Back from INTA. And in trademark news, the St. Louis Post-Dispatch reports that "Nelly in trademark dispute over clothing line name." From the article: "Two Florida men, who put out two singles in the 1990s under the name Vokal, claim that Nelly began using the name Vokal after one of their songs became a modest hit. Last year, they filed suit against Nelly in Florida seeking damages for trademark infringement."

So How Many Free iPods Were Involved... The AP reports that "Eminem's Label Agrees to Settlement Over Ad." From the article: "In February 2004, Ferndale-based Eight Mile Style filed a lawsuit in U.S. District Court in Detroit against MTV, Apple, MTV's parent Viacom Inc. and advertising agency TBWA/Chiat/Day. The recording company claimed Apple used one of the rapper's hit songs in an advertisement without permission."

The ITC Seems to be Seeing More Action. Reuters reports that "Lilly files U.S. complaint over fake Cialis imports." From the article: "The U.S. International Trade Commission said on Tuesday it was investigating complaints against several Internet-based companies offering imported impotence and other drugs via mail order."

Can You List Pigeons as Inventors? Reuters reports that "Google trying to patent news ranking by quality." From the article: "The technology Google is attempting to patent may help the company choose the most reliable information sources, although some Web commentators have said it will create a bias toward mainstream news sources."

So What Exactly Do You Have to Do to Earn this Badge? BoingBoing reports on the latest Boy Scout merit badge in "Boy Scout badge in Intellectual Property." From the write-up: "'The Intellectual Property Badge Award Program will provide thousands of young people -- future leaders -- with a better understanding of the value of intellectual property and of the importance of protecting it,' Mike Ellis, senior vice president of the MPA, said in a press release."

Is 'West' More Distinctive in the EU that in the US? The AP reports that "EU to Weigh in on Westlife Trademark Case." From the article: "The German company has challenged an attempt by the Irish crooners to register the name of their group as a trademark, claiming it's too similar to its previously registered trademarks using the word 'west.'"

This Could Get Ugly. Reuters reports that "US Steps Up Pressure on China Over Copyrights." From the article: "The U.S. moves could show that China's protection of intellectual property 'fails to meet the standards of effective criminal enforcement,' and they represent an initial step in engaging China in the WTO process, said Eric Smith, president of the International Intellectual Property Alliance."

Those Counterclaims Can be a ... Internetnews.com reports that "HP, EMC End Patent Dispute." From the article: "On Sept. 30, 2002, HP sued EMC saying the storage specialist had infringed seven HP patents. EMC countersued later that day with infringement claims of its own."

More on Apple's Woes. Internetnews.com has more on Tiger Direct's lawsuit in "Lawsuit Could Cage Apple's Tiger." From the article: "Online retailer Tiger Direct filed papers Thursday asking the U.S. District Court for the District of Florida to grant Apple a restraining order and an injunction."

The Real News is that the Movie is Actually Based on History... E!Online reports that "'Kingdom' Comes to Copyright Spat." From the article: "James Reston Jr., a noted author and expert on the Crusades, is accusing the filmmakers of stealing parts of his 2001 tome, Warriors of God: Richard the Lionheart and Saladin in the Third Crusade, for the big-budget would-be blockbuster due out next week."

Another Joins the Party. Check out the new The Patry Copyright Blog.

Talk About Job Security. Just become Apple's outside litigation counsel. Macworld reports that Tiger Direct, a PC manufacturer, is suing Apple over the recently-released TIGER OS in "Macworld: News: More details emerge on TigerDirect lawsuit." Via Marty.

Like They Couldn't Get the Books Elsewhere... Just don't even know what to say. Reuters reports that "Congress Pressed to Renew Library-Search Powers." From the article: "Congress must keep U.S. libraries from becoming terrorist 'havens' by renewing legislation that allows authorities to seize library and bookstore records, Bush administration officials testified on Thursday."

Copyright in the News. The AP reports that "Wal-Mart Targets Parody Site." From the article: "Papasian launched the Web site April 16 for an art class at Carnegie Mellon University called 'Parasitic Media.' The class teaches students about the political uses of satire in the media. He acknowledged using Wal-Mart's graphics on his Web site but said he believed he could use the images as part of a parody." In other news, Reuters reports that "Bush Signs Camcorder-Piracy Bill Into Law," while the AP reports that "Students Accused of Piracy Won't Be ID'd."

Movies Get a Pass. Reuters reports that "Warner Bros. Wins Lawsuit Over 'Perfect Storm'." From the article:

Tyne's family sued shortly after the motion picture's release, claiming the company altered facts to make the movie more marketable. The family sought monetary damages under a Florida law against portraying someone in false light to promote a product or commercial enterprise.
...
"We find that defining the term 'commercial purpose' to apply to motion pictures or similar works raises a fundamental constitutional concern," Justice Charles Well wrote for the court.

