Somehow, I Doubt We'll be Seeing Paul McCartney Chicken in the Grocery Store. Sounds more like the typical European practice of covering a broad array of goods in the application. (Which has the potential for untold mischief in the U.S. under Medinol.) Reuters reports that "Paul McCartney seeks to register name as trademark." From the article: "In addition to vegetarian items, he is also seeking permission for the name on meat, fish, poultry and game."

Wonder Why the ALJ Decided Against an Exclusion Order... Reuters reports that "Judge does not ban phones with Qualcomm chips." From the article: "An administrative law judge on Tuesday said Qualcomm Inc. had infringed a Broadcom Corp. patent, but he stopped short of banning U.S. sales of cell phones equipped with Qualcomm chips."

MedImmune has its Day in Court. The Washington Post reports in "MedImmune Asks For Right to Sue." From the article: "'At some point, either in this case or some later case, we may have to address the question of whether or not such a provision is enforceable,' Justice Anthony M. Kennedy noted. 'If it is, we may not be talking about much. It's just going to be boilerplate in every license agreement, and that's the end of it.'"

So Where's the Trademark Usage? I predict another verdict similar to the one involving Slip 'n' Slide. E!Online reports in ""Heroes" Lawsuit Down the Drain." From the article: "Emerson, obviously concerned that the series' 14.1 million viewers last week were busy looking at the disposal brand instead of Claire the cheerleader's bloody hand, claimed in its petition that NBC Universal Television Studios didn't have the right to show the St. Louis-area company's In-Sink-Erator product and is looking to prohibit any further use by the network of the Emerson trademark."

Another One Bites the Dust. E!Online reports in "Beyonce Tunes Out Lawsuit." From the article:

Armour, a Minneapolis singer-songwriter, filed the suit in Houston last July, claiming the 25-year-old superstar stole the chart-topping single's lyrics and hooks from "Got a Little Bit of Love For You," a song Armour had written and shopped around in the months preceding the hit's release.
The suit claimed the B'Day girl got a hold of the Armour song after her former manager sent out a demo to several music biz heavyweights. Among the studio recipients were Columbia Records and Atlantic Recording Corporations, the label homes of Knowles and reggae star Sean Paul, who is featured on the track.
However, on Monday, a federal judge dismissed the lawsuit after comparing the two songs and finding that they were "substantially dissimilar."

Patent Cases in the News. Who knew so many people cared? Law.com reports that "High Court Patent Case May Have Profound Business Impact." From the article: "The high stakes are reflected by the amicus parties in the case. The Bush administration, generic drug makers, and environmental groups who believe the decision could have impact beyond the patent field, are among those supporting MedImmune. Supporters of Genentech include leading pharmaceutical and biotechnology companies, colleges and universities, and the American Intellectual Property Law Association."

So Does a Retailer Have a Duty to Investigate? CNNMoney.com reports that "Coach sues Target for $1M for allegedly selling fake bag." From the article: "Target, the No. 2 discounter after Wal-Mart, responded in the filing that it believed the bag was a genuine Coach product."

I'd be Interested to See the Ad in Question... If it's really as described, I'm surprised Miller's lawyers didn't raise a red flag. E!Online reports in "Weezer: The Beer Lawsuit." From the article: "According to the alt-rock quartet's complaint, the three ads that showed up in 2004 on the pages of Rolling Stone misappropriated the band's name and image by stating that Weezer--along with 'other bands and musical performers with whom [Weezer] do not wish to be associated in any advertisement'--endorsed Miller products."

So is that a Record... for quickest copyright infringement suit after the launch of a new network? Reuters reports that "'Game' author sues CW over similarities." From the article: "The suit, filed September 14 in U.S. District Court in Los Angeles, claims Robinson gave a manuscript of the novel to 'Game' executive producer Mara Brock Akil in 2001, when she interviewed for a writers assistant post at Kelsey Grammer's Grammnet Prods. Akil and Grammnet are named as defendants in the suit, along with CW and its owners, CBS and Warner Bros."

Interesting Limitation. Reuters reports that "Judge orders made-for-TV band to change name." From the article: "But U.S. District Judge John Houston ruled on Wednesday that his court order does not apply to the CBS network's reality show 'Rock Star: Supernova,' which concluded that night when Toronto native Lukas Rossi was plucked from obscurity to become the new band's lead singer."

So Should Stars Do Global Clearance Searches for Nicknames? E!Online reports that "Combs Must Get Riddy of Diddy." From the article: "Britain's Diddy sued the American version after the latter changed his stage name four-plus years ago. Combs, who had originally called himself Puffy, then Puff Daddy, then P. Daddy and then P. Diddy before abandoning the P altogether, was targeted in a lawsuit by his namesame across the pond, who claimed the British music market wasn't big enough for two similarly named artists. "

An Interesting One to Watch. Law.com reports in "No Happy Ending for Net Movie Renters." From the article: "Netflix argues that it has patents covering its many online features, including allowing subscribers to keep DVDs for as long as they want without incurring a late fee, obtaining new DVDs upon return of those already watched and prioritizing their own personal movie list."

Interesting New Patent Fight. The AP reports that "Patent fight rattles academic computing." From the article: "Critics say the patent claims nothing less than Blackboard's ownership of the very idea of e-learning. If allowed to stand, they say, it could quash the cooperation between academia and the private sector that has characterized e-learning for years and explains why virtual classrooms are so much better than they used to be."

