$200 Won't Cover the Filing Fees. The AP reports in "Town to Martha Stewart: Hands off our name." From the article: "The society's vote allows the trademark committee to file formal opposition to Stewart's plans, and it authorized spending $200 toward legal costs."

Looks Like Stanford's Fair Use Project Has Been Keeping Busy. Reuters reports that "James Joyce copyright case settled in California." From the article: "Carol Loeb Shloss, an acting professor of English at the California school, filed suit in June after she was forced by the estate to delete substantial portions of her book, 'Lucia Joyce: To Dance in the Wake.' It contained evidence of the younger Joyce's influence on her father's book 'Finnegans Wake.'"

ABBA Strikes Back. The AP reports that "Former ABBA members win court battle over musical script." From the article: "Seth, originally hired to write the script, argued he should be considered the main writer, but Ulvaeus and Andersson disputed the claim, saying his work was unusable and that they instead had to use a script by director Lars Rudolfsson and dramatist Jan Mark."

At Least He Didn't Tell Him it Was a Good Case. The Financial Expres reports in "Can’t tell your cokes apart? Sue someone." From the article: "The campaign is based on an oddball thought, that the executives at Coca-Cola who sell the flagship Coke Classic brand want to hire lawyers to sue their co-workers who sell Coke Zero. The grounds for the imaginary lawsuits would be 'taste infringement'—that is, it annoys the Coke Classic executives that no-calorie Coke Zero tastes so much like their sugared soft drink. In one commercial, a person identified as an actual lawyer who is not in on the joke, tells two actors portraying Coke Classic executives: 'It’ll be dismissed. You’ll be humiliated.' Other ads in the same litigious vein ask if you are 'a victim of taste confusion,' offer to help you 'sue a friend' and even assert that 'Coke Zero stole the taste of Coke.'"

Over/Unders on the Appeal? Reuters reports that "Cablevision Loses Network DVR court case." From the article: "Cablevision had hoped a network-based DVR system, called Remote Storage DVR or RS-DVR, would have done away with the need for the installation of hundreds of thousands of digital set-top boxes in subscribers' homes."

I Guess the Writer Doesn't Like the RIAA. But the information is interesting. Ars Technica reports that "Judge's decision leaves RIAA with lose-lose situation in Elektra v. Santangelo." From the article: "The case of Elektra v. Santangelo has been one of the more closely followed cases in the RIAA's crusade against suspected file sharers, due in no small part to the aggressiveness of Patti Santangelo's defense. Ray Beckerman is reporting that Judge Colleen McMahon has denied the RIAA's motion to dismiss the case without prejudice, ruling that the case must either proceed to trial or be dismissed with prejudice."

Is Anyone Surprised by this Ruling? The AP reports that "Court strikes down Internet porn law." From the article: "In the ruling, the judge said parents can protect their children through software filters and other less restrictive means that do not limit the rights of others to free speech."

I Wonder How a Fair Use Defense Would Play Here. Statesman.com reports in "Texas as a trademark." From the article: "Kalaouze’s company Kalcorp Enterprises sells T-shirts with the sayings “Mess with Texas” and “Hunt Texas” on them in College Station stores and online. Neither shirt uses UT’s stylized block lettering, said Allan Van Fleet, Kalaouze’s attorney."

Seriously?!? Journalism schools should start offering a class on Intellectual Property 101. I'm so sick of seeing this type of hyperbole. Ekklesia reports that "East African livelihoods at risk in trademark threat." From the article:

Thousands of East Africans could lose their livelihoods – and the freedom to use a word from their language – if a trademark application by a UK company succeeds, says a leading Christian development organisation.

The application, by the Kikoy Company UK Ltd, would give the company sole commercial rights to the term “kikoy” – a corruption of “kikoi”, the Kiswahili word for the distinctive colourful, wrap skirts worn by men and women along the East African coast.

(And lest you argue that this group isn't composed of real journalists, compare this with other reporting on this issue here and here.)

Why Is the PTO Issuing This, Rather Than the Copyright Office? (And why is the PTO currently advertising for a copyright advisor position?) The Register reports that "US Patent Office says P2P threatens national security." From the article: "The US Patent & Trademark Office (USPTO) has launched a stinging attack on peer-to-peer (P2P) file sharing services, publishing a report from its Office of International Relations earlier this month." You can read the report here.