Please Explain to Me What the Point of This Website Is? Reuters reports that "Calif. Lawmakers Vote to Ban Internet-Based Hunting." From the website: "Hunters may now stalk prey online at www.live-shot.com, a Web site linking firearms and cameras so customers can point, click and shoot antelope, sheep and wild hogs on a Texas ranch from thousands of miles away."

Patent News Here. Get Your Patent News Here. Howard has this report on the Federal Circuit's decision in the Merck case. BoingBoing has this post about a recent vote in the Indian parliament rejecting software patents. Copyfight has this on Congressional hearings on patent reform.

Research??? On the Internet??? Outrageous! Am I the only one who think DeLay has lost it? The AP reports that "CNN.com - DeLay criticizes Supreme Court justice ." From the article: "'And not only that, but he said in session that he does his own research on the Internet? That is just incredibly outrageous.'"

You Think They Were Trying to Make a Point... ... with their choice of defendants? The AP reports that "China Sentences U.S. Citizens for Piracy." From the article: "China has stepped up enforcement of laws against rampant bootlegging of DVDs, CDs and other intellectual property, under pressure from the United States and other trading partners. State media pointed to the case as an example of how foreigners are involved in the trade of pirated products."

Countdown to Reverse Passing Off Counterclaim. Search Engine Journal reports that "Google Files Suit Against Froogles for Trademark Infringment." From the article: "Google, after losing a battle last July to stop a shopping site from using the Froogles.com domain because it was “confusingly similar” to Google, has now filed suit against Froogles in a U.S. federal court alleging trademark infringment." Internetnews.com has more. Via Marty.

I'll Just Leave This One Alone... The AP reports in "Bush Supporter Sues RNC Over 'W' Logo." From the article: "But in early 2004, he says, a similar logo appeared on a Web site and he traced it back to the RNC. This month, Gossett's Rally Concepts LLC sued in federal court, seeking unspecified damages for copyright infringement and conspiracy."

Lesson: Be Careful Who You Pick On. The AP reports that "Mich. Court Tosses Lawsuit Against Eminem." From the article:

In the song, released on Eminem's 1999 "The Slim Shady LP," the rapper says Deangelo Bailey beat him up in a school bathroom, banging his head on a urinal and choking him.
Bailey, a sanitation worker, sued in 2001 and accused the rapper of invading his privacy by publicizing unreasonable information that put him in a false light. Bailey admitted that he picked on Mathers but said he merely 'bumped' him at school and threw a 'little shove.'

Sounds Like a Poor Customer Relations Move. Reuters reports that "Comcast Sued for Disclosing Customer Information." From the article: "But no court authorized Comcast to release names and addresses of its customers, or notified his client that her information had been given to an outside party, Lybeck said."

Coming Soon to a CD Player Near You. The AP reports that "Metromix. Rosa Parks, Rap Duo Settle Lawsuit." From the article: "OutKast, Sony BMG Music Entertainment and two of the company's units admitted no wrongdoing, but agreed to work on projects 'to enlighten today's youth about the significant role Rosa Parks played in making America a better place for all races,' Parks' guardian Dennis Archer said in a statement."

RIAA Targets Internet 2. USA Today reports in "College students face lawsuits for super speed file sharing." From the article: "The students who are being sued all attend universities that are part of the Internet2, an ultra high-speed network designed for collaborative research by 200 schools, government agencies and corporations. Internet2 speeds are estimated to be 20,000 times faster than an average broadband connection, says Internet2 CEO Douglas Van Houweling."

Patent Cases in the News. eWeek reports on a recent decision in "Court Blocks Microsoft's Chimney in Longhorn." From the article: "A preliminary injunction has been issued Tuesday against Microsoft in connection with a patent infringement case, preventing the software maker from using a networking feature in Longhorn, its upcoming operating system release." In other news, the New York Times reports that "Judge Upholds Lilly Drug Patent." From the article: "The three companies claimed that Lilly's American patent on Zyprexa was invalid because olanzapine was very similar to other compounds it had already patented, including flumezapine, a chemical that Lilly studied in the early 1980's as a potential schizophrenia medication."

