Are We Going to See Social Networking Patent Wars? Red Herring reports that " Friendster Wins Patent." From the article: "The new Friendster patent covers the basic steps involved in joining a social network: entering a personal description and relationships to other users, mapping relationships and degrees of separation, and connecting to others through these friends."

Gotta Be Second-Guessing That Decision. Internet.com reports that "Microsoft Loses Another Round in Excel Patent Case." From the article: "The patent, owned by inventor and businessman Armando Amado, covers linking a spreadsheet to a database. He first developed the method in 1990, then offered to license it to Microsoft in 1992 for use in Excel. Microsoft declined the offer."

Yet Another Failed Copyright Suit. E!Online reports in "Judge: 'Syriana' Isn't the Same." From the article: "The judge ruled that the two stories, though both about the CIA and oil company intrigue in the Persian Gulf, were 'obviously different' and that any overlap was coincidental. (Most likely there are enough sordid tales about the oil industry to go around.) He also said that Vergniault failed to accurately prove her claim that she had sent her script to a Canadian production company that supposedly had close ties to Warner Bros."

Seems Like the Telecoms are Duking it Out in Court The AP reports that "Verizon accuses Vonage of infringement." From the article: "Verizon charged that Vonage is infringing on at least seven of its patents regarding Internet phone service, a technology known as voice over Internet protocol, or VoIP. The patents include inventions related to gateway interfaces between a packet-switched and circuit-switched network, billing and fraud detection, call services such as call forwarding and voicemail and methods related to Wi-Fi handset use in a VoIP network, the lawsuit said."

Interesting Application of eBay. Law.com reports that "Microsoft Wins Patent Case With 'eBay' Argument." From the article: "'Z4 does not fit the traditional definition of a patent troll. It is a company that is in the market and making a product and trying to compete with Microsoft, so now it looks like every defendant can use the eBay logic against all companies, regardless of whether they're trolls or not,' McElhinny said."

Today's a Busy Day for Patent Claims... Reuters reports that "Video technology firm sues cable operators over VOD." From the article: "The Old Lyme, Connecticut-based company said it sued Time Warner Inc., Cox Communications Inc., Charter Communications Inc., and Comcast Corp., alleging the cable operators violated its patent with their video-on-demand services offered to subscribers."

Wasn't It Kinda Obvious After American Idol? E!Online reports in "'So You Think' It's a Copycat?" From the article:

Some of the supposed similarities between the Fox show and the plaintiffs' original idea listed in the lawsuit include:

It's a 60-minute show.
It recruits contestants from around the country.
A panel of professional judges--including a snarky British guy--evaluate the contestants. (That's not exactly how the complaint read, actually?)
Non-competition scenes, such as practice sessions, are woven in with the performance sequences.
The competition involves pairs dancing, as well.

Actually, it's starting to sound a lot like Dancing with the Stars.

Texas, Again. Reuters reports that "C2 files patent suit against US phone giants." From the article: "C2, a patent licensing company, said the suit. filed in a Texas court against AT&T Inc, Verizon Communications, BellSouth Corp, Qwest Communications International Inc, Sprint Nextel Corp Level 3 Communications Inc and Global Crossing Ltd."

When Partnerships Go Bad. Law.com reports on the aftermath of a named partner leaving a firm in "Lawyer's Name Not Entitled to Trademark Protection." From the article: "'The recognition of individual lawyers' names as trademarks without a strong showing of secondary meaning could hinder the creation of new law firms (since, unlike other businesses, law firms are traditionally identified by personal names and not fanciful trade names) and the ability of individuals to practice law in their chosen field without changing their names,' Shapiro wrote."

They're At it Again. Reuters reports that "Qualcomm and Nokia fight over patents again." From the article: "Qualcomm's complaint to the United States International Trade Commission asked for a ban on the import and sale of some Nokia products, which it said included technology that infringed its patents." The AP has more.

