave it market power, without any need for Independent Ink to prove it. But the federal circuit described the precedents as 'wobbly and moth-eaten,' virtually inviting the Supreme Court to reverse them."

Sure to be CLE Fodder in the Fall. Reuters reports that "Supreme court will hear eBay appeal." From the article: "At issue for the justices is whether an appeals court erred in finding that a permanent injunction barring use of a technology must generally be issued once infringement of a valid patent has been determined."

Moving Out of the Archives. Reuters reports that "Library of Congress plans world digital library." From the article: "By contrast, the World Digital Library will focus on creating records of global cultures. The Library of Congress will contribute its own body of works to a blended collection with other countries. More than half of the printed volumes in the Library of Congress are in languages other than English."

Never too Early to Start Thinking About INTA. Marty points out that the brochure for the INTA 128th Annual Meeting, Toronto, Ontario, Canada is up. Already looking forward to my room in the SoHo Metropolitan (heated marble floors in the bathroom - what more can a girl ask for?).

When Trademarks and Blogging Collide. Looks like there's a bit of a dustup over Open Source Media, or OSM, or Whoever-they-are's new name. From Open Source's blog: "The question is whether their use of the phrase 'open source' could create confusion in our current and not insignificant web and radio audience. Or our partners. Or our sponsors. Or our future sponsors. Their product sounds strikingly similar to ours, and many of the bloggers listed on their site have appeared on our show; it seems like confusion would be hard to avoid. We wish them well with their portal, but we maintain our request - already articulated in an overnighted letter - that they stop referring to themselves in any way as 'Open Source.'"

I Wonder How Widely Released it Was. E!Online reports that "Songwriter Ices Madonna in Court." From the article: "Composer Salvatore Acquaviva sued the Material Girl in May, claiming the singer had engaged in some unauthorized borrowing from his 1993 song 'Ma Vie Fout L'camp (My Life's Getting Nowhere)' to augment her 1998 hit 'Frozen,' off her album Ray of Light."

Guess They're Not Worried About an Injunction. How Appealing reports in "All your Berry are belong to us" that RIM is suing third party users of "Berry" trademarks.

Microsoft May Get Some Help. Internetnews.com reports that "PubPat Claims 'Prior Art' on JPEG Patent." From the article: "Ravicher's re-examination requests compare each of the elements of the '672 Patent with those of the Tescher Patent, showing the relationships to prove that the tech covered by the latter should have been obvious, given the former. Such a process typically takes 40 to 80 hours of work by an expert, often with the help of other experts."

Definite Case of Foot-in-Mouth Disease. Reuters reports that "Harvard president faces new criticism." From the article: "'We think it is highly improper if, as reported, the president of Harvard has been expressing to members of the faculty his 'deep dissatisfaction' with the dean of arts and sciences,' it added."

I Wonder If They're Really That Broad... Internetnews.com reports that "Amazon Gets Patents on Consumer Reviews." From the article: "The online retailer of books and just about everything else was awarded three new patents, covering its purchase circles, search and consumer reviews. While Amazon.com's patent police would go after Web publishers, not consumers, the review patent could put the kibosh on the social networking components of many search services."

Interesting New Keyword Case. The Technology & Marketing Law Blog covers a new suit filed by Office Depot against Staples in "Keyword Lawsuit Between Office Depot and Staples." From the post: "Staples bought the keyword 'viking' at Google and made various announcements at its website about the brand retirement and the ability of Viking's customers to migrate to Quill. Office Depot characterizes these announcements as misrepresentations that were designed to confuse Viking's customers into thinking that Quill had acquired Viking. Staples characterizes these announcements as lawful comparative advertising/fair use statements, and Staples said it purchased the Viking keyword because it sells some Viking-branded products. On that front, I did a search today and found 1 product, a 'Viking 16MB Flash 5.0V Disk.'" Via Marty.