This is the Most Irresponsible Thing I've Ever Heard. Senator Cornyn owes the families of those judges an apology. The Washington Post reports in "Senator Links Violence to 'Political' Decisions." From the article: "Cornyn continued: 'I don't know if there is a cause-and-effect connection, but we have seen some recent episodes of courthouse violence in this country. . . . And I wonder whether there may be some connection between the perception in some quarters, on some occasions, where judges are making political decisions yet are unaccountable to the public, that it builds up and builds up and builds up to the point where some people engage in, engage in violence. Certainly without any justification, but a concern that I have.'" < / political rant >

Google Back in Court. The AP reports in "Company Files 'Pay Per Click' Ad Lawsuit." From the article: "Lane's Gifts and Collectibles says in a Miller County lawsuit that the Internet companies charged it for advertising traffic not generated by bona fide customers. Lane's Gifts hopes to represent numerous other companies in a class-action lawsuit against the Internet companies."

This Seems to Be Out in Left Field. Law.com reports on a recent New York state ruling in "N.Y. High Court Expands Copyright Protection for Recordings." From the article: "In an unprecedented expansion of common law copyright protections, the Court of Appeals Tuesday said recording artists are shielded in perpetuity under New York standards even when their foreign copyrights have long since expired. Attorneys predicted the 7-0 ruling in Capitol Records v. Naxos of America, 30, would have a significant impact on the recording industry."

I'm Not Sure the Headline Actually Captures the Ruling. The AP has an article entitled "Court: Man Can Disparage Company on Web." Of course, that's not quite the ruling. Instead, the court merely held that there was no likelihood of confusion, and thus no trademark infringement. (And the article also contains one of my pet peeves with non-lawyer written news reports - a confusion between trademark and copyright.) From the article: "The appeals court, however, reinstated part of the lawsuit in which Bosley alleged that Kremer is violating a so-called cybersquatting law by allegedly attempting to sell the site to Bosley in exchange for removing the disparaging material."

Practice Tip: Always Have a Contract. Law.com reports that "Major Electronic Databases to Pay Freelancers in $18M Copyright Dispute." From the article: "According to court papers, it was industry practice for years for freelance authors to sell their works to publications without a written contract. Customarily, for a fee paid to the author, the author granted to the publisher the first right to publish the work in a specified edition of the newspaper or magazine, but in all other respects the author retained copyright ownership to the work."

Laziness... I'm researching this myself, but I was wondering whether anyone knew off the top of their heads whether or not a competitor can be liable for linking to a website containing defamatory/false material, if the competitor is aware of the fact that the material is false?

Supreme Court Round-Up. Law.com has articles about yesterday's oral arguments:

From "High Court Divided in Grokster Case": "But the Court was clearly divided, with several justices expressing frustration over the dearth of factual findings about the magnitude of copyright infringement in the case. The fact that the dispute was appealed only after a summary judgment ruling in favor of Grokster made it appear possible that the Court might put off a ruling by remanding it to lower courts to develop the record."

From "In Broadband Case, Justices Seem Attuned to Internet Services' Arguments": "Though the Bush administration and the cable industry made a strong argument for deference, the justices seemed surprisingly receptive to arguments by Internet services that are seeking access to cable lines in the same way that phone companies have to give access to competitors."

The AP has this report on the Grokster case. Finally, InternetNews.com reads the tea leaves here.

Round Up: Today's Oral Arguments. The AP reports in "Supreme Court Weighs in on File-Sharing." From the article: "During a lively argument, justices wondered aloud whether such lawsuits might have discouraged past inventions like copy machines, videocassette recorders and iPod portable music players — all of which can be used to make illegal duplications of copyrighted documents, movies and songs." Reuters has this report. BoingBoing has this analysis and these links. Internetnews.com reports here. C-Net weighs in here and here. You can get CNN's take here, or get the LA Times' view here. Wired has this report. SCOTUS Blog has a full account here. Copyfight has the usual complete round-up.

Clearly He Didn’t Get the Memo.
Looks like one Washington Post columnist hasn't joined either the RIAA or the Grokster bandwagons.

You can read Robert MacMillan's take on the Grokster case in "No Sympathy For the Devils ." From the article: "Ordinary people, the people who don't know the ins and outs of the case beyond the top-of-the-hour headlines on their news radio station, can be forgiven for being baffled. It's a complicated topic and both sides produce their share of smoke that gets in our eyes. But here's the gist: If you blow away that smoke, you're left with the realization that few of the debate's participants stand on firm moral ground."

More on Sony Decision. The AP reports in "Sony to Pay $90.7M in PlayStation Case." From the article: "Sony has already paid Immersion $7 million in compulsory license payments ordered by the court and will continue to do so each quarter, based on sales of infringing products, until there is a reversal or settlement."