Venue Hopscotch. The Washington Post reports that "Patent Claims Over Apple's IPod Escalate." From the article:

Singapore-based Creative, the No. 2 seller of digital music players in the world, last month sued Apple in U.S. District Court in Northern California, claiming patent infringement. At the same time, the company asked the U.S. International Trade Commission to bar Apple from importing portable digital media players that Creative claims infringe on its intellectual property.

Apple filed a counterclaim in U.S. District Court for Western Wisconsin and followed that up June 1 with a claim in U.S. District Court for Eastern Texas. In its latest suit, Apple says Creative infringed a number of its patents relating to the software and systems on its mobile music player.

Of course, technically, the claim filed in Wisconsin isn't a counterclaim...

eBay's Going to be Back in Court. The AP reports that "Skype accused of patent infringement." From the article: "Net2Phone sued Skype and its parent company, eBay Inc., charging that Net2Phone has lost an unspecified amount of money as a result. Net2Phone, a unit of Newark-based IDT Corp., sued Thursday in U.S. District Court in Newark."

Does Anyone Really Expect a Different Appeals Decision? E! Online News reports in "Ludacris and Kanye's 'Stand Up' Victory." From the article: "Sachs told reporters that an expert witness he had been planning to call to dispute the idea that both songs' use of the phrase 'like that' was more than coincidental would have helped their side. Instead, U.S. District Judge Kevin Castel excluded the musical expert's testimony."

Now I Wish I Had Heard the RHCP Song... Page Six reports that "Chili Tune Called Petty Theft." From the article: "'The single 'Dani California' [currently No. 6 on the Billboard Hot 100 chart] is a huge hit - but there is a major problem,' one source claimed. 'The song has the same chord progression, melody and tempo of Petty's 'Mary Jane's Last Dance.' The song even has a similar lyrical theme.' "

So it's Not Just Modern Americans that are Litigious. Reuters reports that "Bronte rewrote "Jane Eyre" over libel threat." From the article: "According to the letters, the description upset headmaster Reverend William Carus-Wilson, who wrote to his former pupil Bronte and threatened her with legal action after recognizing himself and his school from her description of Lowood."

Interesting Twist in Residual Goodwill Case. The Sacramento Bee reports that "Dispute heats up over use of Lucky." From the article:

More than six years after stripping the Lucky name from its supermarkets -- and watching someone else use it -- Albertson's Inc. is trying to revive the brand itself.

In the latest twist to an increasingly nasty fight that began in Rocklin, a federal judge has blocked Albertson's from converting five of its stores into Lucky stores.

This Has Got to be a First. A company is actually issuing a press release to announce that it has filed trademark applications with the USPTO. From the release: "Unique Pizza and Subs Corporation a Delaware Corporation, has taken a significant step to establish its brand nationally. Trademark applications have been filed for Unique Pizza and Subs' signature line 'Anything But Ordinary.' The line appears in marketing and promotional materials being used nationwide. The line was developed as part of the Delaware Corporation's bold effort to position itself as one of the industry's most successful concepts."

Anyone Remember Whether DeBeers Was Well-Known in 1981? Rapaport News reports that "De Beers to Defend Trademark in NYC." From the article: "[The Defendant] Rosenblatt incorporated DeBeers Diamond Syndicate in the state of Delaware September 10, 1981. In December 2001 he registered nearly three dozen domain names, and filed (as a trademark) in January 2002 the words: DeBeers Diamond Syndicate."

Interesting Case. The Metropolitan News-Enterprise reports that "Tort Claims of Artist Whose Work Was Used for Lopez Song Held Preempted by Copyright Act." From the article: "However, the judge said, 'Sony obtained a license to use Laws’s recording itself. Sony was not imitating "Very Special" as Laws might have sung it. Rather, it used a portion of "Very Special" as sung by Debra Laws. … [W]e think it is clear that federal copyright law preempts a claim alleging misappropriation of one’s voice when the entirety of the allegedly misappropriated vocal performance is contained within a copyrighted medium.'"