It Looks Like This One Didn't Get a Thorough Quality Review Before Being Sent Out. Although the grounds for refusal appear to be spot-on. WorldNetDaily.com reports in "Feds get 'disgusting' over 'Obamanation'." From the article: "'It is a Wikipedia entry for a pretty disgusting, unorthodox sexual device,' said Cotto, struggling to find a way to politely describe what he received. 'I was at work, and my jaw dropped open. I literally screamed for my co-workers. They freaked out just as I did.'" Interestingly, if you look at the Trademark Document Retrieval system for Ser. No. 77/091,557, the Office Action is conspicuously missing (although it's attached to the March 7, 2007 response). Finally, is anyone else as shocked as I am that an office action issued against this application less than two weeks after it was filed?

Feds Crack Down on Invention Scheme. Newsday reports in "Company advertised to help patent seekers under investigation." From the article: "PTI salespeople tell inventors that the company makes money by licensing the products. But by Gumpel's own admission, the company that supposedly licenses PTI's inventions has never successfully negotiated a license agreement."

That's What You Call a Bad Fact. The Seattle Times reports in "Earthbound legal squabble leaves Duvall cafe moonstruck." From the article: "Before he opened, Snow searched the Internet for high-end chocolates, came across Moonstruck's Web site and ordered a box for a taste test, he said. He was so impressed with the quality, he said, he contacted the company about selling the chocolates in his store."

Another Argument for Recognizing Residual Goodwill. Since Life would have been presumed abandoned. Slate reports in "Attack of the Zombie Brands!" From the article: "Life, now in its third incarnation, has been similarly updated to keep pace with the times—or at least to stay just behind them. Founded in 1936, the Time, Inc. property was a great, picture-laden weekly magazine. But in 1972, having been superseded by television and other magazines, it stopped publication. The powerful brand was revived as a monthly from 1978 to 2000. But, having been superseded by television, other magazines, and the Internet, it closed again in 2000. In 2004, Life returned as a celebrity-oriented, fluffy weekly that is inserted in Sunday newspapers."

Off Topic, But Can You Imagine Poll Results Like This in the US? Reuters reports in "Most Germans want speed limit on autobahn?" From the article: "The survey also showed that 56 percent of Germans believe flights should be taxed at a higher rate because of the environmental damage they cause."

After 9/11, How Original is That, Really? Reuters reports that "New York artists sue NBC over 'Heroes' concept." From the article: "The artists said their work focused on an artist who paints the future and who specifically paints the destruction of two landmark buildings in New York City. They alleged this was 'strikingly similar' to the character of Isaac Mendez on 'Heroes,' whose paintings of the future depict an explosion in New York City."

Would the Doctrine of Equivalents Affect the Strength in the U.S.? Reuters reports in "Court: 'Oscar' may be generic term in Italian." From the article: "In denying AMPAS' motion for summary judgment, U.S. District Court Judge Audrey Collins wrote that there is no question that the Oscar mark is strong in the English language and, 'The use of 'Oscar' to describe an award or awards program is arbitrary or fanciful and deserves maximum protection. However, EchoStar has presented evidence showing that the word 'Oscar' could be considered generic in Italy and in the Italian language.'"

I Guess She Won't be Guesting on The Simpsons. The AP reports that "Carol Burnett sues over use of Charwoman." From the article: "Carol Burnett has filed a $2 million copyright infringement lawsuit against 20th Century Fox, claiming her cleaning woman character was portrayed on the animated series 'Family Guy.' The U.S. District Court lawsuit, which was filed Thursday, said the Fox show didn't have the 73-year-old comedian's permission to include her cleaning woman character, Charwoman, in an April 2006 episode." (Full disclosure: My firm represents News Corp.)

I Bet This One is Headed for an Appeal. Reuters reports that "Vonage found guilty in Verizon patent case." From the article: "The eight-member jury assessed Vonage $58 million in damages and ordered it to pay a 5.5 percent royalty rate on Vonage sales going forward."

Interesting False Advertising Case. Law.com reports in "How Sweet It Isn't: Equal, Splenda to Clash in Trial." From the article: "In a court battle between the makers of the nation's leading sugar substitutes -- Equal and Splenda -- a federal judge has ruled that a jury must decide whether Splenda is misleading consumers by claiming in its ads and on its packaging that the product is 'made from sugar so it tastes like sugar.'"