So Who's Standing in Line for Seats? CNN/Money reports on Thursday's oral arguments in "The war over downloading." From the article: "No matter who wins, both sides acknowledge the battle over piracy will continue in the courts and on Capitol Hill. Congress so far has resisted entertainment industry pressure for a new law that would hold software and hardware makers liable when people download copyrighted material for free." Reuters has this report. You can check out international reaction to the case at Xinhuanet here, and at the Globe and Mail here.

Another High-Profile Patent Injunction Case. Reuters reports that "Sony Ordered to Halt PlayStation Sales." From the article: "Sony Corp. (6758.T) on Monday said it was ordered by a U.S. federal court to halt U.S. sales of its PlayStation game consoles and pay nearly $91 million in patent infringement damages to a California company, although the judge immediately put her ruling on hold."

Reading the Tea Leaves. Law.com reports in "Yahoo Case Tests Reach of Internet Law." From the article: "'Why does Yahoo desire to make a profit over anti-Semitism? Why do you continue to advertise if you know that they're bad?' Ferguson demanded near the end of Vanderet's turn at the podium." Reuters has more.

More on Yahoo! Case. The AP reports that "Yahoo Lawyers Ask Court for Protection." From the article: "Some of the judges acknowledged the need for a shield for American companies in such situations, but suggested it was premature in the case of Yahoo, which is challenging a fine levied by a Paris court four years ago for allowing the site's French users to buy and sell Nazi memorabilia, in violation of French law." Reuters has this report.

The Other Side to the P2P Debate. The AP reports in "File-Sharing Case Worries Indie Artists." From the article: "A number of mostly independent recording artists and labels have experimented with and embraced the freewheeling digital distribution that the Internet affords. And many worry that a victory by major recording companies in a landmark file-sharing case now before the U.S. Supreme Court could short-circuit the very technologies that they believe are making a more level playing field of the music business."

Foreign Court's Jurisdiction Challenged in Ninth Circuit. The AP reports in "Court to Hear Web Speech Censorship Case." From the article: "That First Amendment question was before the San Francisco-based 9th U.S. Circuit Court of Appeals on Thursday. The case was brought by Internet portal Yahoo Inc., which is challenging a growing multi-million-dollar fine a Paris court levied four years ago for continuing to allow the site's French users to buy and sell Nazi memorabilia." Howard has more.

Practice Tip: Don't Sue for Copyright Infringement if Your Client Admits to Giving it Away for Free. The AP reports that "Songwriter Faces Penalty Over Xzibit Case." From the article: "The 3rd U.S. Circuit Court of Appeals ruled that Lowe's legal claim was doomed from the start, even if it were true that he laid down the beats underpinning the song 'X.'"

Forget the Trademark Debate - Audi Is Coming Out with an SUV? I guess they're responding to the success of the Touareg. The AP reports that "Audi, Nissan Battle Over 'Q' Model Names." From the article:

Audi has been partial to the prefix A, with the A3, A4 and other models. But it recently announced plans to market SUVs named the Q7 and Q5 between 2006 and 2009.

That prompted Nissan to file a lawsuit in federal court Tuesday. It says Audi's use of Q "is likely to cause confusion, deception or mistake among customers."

Marty has more.

Sweden's First Movie P2P Prosecution. Reuters reports that "Internet Movie Download Case to Be Prosecuted." From the article: "In Sweden it is legal to download copyrighted movie and music files, but making them available for sharing is illegal. The legal loophole, however, is about to be closed."

More on AFP Case Against Google. The AP reports in "News Agency Sues Google, Testing Fair Use." From the article: "The lawsuit's outcome will likely hinge on whether Google can persuade the courts that Google News constitutes permissible 'fair use' of copyright material. Legal scholars say Google could argue that it adds value by significantly improving the news-consuming experience without greatly harming AFP's ability to sell its service." Marty has more.

Higher Court to Take Up Journalistic Privilege. The AP reports that "Appeal Filed in Apple Trade Secrets Suit." From the article: "On Tuesday, attorneys representing the journalists filed an appeal, as expected. They argued that the judge's ruling violated the First Amendment and that Apple should first subpoena its own employees or use sophisticated computer forensics to determine the sources of the leak before subpoenaing the journalists."

P2P Case Wrapping Up Down Under. The AP reports that "Closing Arguments Begin in Kazaa Trial." From the article: "In closing arguments Wednesday, lawyers for Sharman Networks acknowledged that some Kazaa users engage in illegal copying, but said the software's creators could not be held responsible."

All Eyes on the Supreme Court. Law.com reports in "Justices to Weigh Key Copyright Case." From the article: "Sony has kept courts out of the kind of second-guessing of the technology industry sought by MGM, said Dierdre K. Mulligan of the University of California, Berkeley, Boalt Hall School of Law. And Sony itself, she added, rejected many of the tests proposed by MGM and its amici."