Dish Network is Getting Hammered... TheStreet.com reports in"EchoStar Copyright Setback." From the article: "In a unanimous ruling, the three judges of the appeals court late Tuesday hammered EchoStar for its lack of compliance and "pattern" and 'practice' of 'violating the Act in everyway imaginable' and says the Copyright Act instructs that when such practices are found, a court 'shall order a permanent injunction' barring the secondary transmission by the satellite carrier. It is unclear when an injunction might be ordered."

I Certainly Hope There's More to it Than That... The AP reports that "Ludacris denies infringing song." From the article: "At issue in the trial are the words 'like that,' which Sachs said were repeated more than 80 times in each song. Ludacris testified that he believes the words are repeated fewer than 80 times in his song." Sohh.com has more on the case here.

No! Don't Take My DVR... Reuters reports that "TiVo says ruling will not affect EchoStar case." From the article: "Separately, TiVo said it has asked the U.S. District Court for the Eastern District of Texas to halt sales of EchoStar products that infringed its patent, recall its existing DVRs and disable the DVR functionality in most of the infringing units already placed with customers."

Here We Go Again. Reuters reports that "Cablevision sued over planned digital service." From the article: "The suit, filed in U.S. District Court in Manhattan, says Cablevision would run afoul of copyright law with its plan to allow subscribers to store and play back TV programs through computer servers controlled by the cable TV operator."

A New Form of Consumer Complaint? The AP reports that "U.S. Agency Re-Examines Amazon.com Patent." From the article: "The U.S. Patent and Trademark Office is re-examining Amazon.com Inc.'s patent for 'one-click' online shopping at the request of a New Zealand actor who says he's upset over slow book delivery."

Betamax 2.0? Reuters reports that "Record labels sue XM over portable device." From the article: "While the labels are asserting the device has transformed radio broadcasts into a download service, XM said the device does not allow consumers to transfer recorded content. XM also said that content recorded from radio broadcasts like XM's is not on demand, in contrast to the content people buy from online music stores like Apple Computer Inc.'s popular iTunes service." The AP has more. Full disclosure: my firm represents XM on unrelated matters.

Interesting New ITC Case. Reuters reports that "Apple suit seen hurting Creative in long run." From the article: "Creative Technology Ltd., the world's number-two MP3 player maker, whose Nomad and Zen players compete with Apple Computer Inc.'s market-leading iPod, filed patent complaints against Apple in federal court and with a U.S. trade agency on Monday." This BusinessWeek Online article from August 2005 gives more background on the patent at issue.

You Can Almost Hear the Patent Lawyers Across the Country Firing Up Their Word Processors. So how many "client updates" do you think the average company will receive? Reuters reports that "US high court sets aside eBay patent ruling." From the article:

The high court unanimously reversed an appeals court ruling in favor of MercExchange, a developer of e-commerce technology that sued eBay for patent infringement, saying an appeals court had failed to apply the proper legal test in deciding whether MercExchange should be granted an injunction barring eBay from using its technology.

However, the justices also rejected a crucial argument advanced by eBay, and embraced by a U.S. District Court that handled the case, that companies lose some of their right to an injunction if they have agreed to license out their technology or are not using it to make a product themselves.

The AP has more.

Why Companies Should Choose Their Trademarks Wisely. The AP reports that "Court allows Galileo name for satellite." From the article:

In addition, the court said that "in choosing the Galileo name to designate their brands, products and services, the plaintiff could not ignore that they were inspired by the first name of the famous Italian mathematician, physician and astronomer, one of the largest personalities in European scientific culture."

The plaintiffs "exposed themselves to the risk" of a trademark dispute, the court concluded.