Using Copyright to Wage Political Battles... Wired.com has an essay entitled "Evolutionists Are Wrong!" From the article: "Last week, the National Academy of Sciences, or NAS, joined with the National Science Teachers Association, or NSTA, to tell the Kansas State Board of Education that it would not grant the state copyright permission to incorporate its science education standards manuals into the state's public school science curriculum because Kansas plans to teach students that 'intelligent design' is a viable alternative theory to evolution. Kansas is scrambling to rewrite its proposal to win over the NAS and NSTA."

Sounds Like a New Defense Strategy. Just make a lot of anonymous postings about a plaintiff, and then claim that they're a public figure. Wired.com reports in "Are You a 'Public Figure'?" From the article: "Among other things, Cole said plaintiff Eliza Thomas had become a public figure because there had been 'substantial public debate' regarding her and her husband on the internet."

What About the Rest of Us? The AP reports that "U.S. Enters BlackBerry Patent Fight." From the article: "If the judge issues an injunction, iit is imperative that some mechanism be incorporated that permits continuity of the federal government's use of BlackBerry devices,' the filing said."

This Time We Really, Really, Really Mean it. Reuters reports that "Justice Dept. proposes tougher copyright laws." From the article: "The bill, outlined by U.S. Attorney General Alberto Gonzales at an anti-piracy summit, would widen intellectual-property protections to cover those who try but fail to make illicit copies of music, movies, software or other copyrighted material."

Interesting Look at Fair Use in Film. Reuters reports that "Documentary makers rally for fair use." From the article: "In their initial study, Aufderheide and Jaszi found that for many filmmakers, licensing rights has become not just an expensive proposition but also an inhibiting one. Citing dozens of examples, they contend, for instance, that the budget of Jonathan Caouette's homemade 2004 documentary 'Tarnation' ballooned from $218 to $400,000, 'using most of the eventual budget to clear rights.'"

Registration is Only $30. And it provides so many more protections... E!Online reports that "Judge Spears Britney Song Flap." From the article: "In court papers, the 34-year-old musician claimed that weeks after composing his version of 'Sometimes,' he executed a 'poor man's copyright'--that is, he sealed the song in an envelope and mailed it to himself in order to obtain a postmark."

This Raises the Question: Why is Sony's software hidden? Reuters reports that "Hackers use Sony anti-copy software to hide in PCs." From the article: "When recipients click on an attachment, they install malware, which may tear down the firewall and gives hackers access to a PC. The malware hides by using Sony software that is also hidden -- the software would have been installed on a computer when consumers played Sony's copy-protected music CDs."

Interesting Twist on a Patent Pool. Reuters reports that "Linux backers form patent-sharing firm." From the article: "Patents owned by OIN will be available without payment of royalties to any company, institution or individual that agrees not to assert its patents against others who have signed a license with OIN, when using certain Linux-related software."

Cell Phone Squabble. Reuters reports that "Qualcomm sues Nokia over patents." From the article: "Qualcomm said on Monday it wanted Nokia, the world's No. 1 mobile phone maker, to stop selling or producing products in the United States designed for GSM mobile phone networks and that it was demanding financial damages from the Finnish mobile firm."

At Least They Avoided a "Smile" Pun in the Headline. The AP reports that "No day at the beach: Love sues Wilson." From the article: "Love filed the lawsuit in federal court Thursday accusing Wilson of promoting his 2004 album, 'Smile,' in a manner that 'shamelessly misappropriated Mike Love's songs, likeness and the Beach Boys trademark, as well as the 'Smile' album itself.'"

That's Just... Wow. The Washington Post reports in "Weighing Webcasters' Rights to Content." From the article: "If television broadcasters and webcasters have their way in international treaty talks, they would gain new, 50-year rights to virtually any video they beam out, even if no one owns the rights to the content."

It's Heeeere. Reuters reports that "Google, libraries post first batch of books online." From the article: "Sidestepping lawsuits by the U.S. publishing industry that seek to derail a related effort by Google to scan copyrighted books, the company and its library partners said they will put up their first large collection of public domain works."