I Wonder What Their Litigation Budget Is? Google is once again back in court. Reuters reports that "Agence France Presse Sues Google Over News Site." From the article: "The French news service is seeking damages of at least $17.5 million and an order barring Google News from displaying AFP photographs, news headlines or story leads, according to the suit filed on Thursday in the U.S. District Court for the District of Columbia."

Just Goes to Prove: For Every Action... Looks like the backlash has begun. Reuters reports that "Piracy Row Widens After Swedish Internet Firm Raid." From the article: "But now the investigators are being investigated. the government-owned Data Inspection Office and the telecoms sector supervisor want to see whether the Bureau broke confidentiality rules by obtaining the Internet Protocol (IP) addresses of people it suspects of illegal file sharing."

Good News: Lawyers No Longer Threatened with Crackberry Withdrawal. InternetNews.com reports that "RIM's BlackBerry Cleared For U.S. Markets." From the article: "Research In Motion (RIM) said it has reached an agreement with NTP Inc., a closely held Virginia patent holding company, to resolve all current and future patent infringement issues between the two companies. RIM was facing an injunction that would have prohibited it from selling its BlackBerry products in the United States."

Fun With SEC Filings. Reuters reports that "Overstock.com Says Received FTC Inquiry." From the article: "Online retailer Overstock.com Inc. said on Wednesday it received an inquiry from the U.S. Federal Trade Commission regarding its shipping policies and systems and other matters."

That'll Spur Settlement. Reuters reports that "EBay May Face Injunction in Patent Case." From the article: "In a wide-ranging, 30-page ruling on Wednesday, the U.S. 4th Circuit Court of Appeals found one MercExchange patent invalid but reversed a lower court's rejection of MercExchange's motion for a permanent injunction." Full disclosure: my previous firm represented MercExchange, and, if memory serves me correctly, I probably billed a few hours to the case...

Microsoft Showing a Weak Spot? Reuters reports in "Microsoft in $60 Million Settlement with Burst.com." From the article: "Microsoft has been settling outstanding antitrust claims against the company. In November, it agreed to pay Novell Inc. $536 million to settle an antitrust lawsuit."

Lawyer's Employment Program Comes to the Netherlands. The AP is reporting that "Dutch Internet Cracks Down on File-Sharing." From the article: "The providers said they will forward letters from the Brain Institute, which represents the entertainment industry in the Netherlands, warning clients that sharing copyrighted material is against the law."

I'm Detecting a Trend. Reuters reports that "Swedish Raid on ISP Called Major Blow to Piracy." From the article: "Authorities in Sweden seized four computer servers -- one reputed to be the biggest pirate server in Europe -- containing enough digital film and music content for up to 3-1/2 years of uninterrupted play, the organization said."

P2P Fight Spreads Across the Pond. Reuters reports that "British Court Forces ISPs to Reveal Music Sharers." From the article: "British music companies said on Friday they had won the right to force Internet service providers to disclose the names and addresses of individuals accused of uploading large numbers of songs onto file-sharing networks."

IM Patents in the Courts. Reuters reports that "Video Game Firm Xfire Countersues Yahoo on Patents." From the article: "Xfire also filed its own charges, alleging that Yahoo's lawsuit was an attempt to drive Xfire out of business or to force Xfire to sell or license its technology to Yahoo for far less than fair market value to settle the litigation."

Preliminary Ruling in USANext Right of Privacy Case. AmericaBlog reports that "BREAKING NEWS: Judge grants Temporary Restraining Order against USA Next in anti-gay anti-AARP ad lawsuit." From the page: "In Washington, DC today, US District Judge Reggie Walton (an appointee of President Bush (41)) granted the gay couple’s request for a Temporary Restraining Order (TRO) against USA Next. The TRO requires USA Next to cease and desist from further use of the couple's photos for any purpose."

What Took Them So Long? The AP reports that "Feds Crack Down on Software Piracy Sites." From the article: "The men pleaded guilty in U.S. District court to federal copyright charges, becoming the first people convicted in what the U.S. Justice Department said was the largest-ever investigation into software piracy. "

Microsoft Scores Partial Victory. Law.com reports that "Federal Circuit Grants Microsoft New Patent Trial." From the article: "The Federal Circuit said the district court should have allowed Microsoft to present evidence that Perry Pei-Yuan Wei, of O'Reilly and Associates, had invented a version of the Web browser in 1993, a year before UC filed a patent application on the technology, and that Wei had demonstrated the invention to engineers at Sun Microsystems. Microsoft contends that this prior art would invalidate UC's patent. Finally, the Federal Circuit agreed with the lower court that software code on a golden master disk is a component of a computer program invention."