That Would be Evidence that You Don't Want to Have at Trial... Law.com reports that "Bar Prep Co. Ordered to Pay $11.9M for Copying Multistate Exam Questions." From the article: "In one ad, a student is quoted as saying that 'dozens of nearly identical questions appeared on the actual exam,' and another says he 'breezed through the exam because I recognized so many of the questions from PMBR.'"

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

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

So Are We Going to See Internet Companies Opting Out of Operating in France? Reuters reports that "French firms target eBay in anti-counterfeit drive." From the article:

In addition, it is asking the French government to revise its laws on electronic commerce to make online auctioneers 'co-responsible' for the goods that are sold on their sites, Jamet said.

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

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

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

Today's Funny.

Did Their Lawyers Clear This? Counterfeit Chic reports in "Oxes Gored?" From the post: "A Baltimore punk band, Oxes, claims the kitschy clothing chain owned by Gap Inc. ripped off one of its concert fliers to use on a T-shirt sold in Old Navy stores." Hat tip Marty.

Sounds Like a Multiple-Choice Exam Question. The WSJ reports in "Law Blog Rocker of the Day: Fall Out Boy's Pete Wentz." From the article: "Wentz's father advised his son against using the song title, for fear that the group would be sued. Did the younger Wentz listen? 'No, because he was my dad. He advised me against a lot of things that I do,' he said with a playful hint of mischief in his voice. According to Wentz the Younger, the band's lawyers also told them they'd be slapped with a hefty lawsuit, and offered up a few options - they could sign a waiver; include a reference to Ruffin in the song (which somehow would shield against a lawsuit); or change the name of the song. Fall Out Boy went with the third option. Says Wentz: 'We just decided it was a good idea not to get sued.'" Hat tip Marty.

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

I've Clearly Been Out of the Loop. I just noticed this post over at Bag and Baggage. Denise's post has generated quite a large number of posts around the blogosphere, a few of which are rounded up by Dennis Kennedy here and here. Julie Fleming Brown points to a few particularly, uh, enlightening responses here. (Compare and contrast: Tom Collins' The Work/Life Balance Issue Continues to Damage the Legal Profession and Work Life Balance in Law Firms. Both spoken by a non-attorney.)

So That's Who We Have to Blame... E!Online reports in "You, Me, Dupree & Steely Dan's Wrath." From the article: "In a profanity-laced mock-angry letter posted on the band's Website, Becker and Fagen suggest that the film character of Dupree rips off their song, which tells the tale of a slacker--named Dupree, of course--who is staying on his aunt's couch and starts lusting after his cousin."

So Do You Have a Duty to Mitigate Your Own Copyright Damages? ZDNet reports that "YouTube sued over copyright infringement." From the article: "Since learning of Tur's suit, YouTube has removed his clip, the company said in its statement. Tur didn't ask that the company remove the clip prior to filing his suit, YouTube said."

Break Out the Champagne The TTAB Blog reports that TTAB Sanctions Leo Stoller: Vacates All Extensions Granted Since November 2005." From the order: "'... the exhibits from your website do not demonstrate your offering for sale any goods or services, other than the 'rental' of the marks themselves, nor do the website exhibits demonstrate the use of any of the asserted terms as trademarks. These excerpts from your website, rather than evidencing support of any purported claim for damage, reinforce the conclusion that you are holding up thousands of applications in an attempt to coerce applicants to license, i.e., 'rent,' trademarks to which you have not demonstrated any proprietary right.'"

What Is This Mysterious Thing They Call the Internet? I still don't understand why run-of-the-mill UDRP complaints are still considered newsworthy. Is it a slow news day? Reuters reports that "Goldman challenges Goldmansex.com." From the article: "Goldman Sachs last week submitted a complaint to the National Arbitration Forum (NAF) arguing the Internet domain name goldmansex.com would cause confusion and contained links to objectionable 'adult' material. The NAF mediates corporate disputes including those over Internet domain names."

So How Often Are Circuit Court Judges Accused of Conflicts? Law.com reports that "Stock Conflict Cited in 9th Circuit Judge's Trademark Rulings." From the article: "The motion to vacate the 2005 rulings in M2 Software v. Madacy Entertainment and M2 Software v. M2 Communications was filed Friday. M2 Software, which makes online billing software for Internet music downloads, alleged that Pregerson violated judicial ethics rules in failing to recuse himself from the multimillion-dollar trademark infringement suits."

Interesting. A friend sent me a link to this new game for the Nintendo DS that's set to come out in September: Phoenix Wright: Ace Attorney. Amazingly, it has mostly positive reviews. Somehow I just can't see teenagers spending hours pouring over court records...

So Sanitizing isn't Fair Use. Reuters reports that "Hollywood wins legal fight against sanitized DVDs." From the article: "Senior U.S. District Court Judge Richard Matsch came down squarely on the side of the Directors Guild of America and the major studios in his ruling that the companies must immediately cease all production, sale and rentals of edited videos. The summary judgment issued Thursday requires the companies -- Utah-based CleanFlicks, CleanFilms and Play It Clean Video, Arizona-based Family Flix USA and the separate entity CleanFlicks of Colorado -- to turn over all existing copies of their edited movies to lawyers for the studios for destruction within five days of the ruling."

Someone Clearly has too Much Time on their Hands. From Jerusalem, Israel we have Yehuda Berlinger's "Board Games and Gaming Blog." Yehuda has written the entire U.S. Copyright code in verse. A sample:

204

Copyright ownership
Is transferred in writing
And not by pinkie fingers
Or elephant biting

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.)