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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Fairly Run-of-the-Mill UDRP Decision. Reuters reports in "Lance Armstrong wins cybersquatting case." From the article: "The Lance Armstrong Foundation, a Texas-based charity set up by the American cycling champion to raise funds for cancer research, on Tuesday won the right to evict cybersquatters from websites selling LIVESTRONG bracelets."

Freeeedom! Gotta love the last day of the fiscal year.

Sony Doesn't Play Well with Others. The Big Picture has an article about Sony DRM entitled "DRM Crippled CD: A bizarre tale in 4 parts." From the article: "As a music consumer, I find this ridiculous. Why I cannot use a legally purchased CD -- because Sony is miffed at Apple for creating the 2000's version of their Walkman -- is beyond absurd. I am very, very annoyed at this." Exam question: Would this constitute copyright misuse?

This is Just too Funny. See for yourself. Via The Trademark Blog. (Which raises the question: Marty - what's up with the generic name for your blog?)

Um, Fascinating? How Appealing has this post about a recent Fed. Circuit decision. I think this says it all: "Callicrate is the owner of several patents on methods and apparatuses for castrating large animals."

Microsoft Loses One. Reuters reports that "Court won't review Microsoft patent case." From the article: "Microsoft sought review of an appeals court ruling that allows the privately held firm Eolas Technologies Inc. and the University of California to seek royalties based on the foreign manufacture and sale of an infringing software-related product." The AP has more.

Who Knew? The BBC reports in "Strawberry smell trademark denied." From the article: "The court took a different view, and smell experts found that instead of just one aroma, strawberries can in fact have up to five different, distinct scents."

Must Be a Slow News Day. TTAB filings aren't ususually fertile fodder for news copy. The AP reports in "Hershey Co. Challenges Milkdudz Name." From the article: "The double meaning may be clever, but The Hershey Co., maker of Milk Duds candy, is trying to stop a California company from using a sound-alike name for a line of clothing designed to make breast-feeding easier."

Who Greenlighted This One? The Boston Globe reports in "Name game ends up in court as two Foley law firms do battle." From the article: "Foley Hoag, the prestigious law firm whose Boston roots date to 1943, filed a trademark infringement lawsuit in federal court yesterday against Foley & Lardner, a Milwaukee firm that opened a Boston office in January. The suit contends that Foley & Lardner's rebranding of itself as, simply, 'Foley' (branding and rebranding being trendy things for law firms to do these days) has caused confusion in the marketplace."

Not My Harry, too. E!Online reports in "'Harry,' Pulp & Radiohead's Wyrd World." From the article:

According to the lawyer for the Wyrd Sisters, the band was tipped off that Goblet used the moniker back in June, when Warners offered the trio $5,000 for name rights. The band, which has been together for 15 years, refused. Warners reportedly upped the offer to $50,000. No dice.
The group then launched their lawsuit, seeking $40 million in damages from Warner Bros., as well as Cocker, Greenwood and Selway. The real Wyrds are also asking that the film be blocked from release on Nov. 18.

Helpful For Those Of Us Researching the 19th Century Social Purity Movement. Not so helpful if you're interested in anything a bit more modern. The AP reports that "Microsoft to Start Online Book Searches." From the article: "The Redmond-based software giant said Tuesday that it will sidestep hot-button copyright issues for now by initially focusing mainly on books, academic materials and other publications that are in the public domain." Reuters has an additional report in "Microsoft joins Yahoo on digital library alliance."

Guess He's Not Trying to Make Friends. Reuters reports in "Justice won't stay RIM patent ruling." From the article: "Chief Justice John Roberts rejected a motion by Research In Motion Ltd to stay a lower court's patent infringement ruling while it considers whether to hear an appeal by RIM."

More Trouble on the Horizon for Apple? The New York Times reports in "Is Imitation Flattery, Theft or Just Coincidence?" From the article: "As such, Mr. Schwartz said, 'we're going to take all the steps we need to protect our rights.'" Via The Trademark Blog (complete with new look).