Am I Missing Something? From this description, I don't see how Ono owns a copyright in the material. The BBC reports that "Lennon documentary blocked by Ono." From the article: "The footage was shot by Ono's former husband Tony Cox and was sold in 2000 for $1m (£760,000) to Mr Thomas and his backers."

Whose Afraid of Webcasting? Certainly sounds like the RIAA is. Wired reports that "U.S. Copyright Royalty Board Rejects Webcasters, Embraces SoundExchange." From the article: "Even adding in ancillary revenues from occasional video gateway ads, banner ads on the website, and so forth, total revenues per listener-hour would only be in the 1.0 to 1.2 cents per listener-hour range. That math suggests that the royalty rate decision — for the performance alone, not even including composers' royalties! — is in the in the ballpark of 100% or more of total revenues."

WikiPatents? The Washington Post reports in "Open Call From the Patent Office." From the article: "The Patent and Trademark Office is starting a pilot project that will not only post patent applications on the Web and invite comments but also use a community rating system designed to push the most respected comments to the top of the file, for serious consideration by the agency's examiners. A first for the federal government, the system resembles the one used by Wikipedia, the popular user-created online encyclopedia."

Some Good News for Microsoft. Reuters reports that "Judge rules for Microsoft in Alcatel-Lucent suit." From the article: "U.S. District Judge Rudi Brewster in San Diego dismissed all of Alcatel-Lucent's claims in a summary judgment, meaning that the jury trial set to begin on March 19 will not take place. Alcatel-Lucent said it plans to appeal the ruling."

Sounds Like a Belated Assertion of its Rights. The Washington Post reports that "MP3 Patent Verdict Harmless To Music Fans -- For Now." From the article: "Alcatel-Lucent sued Microsoft over audio-file technology that the software giant first included in its Windows operating system in 1998 and later built into its Windows Media Player."

Interesting First Sale Case. IP Law Observer points to this recent Sixth Circuit case analyzing the first sale doctrine under trademark and copyright law.

Interesting Negotiating Strategy. The AP reports that "Cisco, Apple settle iPhone trademark lawsuit." From the article: "The companies said Wednesday they reached an agreement that will allow Apple to use the name for its sleek new multimedia device in exchange for exploring wide-ranging 'interoperability' between the companies' products in the areas of security, consumer and business communications. No other details of the agreement were released."

Somehow I Doubt the Advertisers Are Getting Their Money's Worth... The AP reports that "Entrepreneurs profit from free Web names." From the article: "The department store chain Neiman Marcus Group Inc. even filed a federal lawsuit last year accusing the registration company Dotster Inc. of tasting hundreds of names meant to lure Internet users who mistype Web addresses. At one point, the lawsuit said, the misspelled NeimuMarcus.com featured ads for Target, Nordstrom and other rivals."

Now That's Medicine I Wouldn't Mind Taking. Reuters reports in "Feeding your brain: new benefits found in chocolate." From the article: "Funded by candy maker Mars Inc., which provided a specially formulated liquid cocoa concoction for the research, the studies suggest that flavanols increase blood flow to the brain and may hold promise for treating some vascular impairments."

Much Ado About a Bear of Very Little Brain. Reuters reports that "California judge lets family keep Winnie the Pooh." From the article: "In a written order issued on Thursday, U.S. District Judge Florence-Marie Cooper granted the Slesingers' motion to dismiss the case, in which the granddaughters of Pooh author A.A. Milne and illustrator E.H. Shepard, sued to terminate the Slesingers' rights to the character and reassign them to Disney."

Are Art Prints Usually "Autographed"? Looks like Keith Urban has a pretty good claim. The AP reports that "Keith Urban files suit over Web address." From the article: "The Web site includes the statement: 'You have reached the site of Keith Urban. To those who don't know, oil painting is one of my hobbies.' It then directs viewers to a gallery of paintings and offers a limited edition of prints for sale [which prints are described as being "autographed]."

Interesting Resolution. Reuters reports that "Apple and Beatles settle trademark squabble." From the article: "The two companies said Apple Inc. would now own all the trademarks related to 'Apple' and would license certain trademarks back to Apple Corps for continued use."

It's About Time. Google Watch reports that Google Sues Leo Stoller for Racketeering. From the article: "Google's lawsuit, which comes after several years of legal wrangling with Stoller, after Stoller declared bankruptcy, and after Google was granted relief by the courts to pursue litigation, alleges that Stoller and his businesses are falsely claiming trademark rights for the purpose of harassing and attempting to extort money."