Filings in Grokster. Reuters reports that "Anti-Piracy Case Could Harm Innovation - Groups." From the article: "Efforts to stamp out online copying of music and movies could give Hollywood a veto over new technology and stifle innovation, file-trading software companies and their supporters told the Supreme Court on Tuesday."

Now This is Surely a Sign of the Apocalypse. The AP reports that "File-Sharing Case Unites Unlikely Allies." From the article: "File-swapping services make pornography easily accessible to minors, the social conservatives submit. The entertainment companies, meanwhile, blame sharing for declining sales and lost revenue."

Time for Truth in Faxing? Law.com reports that "Ex-Ga. Governor Tackles 'Fax Case From Hell'." From the article: "Between April and November, Gillette's company, Soundzabound Music Library, has been beset with five waves of phone calls from outraged recipients of junk faxes that display her number."

Copyright Lawyers' Employment Program. Reuters reports that "Hollywood Studios File New Round of Web Lawsuits." From the article: "MPAA officials declined to say how many suits it had filed or whether the illegal copies were made by video camera taping in theaters or by copying videos or DVDs that are given away by the studios this time of year to win Oscar votes."

Have to Give Them Credit for Creative Drafting. Law.com reports that "9th Circuit: $10K 'Bet' Can't Settle E-Retailer Fight." From the article: "Both sides had asked the court to keep the issue [whether federal courts have jurisdiction over out-of-state Internet retailers] alive and included a provision in their confidential settlement agreement that said Gator.com would pay L.L. Bean $10,000 more if the panel decided in favor of the well-known outdoor apparel retailer."

Sounds Like a Story from The Mind's I. The Washington Post reports that "U.S. Denies Patent for a Too-Human Hybrid." From the article: "Officials said it was not so difficult to make the call this time because Newman's technique could easily have created something that was much more person than not. But newer methods are allowing scientists to fine-tune those percentages, putting the patent office in an awkward position of being the federal arbiter of what is human."

My First Reaction... was "Is he really stupid enough to think it would actually work?" My second reaction was "I'm not sure I'd want to broadcast the fact that I thought I needed them." Reuters reports that "Surprised Customer Says Penis Pills Don't Work." From the article: "In the latest case, filed on Jan. 21 in New Jersey state court, plaintiff Michael Coluzzi claimed he paid $59.95 for a 30-day supply of Alzare pills but 'experienced no increase in penis size,' and then was unable to collect a promised refund from manufacturer Alzare LLC of Boca Raton, Florida."

An Untapped Market? Law.com reports that "IP Specialist Shows 'Steeley' Resolve in Fighting 'Porn Squatting'." From the article: "Holly Pranger wants the world to know that 'porn squatting' is not OK. So last week the San Francisco solo sent out a press release telling people why the practice -- which entails registering a Web site under a porn star's name without authorization -- should be avoided."

Talk About Expensive Lawsuits. Law.com reports that "GlaxoSmithKline Faces Second Antitrust Suit Over Alleged 'Sham' Patent." From the article: "Antitrust claims that have already cost GlaxoSmithKline $175 million to settle are potentially even more expensive now that a federal judge in Philadelphia has green-lighted a second suit that alleges nearly identical claims."

One to Watch. The AP reports that "Yahoo Sees Small Victory in Nazi Dispute." From the article: "The 9th U.S. Circuit Court of Appeals said it would rehear some arguments in a 5-year-old lawsuit against Yahoo by two French human rights groups, which are trying to ban the sale of Nazi-related items on any Internet site viewable in France."

I missed this one. The Ireland Sunday Times reports that "Rowling fights US army over Harry Potter." From the article: "Lawyers acting for J K Rowling are heading for a legal battle with the US army over a training manual that features characters similar to those in the Harry Potter books and films." Via Marty.

I'd Be Surprised if This One Happens... Reuters reports that "U.S. Copyright Industries Seek WTO Case Against China." From the article: "In a formal filing to the U.S. Trade Representative's Office, the International Intellectual Property Alliance said the Bush administration should ask China for immediate consultations on the issue at the WTO. That would be a first step toward asking for a WTO panel to rule on whether China was meeting its commitments to stamp out piracy."

Like the Jackson Trial for the Patent Bar. Law.com reports on this week's Federal Circuit oral arguments in "Pivotal Patent Case Hits Federal Circuit." From the article: "In addition to the question of dictionary use, the judges focused on whether the description of a patent -- its so-called specification -- could limit the claims. They also touched on how much deference district judges should be given in their interpretation of patent claims."