Potentially Interesting Interaction with the Trademark Laws. What happens when the trademark is owned by someone that was not an original member of the band? Reuters reports that "Supremes' Wilson aims to knock out the knockoffs." From the article:

The singer wants once and for all to protect the legacies -- and livelihoods -- of the Supremes, Platters and other legendary groups from their knockoff counterparts. To date, Pennsylvania, South Carolina and North Dakota have passed into law the Truth in Music Advertising Act that Wilson promotes as chairwoman of the Vocal Group Hall of Fame's artist board.

The act stipulates that if a performer was not part of the original recording group, that person is prohibited from booking and performing concerts and club appearances under that name. Authorities can issue fines of up to $50,000.

Interesting Choice. Reuters reports that "Apple Computer wins trademark dispute vs Beatles." From the article: "The trial in the High Court's usually staid courtrooms was marked by the incongruous playing of the disco hit 'Le Freak' by the Apple Corps legal team, who were demonstrating the iTunes software for the judge." The AP has more.

The Crackberry Can't Catch a Break. CNNMoney.com reports that "RIM put on patent defensive again by Visto.": "Visto filed the suit immediately after a victory in a patent case in Texas federal court over mobile email service provider Seven Networks." Didn't Visto invest in NTP, or something along those lines?

This is Why Cybersquatting is Never Going Away. The Washington Post reports in "The Web's Million-Dollar Typos." From the article: "Jackson said he has bought 6,600 domains and uses several different ad services to earn revenue on them. "I know quite a few guys making over a million dollars a year from advertising on their domains," he said. 'It's like a 24-hour money-printing machine.'"

Given the amounts to be made off of such practices, UDRP complaints are unlikely to be a deterrent. Yet few clients are willing to spend the money to bring a lawsuit under the ACPA. I still maintain that this (as well as the Stoller situation) is ripe for the trademark owner's equivalent of a class action lawsuit.

Get Drunk With Your Favorite Bloggers. As Marty writes, a number of IP bloggers are having a happy hour during INTA. I plan to stop by for a while.

Details: Tuesday night, May 9, 9:30 - ?
BeerBistro
18 King Street East (at Yonge Street)
Toronto, Ontario M5C 1C4

(Bets on who will be first to dance on a table?)

Mystery Solved. Reuters reports that "Da Vinci judge's secret code revealed." From the article: "'The message reveals a significant but now overlooked event that occurred virtually 100 years to the day of the start of the trial,' he said in a statement."

So Who Can Figure it Out? Reuters reports in "Latest Da Vinci mystery: judge's own secret code." From the article: "He said Smith told him to look back at the first paragraphs. The italicized letters scattered throughout the judgment spell out: 'smithcodeJaeiextostpsacgreamqwfkadpmqz.'"

More Work for Copyright Lawyers. Reuters reports that "Bill seeks music royalties for satellite downloads." From the article:

"The birth of the digital music place has been a boon for businesses and consumers. However, these new technologies and business models have become so advanced that the clear lines between a listening service and a distribution service have been blurred," Feinstein said. "I believe that the PERFORM Act would help strike a balance between fostering the development of new technologies and ensuring that songwriters and performers continue to be fairly compensated for their works."

Record industry executives want so-called "parity" among the different download platforms. They argue that the new devices XM Radio is bringing to the market that allow customers to save songs on the receivers without paying for the download rip off the copyright holder.

Ugh. Some spammers have been spoofing this domain name to send out stock spam, and my inbox is filling with bounce-backs. So far, I'm having only minimal luck shutting it down (why, oh why can't mail delivery programs provide the full header information with a bounce-back?). So, if you've come here because you received a message from someone at nerdlaw.org, please know that it was not sent by me.

Here We Go Again. C-Net reports that "Congress readies broad new digital copyright bill." From the article:

For the last few years, a coalition of technology companies, academics and computer programmers has been trying to persuade Congress to scale back the Digital Millennium Copyright Act.

Now Congress is preparing to do precisely the opposite. A proposed copyright law seen by CNET News.com would expand the DMCA's restrictions on software that can bypass copy protections and grant federal police more wiretapping and enforcement powers.