Thomas v. Scalia. That's a new one. The AP reports that "Court Rules in Favor of MedImmune."From the article: "MedImmune 'assuredly did contend that it had no obligation under the license to pay royalties on an invalid patent,' Scalia wrote. 'Promising to pay royalties on patents that have not been held invalid does not amount to a promise' not to contest the matter."

One to Watch. Reuters reports that "U.S. group sues Nokia, Samsung over Bluetooth." From the article: "A U.S. research institute has sued Nokia, Samsung Electronics and Matsushita-owned Panasonic for violating a patent for Bluetooth technology, potentially putting the free wireless standard at risk."

But Does He Care About Black People? Reuters reports that "Evel Knievel sues rapper Kanye West over video." From the article: "The lawsuit claims West, his Roc-A-Fella Records label and the video's director infringed on Knievel's trademark-protected name and likeness by depicting West as a stunt performer named 'Evel Kanyevel,' who dresses in a star-spangled, 'V'-striped white jumpsuit like the one Knievel is famous for wearing."

RIM Back In Court. Reuters reports that "RIM sues for infringement over Samsung's BlackJack." From the article: "In the suit filed December 8 in the U.S. District Court for the Central District of California, RIM alleges Samsung has decided to name one of its handheld devices the BlackJack to ride on the coattails of success enjoyed by RIM's BlackBerry line of smartphones."

Now That's a New One. The AP reports that "Andy Griffith sues Andy Griffith." From the article: "The lawsuit says the former Fenrick changed his name for the 'sole purpose of taking advantage of Griffith's notoriety in an attempt to gain votes' and asks the court to order Fenrick to go back to his original name." I must say, I can't imagine how there's any copyright infringement here, and this doesn't sound like true trademark usage...

It's All About IP. The National Journal reports on what we can expect under a Democratic Congress in "What If: Judiciary." From the article: "In the House, Rep. Howard Berman, D-Calif., would take over the chairmanship of the Judiciary Courts, the Internet and Intellectual Property Subcommittee. He would look to protect his nearby Hollywood interests by cracking down on piracy and protecting against copyright infringement of TV, music and movie productions."

Do People Still Use Palms? (And yes, that's a joke. No need for irate Treo users to write in.) InternetNews.com reports that "NTP Sues Palm Over Wireless Patents." From the article: "NTP, a Richmond, Va.-based owner of intellectual property patents concerning wireless e-mail and other technologies, filed suit alleging that the handheld devices and services Palm uses in its wireless e-mail systems infringes NTP patents in the United States."

Did their Lawyers Review the Press Release? Because language like this begs for a functionality claim. "Wenger Corp. Successful in Trade Dress Protection Lawsuit." From the release: "Because proper posture and a polished presentation are the foundations of good music rehearsal and performance, Wenger Corporation introduced its unique Posture Chair design in 1978, to comfortably support and encourage correct posture, and bring a uniform, attractive appearance to the music chair. The Wenger Posture Chairs are engineered to minimize fatigue and stand up to years of heavy use. In particular, the look and quality of the Student Posture Chair and the entire Wenger Posture Chair line are what music educators across North America have come to consider as the ‘industry standard’ for their programs for almost 30 years." HT Marty.

ARGH! Copyright is Not the Same as Trademark. CatererSearch reports that "Starbucks in copyright spat with Ethiopia." From the article: "According to charity Oxfam, the Ethiopian government last year filed copyright applications to trademark the coffee names in a move that would have increased its annual export earnings from coffee by 25%. However, the charity said that Starbucks blocked the country’s application, effectively denying it up to £47m of earnings a year."

Last Time... You Cannot Copyright a Slogan. (Ok, I'm going to stop this now.) The AP reports that "Candidate pulls endorsement letter in dispute over copyright." From the article: "A one-time national president of Western Kentucky University's Alumni Association said he will pull a political endorsement letter from nine alumni because of a dispute over using the university's registered trademark and copyrighted slogan." (Of course, if it *were* copyrighted, courts would likely consider this to be protected free speech.)

So What Material Would You Like to See Made Freely Available? PC World reports that "Wikipedia Mulls Copyright Purchase Plan." From the article: "Two weeks ago, the Wikipedia community received from Wales an e-mail called 'Dream a little...,' which asked users to send suggestions of copyright material that could be freely distributed after its purchase."