So Is 'Rock and Roll Hall of Fame' Generic, or Merely Descriptive? I would presume that they have evidence of secondary meaning... Reuters is reporting that "Rock Hall unhappy with Jewish Web site." From the article: "The Cleveland-based museum has asked a federal judge to stop two journalists and a radio company executive from putting up a Web site called the Jewish Rock and Roll Hall of Fame, saying the site will infringe on the original's trademark name and that the public would confuse the two."

France the New IP Forum of Choice? The AP reports that "Google May Appeal Trademark Decision." From the article: "The latest Paris ruling against Google Inc. applies to all its sites, not just its French Google.fr page. Searches for 'Louis Vuitton' and 'Vuitton' conducted Monday on the main Google.com portal yielded none of the usual sponsored links to other companies."

Yet Another Way in Which Yale Beats Harvard. While I'm sure this is considered the height of disloyalty to my own law school, it's good to see that Yale had the balls to stand up to the federal government on this one. The AP reports that "Judge: Yale can block military recruiters." From the article: "A federal judge has ruled that Yale Law School can block military recruiters from campus without fear of losing federal funding."

So Now RIM has Congress and the Canadian Government on its Side. The AP reports that "Canada Steps in on Blackberry Patent Row." From the article: "In a brief filed by the Canadian Department of Justice on Jan. 13, Ottawa urged the U.S. Federal Court of Appeals in Washington, D.C., to grant a request by RIM to rehear the case before all 12 judges, saying it was concerned that the lower court decision could be 'applied in an inappropriately extraterritorial or discriminatory fashion.'"

Who Knew Trademark Filings Could Be So Interesting? Reuters reports on recent speculation in "Intel's Mystery Mark, VIIV, Sparks Intrigue." From the article: "Recent trademark filings from Intel Corp. are raising speculation that the world's largest chip maker may be preparing to create a new global brand. The question is, what does VIIV mean?"

That Must Have Been an Interesting Day in Chambers. Law.com reports that "5th Circuit Rules in Rappers' Battle Over Phrase 'Back That Ass Up'." From the article: "The appeals court disagreed with D.J. Jubilee's arguments and affirmed the jury's verdict. The jury, as instructed, likely believed that the hook in Juvenile's song was not the phrase 'back that ass up' but rather a sample from the Jackson 5's song, according to the opinion."

Welcome to the Real World. It's not every day that a motion has such a direct impact on your client's bottom line. Reuters reports that "SCO Wins Legal Round Against IBM Over Linux Code." From the article: "Shares in Lindon, Utah-based SCO were up 67 cents, or 19 percent, at $4.20 in early afternoon Nasdaq trade after a federal judge in Salt Lake City ordered International Business Machines Corp. to turn over programing code to SCO's lawyers."

A Different Kind of 'Naked' Licensing. (Don't you love lawyer humor?) The AP reports that "Nev. Brothel's Name Disputed in Lawsuit." From the article: "Rival brothel owner David Burgess sued Gilman last year in U.S. District Court in Reno over use of the Mustang Ranch name. Burgess, who renamed his Old Bridge Ranch brothel just east of Reno the Mustang Ranch in 2003, claims he's the exclusive licensee of rights in the trademark."

Are the Characters Well-Developed Enough to be Protected by Copyright? Or do you have a merger issue? The AP reports that "Dick and Jane Publisher Reportedly Sues." From the article: "Pearson Education, the publishing company that owns the copyright to the single-named stars of countless reading primers, is suing a division of Time Warner for co-opting the characters in a book called 'Yiddish With Dick and Jane,' according to The New York Times.... The parody book takes Dick and Jane into adulthood, where they're faced with problems like adultery, ailing parents and sexual orientation."

Another One Bites the Dust. And it's yet another one with which I interviewed in law school. Reuters reports that "Boston law firm Testa Hurwitz votes to dissolve."

Add Patent Infringement to the List of P2P Sins? The Washington Post reports that "Patents Pressed Against File-Sharing Networks." From the article: "Attorneys for Altnet Inc. and its parent company, Sherman Oaks, Calif.-based Brilliant Digital Entertainment Inc., sent letters to several U.S.-based file-swapping firms -- including Lime Wire LLC, BearShare operator Free Peers Inc. and Mashboxx -- claiming that the companies were using patented technology in their products. The letter doesn't explicitly threaten a lawsuit but does invite the firms to 'discuss licensing opportunities.'"

I Knew There Was a Reason I Liked IBM. Reuters reports that "IBM to Give Away 500 Patents." From the article: "U.S. patent leader IBM said late on Monday it plans to donate 500 patents for free use by software developers, marking a major shift of intellectual property strategy for the world's top computer maker and a challenge to the high-tech industry."