Aren't Patents Territorial Like Trademarks? Reuters reports that "Top court seeks US view in Microsoft patent case." From the article: "The Supreme Court asked the Justice Department to submit its opinion on whether the court should grant a petition by Microsoft to review an appeals court ruling that held AT&T could seek royalties based on the foreign manufacture and sale of an infringing software product."

But Can They Force Me to Stay in the Room? The AP reports that "New Technology May Force TV Ad Viewing." From the article: "Philips acknowledged, however, that the anti-channel changing technology might not sit well with consumers and suggested in its patent filing that consumers be allowed to avoid the feature if they paid broadcasters a fee."

Is There Such a Thing as Frequent Defendant Miles? E!Online reports in "A 'Da Vinci' Disclaimer?." From the article:

Per the London Times, Mikhail Anikin, a Russian art historian, has accused Brown of stealing several theories contained in his 2000 book, Leonardo da Vinci: Theology in Paint. The book claims the Mona Lisa is an allegory for the Christian Church.

Anikin is giving Brown one month to formally apologize and fork over half of the profits from the bestseller, otherwise he's vowed to take legal action in both Russia and the U.S. That would be at least the third such lawsuit Brown has faced; so far, he's two-for-two.

Good News for TiVo. Reuters reports that "TiVo shares jump to 2-year high after court win." From the article: "TiVo shares vaulted in early Nasdaq trade to $9.49, their highest level since April 2004, on the first trading day after a Texas jury ruled EchoStar infringed on TiVo's patents for digital video recorders. The jury on Thursday awarded TiVo some $73 million for lost profits and reasonable royalties."

Guess Dolby Isn't a K-Fed Fan. E!Online reports that "K-Fed: Blinded with Sampling?" From the article: "Federline's latest song, 'America's Most Hated,' was recently released through the aspiring rapper's MySpace page and seems to sample Mobb Deep's 'Got It Twisted,' which in turn had (legally) sampled a riff from Dolby's smash single."

Sounds Like the Perfect Exam Question. E!Online reports in "'Smallville,' Big Stakes." Fact pattern: The copyright to the character Superman is owned by Warner Brothers. The copyright to the character Superboy, i.e., the teenaged Superman, is owned by the family of the creator (after reclamation). Warner Brothers creates a television show based on the high school and college years of Superman. Is the resulting series a derivative work of the Superman character, or the Superboy character, or both? Even more interesting question from the article: "Freiman wondered whether the Superboy copyright issue would come into play 'anytime you have a young Clark Kent--which isn't just Smallville. [It could] affect anytime you have a Clark Kent flashback.'"

And Clients Think Litigation in the U.S. is Expensive. Reuters reports that "Brown vindicated in 'Da Vinci Code' court case." From the article: "Baigent and Leigh were denied leave to appeal and face a legal bill of over 1 million pounds ($1.75 million), although an increase in sales of their own book as a result of the publicity surrounding the case may ease the pain."

I Want My FiOS. Reuters reports that "US House panel backs help for telcos on TV service." From the article: "The House Energy and Commerce subcommittee on telecommunications and the Internet voted 27-4 to allow companies to apply for a nationwide license to offer video service, instead of the current process in which they must negotiate with thousands of cities for individual licenses."

So What do You Think? The Marin Independent Journal reports that "Marin olive oil maker sues Safeway." Despite what the photo caption says, the suit involves trade dress and trademark infringement, not copyright infringement. So, what do you think?


Via Marty.

This is Patentable? Reuters reports that "Netflix may face tough fight in Blockbuster patent suit." From the article:

Netflix on Tuesday sued Blockbuster in federal court in San Francisco, seeking an injunction to stop Blockbuster from infringing on two patents that protect Netflix's business method.

The patents cover Netflix's practice of having subscribers prioritize 'queues,' or lists of titles they want to rent, on Netflix's Web site, and of automatically replacing each DVD that is returned for the next title on the subscriber's queue.