I've Never Seen Someone Interpret Filing a Patent as Being Worried About Competitiveness Before... TMCnet reports in"Apple Files iPod Patent: Fear of Competition or Exposure?" From the article: "The events that have led to the filing of a patent application still remain unknown; however it should give an indication that Apple fears its dominance in the market is threatened. This is interesting given the reasons for the iPod’s success in the first place." (While the article doesn't say this, I'm assuming they're basing the report on a patent application that has been recently published by the PTO, since I wouldn't expect Apple to issue a press release whenever they file a patent application. If I'm correct, that seems to pull the bottom out from under TMCnet's theory that the filing is a response to anticipated competitive pressure from Zune...)

Give me a Break. Sorry, but I'm firmly in Google's camp on this one, and I fully support efforts to demote sites that are nothing but link farms, even if such demotion sends the implicit message that such sites aren't worth visiting. After all, truth is a defense to a defamation claim. (Although it would be nice if Google removed link farms from its sponsored results program, as well.) Reuters reports that "Judge mulls if site demoted by Google was defamed." From the article: "KinderStart argues the site's sudden demotion in March 2005 to a 'zero' ranking in Google's search system has severely harmed its business. It seeks class action status on behalf of what is says are many other sites that have suffered the same fate as Google regularly fine-tunes its rankings."

This Ruling Has the Potential to be Quite Interesting... Reuters reports that "Cablevision sets up special litigation committee." From the article: "Cablevision, which has more than 3 million subscribers in the New York area, is involved in a dispute with several media companies including News Corp, CBS Corp, and Walt Disney Co. over its plans to launch a remote digital video recorder service. The case is to be heard on Monday at the U.S. District Court in Manhattan." (Full disclosure: News Corp and Walt Disney Co. are firm clients, and I do intellectual property work for News Corp, although I'm not involved in this case.)

This Barely Passes the Laugh Test. The AP reports that "Judge: 50 Cent no two-bit song stealer." From the article: "The lawsuit, filed by attorney Richard C. Wolfe, said 50 Cent only changed one word from the opening line of Campbell's song from 'It's Your Birthday.' After repeating the word 'go' several times, 'Sheila' becomes 'shorty' in the line, 'Go shorty, it's your birthday.'"

Supreme Court Stepping into the Patent Fray Again. Reuters reports that "Supreme Court to review Microsoft patent case." From the article: "At issue is a ruling last year which upheld a lower court decision that Microsoft was liable for infringing an AT&T patent for converting speech into computer code in copies of Windows sold overseas."

Sounds Familiar. Law.com reports that "Jimi Hendrix Steals Show at Ocean Tomo's IP Auction." From the article: "The air seemed to seep out of the room when the trademarks and brand names came up for sale. Only two of 16 lots were sold. One buyer paid $1.2 million for a group of trademarks to the term 1-800-YELLOWPAGES. Meanwhile, the term 'OTI.com,' sold by IBM, brought in a measly $15,000."

But are They as Cute as Wenty? The AP reports that "Brothers say Fox stole ‘Prison Break’ story." From the article: "“Prison Break,” in its second season, is set in contemporary time. But the Hughes brothers say they’ve noted more than 30 places, names or events that are strikingly similar to those of their manuscript."

Tables Turned on Amazon? The AP reports that "IBM sues Amazon for patent infringement." From the article: "Amazon is accused of infringing on five IBM patents, including technologies that govern how the site recommends products to customers, serves up advertising and stores data."

Not Exactly... It's a bit disingenuous to say that URRP arbitration is "mandatory." The Daytona Beach News Journal reports in "Domain woes pain in the head." From the article: "'The MyFlorida.com trademark and domain name, as well as the MyFlorida portal are all important state assets,' said Tiffany Koenigkramer from the state's Department of Management Services. She explained that, while the department's general counsel is reviewing Kolesinski's request for mediation, 'in domain disputes, similar to Mr. Kolesinksi's situation, there is a special mandatory arbitration process . . . administered by the Internet Corp. for Assigned Names and Numbers to handle such disputes.' The arbitration process is called the Uniform Domain Name Dispute Resolution Policy. Information can be found at icann.org/udrp." HT Marty.

I Can't Believe these Still Make News. Reuters reports that "Rooney latest soccer star to win cybersquat case." From the article: "Marshall, a Welsh actor and fan of Rooney's first club Everton, claimed he had recognized the young striker's 'star properties' early on. He had wanted to set up a non-commercial fan site but lost interest when Rooney moved to Manchester."

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.' "