Is Anyone Surprised? Reuters reports that "Software makers lobby for copyright changes." From the article: "The Business Software Alliance, a lobbying group whose members include Microsoft Corp. and Apple Computer Inc., said Internet service providers like America Online should be required to reveal the names of customers who may be distributing copyright software through 'peer to peer' networks like Kazaa."

If It Sounds too Good to be True... The AP reports in "Judge: Listerine not same as flossing." From the article: "U.S. District Judge Denny Chin said in a decision made public Friday that he will order Pfizer, the maker of Listerine, to stop the advertising campaign. The lawsuit was brought by a Johnson & Johnson company that makes dental floss."

New Kid on the Block. Ronald Coleman over at the Coleman Law Firm has a new IP blog, entitled Likelihood of Confusion. Via Marty.

Apple Just Can't Catch a Break. Reuters reports that "Lawsuit Claims Apple Violates Law with iTunes." From the article: "The suit was filed on Monday in the U.S. District Court in San Jose. One antitrust expert called it a long shot, but Californian Thomas Slattery is hoping for unspecified damages for being 'forced' to buy an iPod, one of the most successful electronics products in years." And just who "forced" him to use iTunes?

Wonderful World of Copyright. Salon's Andrew Leonard has a new column about copyright policies entitled "Eyes on your copyrighted prize." Interesting tidbit: "Just before Christmas, an article published on Wired News detailed the sad story of 'Eyes on the Prize,' an award-winning documentary series about the civil rights movement in the United States. It seems that it is currently illegal to broadcast or sell new copies of the series because rights to the archival footage included in the documentary have expired. (Typically documentary filmmakers operate on very tight budgets and can buy such rights only for short periods.)"

Eighth Circuit Affirms Limitation on RIAA Subpoena Power. The AP reports that "Court Rules on Music Downloader IDs." From the article: "A second U.S. appeals court ruled Tuesday that the recording industry can't force Internet providers to identify music downloaders under a disputed copyright law." The headline and write-up of this article overstate things a bit. Subpoenas following institution of a John Doe suit are still available. Reuters has a more accurate discussion here.

IP Around the World. Reuters reports that "Poland Delays Decision on EU Software Patent Rules." From the article: "Poland, a large EU member whose backing is crucial for the adoption of the proposed rules, did not withdraw support of the planned law but said it wanted ensure the rules would not open the door to the patenting of pure computer software." Also from Reuters, "China Toughens Stance on Intellectual Property."

Apple Piles On Against P2P. Reuters reports that "Apple Sues Three for Posting Mac OS X on Net." From the article: "Apple Computer Inc. has sued three men for illegally distributing test copies of the next version of its Mac OS X operating system on a file-sharing Web site, court records showed on Tuesday."

Another One Bites the Dust. The AP reports that "Popular File-Sharing Site Shuts Down." From the article: "A note posted on Suprnova.org, which facilitated sharing among users of the BitTorrent program, said the site was 'closing down for good.' The collection of links to downloadable files, including music, movies and books, was taken down."

I Hope It's Just Poor Reporting... ... and their claim doesn't really rest on the copying of "research." The New Zealand Herald reports that "NZ author suing over Da Vinci bestseller." From the article: "But Baigent and Leigh, whose own 1982 work Holy Blood, Holy Grail caused such religious outrage when it was published that it sparked death threats, say Brown has lifted large tracts of their research without permission." Via BoingBoing.

Is This Really Even News Anymore? The AP reports that "Computer Users Sued for Swapping Music." From the article: "Recording companies filed copyright infringement lawsuits against 754 computer users Thursday, the latest round of legal action in the industry's effort to squelch unauthorized swapping of music online." Reuters has this report.

Couldn't They Have Copied a Good Show? Reuters reports that "'Wife Swap' Producers Sue Fox TV Over 'Copycat'." From the article: "Producers of the ABC reality series 'Wife Swap' sued Fox television on Wednesday for copyright infringement, accusing the rival network of ripping off their show with the 'virtually identical' Fox show 'Trading Spouses.'" The AP has this report.

Crackberries Granted Temporary Reprieve. Law.com reports that BlackBerry Maker Loses Once Again." From the article: "But the case isn't over yet. The U.S. Court of Appeals for the Federal Circuit offered Research in Motion a chance to reverse the findings of infringement [as to some of the claims]. The court said the district court had misconstrued one claim in the disputed patents. Since it was unclear whether the error prejudiced the jury and caused it to reach an infringement verdict, the appeals court said it was sending the case back to the district court to review that question."