Interesting Article on Uncovering Anonymous Bloggers. Law.com discusses "How to Unmask an Anonymous Blogger." From the article: "This question is becoming increasingly important with the proliferation of blogs and Web postings for corporate criticism -- from wakeupwalmart.com to www.googlereallysucks.blogspot.com. And whether companies and their in-house counsel pursue actions against bloggers in these cases involves more than the usual assessment of opportunity costs and the pure business interests of the company. There are limits to the rights of companies to compel an Internet Service Provider (ISP) to reveal the name of its customer, particularly when the ISP customer wishes to remain anonymous. This article explores what the courts are requiring companies to show before they will call for an ISP to divulge a blogger's identity and provides some guidelines in evaluating whether to pursue such a strategy." Via Marty.

All Eyes on Texas. Reuters reports that "TiVo's future may hinge on EchoStar patent case." From the article: "Some industry observers have put TiVo's chance of victory at 70% or more and see EchoStar paying TiVo damages of $95 million-$300 million. Possibly more important for TiVo, a ruling instantly would strengthen its hand in negotiating what have been very elusive licensing deals with cable TV companies that have been selling their own less-expensive DVRs and cutting TiVo out of the loop."

So Was Google The Only One to Challenge the Subpoenas? The AP reports that "U.S. Demands Files From ISPs, Tech Firms." From the article: "InformationWeek magazine unearthed subpoenas that show the government also demanded information from at least 34 other companies, including Internet service providers such as Comcast Corp. and EarthLink Inc., security software firms and other technology companies."

More on the Apple Flap. The AP reports in "Lawyer: Apple trademark claim silly." From the article: "Attorney Anthony Grabiner said 'even a moron in a hurry' could distinguish between the computer company's iTunes online music business and a record company like Apple Corps." Reuters has more.

Watch as a Good Faith Defense Materializes Before Your Eyes... Reuters reports that "YouTube.com cracks down on copyrighted video." From the article: "The popular online video site YouTube.com, which lets users upload clips and share them with others, is blocking pirated TV and movies by limiting videos to no more than 10 minutes."

It's Unclear From the Article... but I wonder if one of the trademarks she assigned was her signature. If not, I'm not sure this ruling makes sense. Reuters reports that "Princess Diana's dressmaker loses fight over name." From the article: "In 1999, she launched a fight to get her name back after the company that bought her trademark started selling clothes under her signature. Media reports quoted her as saying she was heartbroken that people thought she had designed the garments."

Coverage of MercExchange Hearing. Law.com reports that "Justices Seem Divided Over eBay Patent Injunction Case." From the article: "One problem on the horizon for the case before the Court, noted several times by Roberts, is the fact that on review, the Patent and Trademark Office has invalidated all of MercExchange's patents involved in the case." Reuters has more.

Even More on MercExchange. The AP reports that "High Court Weighs in on EBay Patent Fight." From the article: "The case is one of several high-profile disputes that are calling attention to the nation's patent laws, which some critics - including Amazon.com, Yahoo! and Xerox Corp. - say need updating to keep up with rapidly changing technology."

How Did I Not Know About This Before Getting Dish Network? The AP reports that "Trial Over TiVo Patent Begins in Texas." From the article: "If TiVo wins [its case against Dish Network], it could collect millions in damages to boost its sagging financial performance and gain leverage to force cable operators to pay royalties for offering customers TiVo-like service. Analysts say the outcome also will affect the price of TiVo stock, which is up 38 percent so far this year." And something else I didn't know: the Rocket Docket has competition. From the article: "It was no accident that TiVo chose to file its lawsuit in an East Texas city of about 24,000 residents. The federal courts in Marshall and other East Texas cities are known for handling patent cases quickly — a boon to plaintiffs."

I Just Don't See the Likelihood of Confusion... Reuters reports that "The Beatles and Apple face off in court." From the article: "'Apple Computer can go into the recorded music business in any way they want. What they cannot do is use Apple (trade)marks to do it,' Apple Corps counsel Geoffrey Vos said in his opening presentation." The AP has more.

I Didn't Know this Case Was Still Going On. The AP reports that "It's Apple Vs. Apple in British Court." From the article: "Two legendary companies in the music industry are to meet Wednesday in a London courtroom to fight it out over what might be the world's most recognizable logo: A simple piece of fruit."

More on the MercExchange Case. Reuters reports that "High court to hear landmark eBay patent case." From the article: "The case is being closely watched to see if the high court will scale back the right of patent holders to get an injunction barring infringers from using their technologies."

More on the MercExchange Case. Reuters reports that "High court to hear landmark eBay patent case." From the article: "The case is being closely watched to see if the high court will scale back the right of patent holders to get an injunction barring infringers from using their technologies."

That's Got to be a Really Thin Copyright. USA Today reports that "Christian group backs off case against blog parody." From the article: "Exodus International initially claimed the altered image of one of its billboards by Justin Watt infringed its copyright. But Exodus is no longer pursuing the matter after Watt stopped using its 'watermark' logo, Exodus President Alan Chambers said." You can see the images at issue over at Marty's.

Seems Like a Loophole in eBay's VERO Program. If the IP holder doesn't respond to counternotices, should such notices actually count against the user? CNet reports that "'Warcraft' maker sued for blocking sales of unofficial guide." From the article: "Kopp filed counternotices protesting the infringement claims. Because the companies did not respond to the documents within 14 days, eBay was free under the DMCA to reinstate his auctions, which it did. But by November, eBay had accumulated enough takedown warnings from the companies to warrant suspending Kopp's account. He restarted his sales under a new username, which quickly earned suspension, too." Marty has links to the complaint and his thoughts on the case here.

Um, wow. The AP reports that "NSA Might Listen to Lawyer Calls." From the article: "'Because collecting foreign intelligence information without a warrant does not violate the Fourth Amendment and because the Terrorist Surveillance Program is lawful, there appears to be no legal barrier against introducing this evidence in a criminal prosecution,' the department said in responses to questions from lawmakers released Friday evening."

Cybersquatters Always Trying to Stay One Step Ahead. Wired.com reports that "Cybersquatters Try New Tactics." From the article: "These days, cybersquatters seek to register a star's domain before that person becomes famous, and then develop a business relationship with the new celebrity, offering website hosting or design work."

There is Such a Thing? The AP reports that "Jay Leno Wins Round in Photo Lawsuit." From the article: "The appeals court cited an exception to the law regarding use of photos for comedic purposes."

Is this Yahoo!'s Response to Different European Standards Regarding the Sale of Keywords? Otherwise, it doesn't really make sense... BoingBoing reports in "Yahoo: if you use our ads, you have to block non-US visitors." From the article: "When I spoke with a Yahoo rep on their Publisher Support line, they said I could block either the ads or the pages, but said over and over again that they 'couldn't and wouldn't' give me any information on how to accomplish such a task. The rep finally told me that I should just firewall or block off 'everything but the US' to keep the Yahoo ads from being seen by anyone outside the US. I'm sure their intent is to block only the ads, but they wouldn't hazard even a suggestion as to the best way to do this. Their 'solution' was basically to block off the rest of the world."

My Money's on Remand. Law.com reports that "Supreme Court Tackles Patentability of Scientific Phenomena." From the article: "'What was made by man here?' Justice Antonin Scalia asked repeatedly, referring to the Metabolite patent at issue in the case. The patent is for a test that signals serious vitamin B deficiencies in patients by measuring levels of homocysteine, an amino acid, in body fluids. But the patent also covers the basic correlation in nature between elevated levels of homocysteine and the vitamin B deficiency that makes the test effective." (Full disclosure: my firm is involved in this case.)

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?"