Someone Finally Sides with Google. Wired.com reports that "Writers Side With Google in Scrap." From the article: "Marco said she wanted to include excerpts of her book in the search tool, but her publisher, Simon & Schuster, refused to allow it. Adam Rothberg, a spokesman for Simon & Schuster, said many of its authors do participate in Google Print's opt-in program for publishers, and didn't know why Marco's book wasn't included."

Who Says Patent Law is Boring? Salon.com reports in "Rubber match" (subscription or day pass required). From the article: "But the story doesn't end there. Four years later, PTI renewed its legal quest, this time filing suit in Illinois against Church & Dwight, the consumer products conglomerate that sells Trojan condoms, which had by then concluded a deal with Reddy to sell a third condom, the Twisted Pleasure -- a condom that has two spirals winding around the main chamber. PTI also filed suit against Intellx in Michigan in March 2005, and in August 2005 the company lodged a complaint against all the parties involved before the International Trade Commission, a federal agency with jurisdiction over anything imported into the United States. (Excluding the ITC complaint, the other cases have all been stayed, pending the outcome of a new case in New Jersey, with the same Joseph Greenaway presiding.)"

Law School Exam Question: What is a Web Site's Liability for the Ads it Carries? Just came across an ad for this product on a political blog that I won't name here. Of course, the information on the legality of Absinthe contained on this web site is incorrect, as Customs prohibits the importation of Absinthe. So what duty does the unnamed political blog have for the content of the web site being advertised on the blog's site? (I note that the ad is not supplied by Google or another service that automatically serves up ads based on the keywords located on that site. Instead, its through the BlogAds service, which claims to allow you to decide which ads appear on your web site.) Does the statement on the ad submission form that "All ads are subject to publisher's approval. If the ad is rejected, your money will be refunded via Paypal." affect the analysis?

Save the Crackberry! Surely the PTO's initial determinations should be taken into consideration when deciding whether or not to issue an injunction that would effectively shut down the Blackberry service for all non-governmental workers.... Reuters reports that "RIM ruling risks US Blackberry shutdown." From the article: "He also noted that the U.S. Patent and Trademark Office recently finished reexamining eight NTP patents and issued initial rulings rejecting 100 percent of the claims."

Now That's a Bit of an Overstatement... E!Online reports in "War of Words over Cruise Site." From the article: "'You can't use somebody's trademark, regardless of what you're saying, if you haven't been given permission,' Kobrin said."

I'd Love to See Google's Litigation Budget. Requters reports that "Publishers throw book at Google, again." From the article: "Five major publishers filed suit against Google Inc. in Manhattan's federal court on Wednesday seeking to block plans to scan copyrighted works without permission." From across the pond, the AP reports in "Google Drops 'Gmail' Name in Britain" that "Google Inc. dropped the 'Gmail' tag from the logo and new account addresses of its free e-mail service in Britain on Wednesday, bowing to the demands of a small British company that claims the U.S. giant has infringed its trademark."

And the Guy's Name is Cashier... Reuters reports that "U.S. court orders music site to change its tune." From the article: "MP3DownloadCity led consumers to believe that they would not be sued if they paid $24.95 for the tutorial with claims like 'Rest assured that File-Sharing is 100 percent legal,' the FTC charged."

So Should I Have a Contest... for people to count the number of times I violate the rules from "Weblog Usability: The Top Ten Design Mistakes" on my front page?

Start Placing Your Bets... as to how long it will take the Dr. Seuss estate to pull down this mashup of Horton Hears a Who and The Tell-Tale Heart. Via BoingBoing.

I Guess They Won't Be Filing Suit in the Ninth Circuit. What with the Barbie cases and all. Donna reports in "Danger, Wil Wheaton." From the article: "'Your Web site depicts a plush Barney toy in a violent manner or position,' Matthew Carlin wrote Tuesday on behalf of Lyons Partnership, which owns the Barney trademark. 'We are writing to request that you remove this violent content toward Barney on your Web site.' [...]"

One Wonders Whether He Has Actual Use... The New York Times reports in "He Doesn't Make Coffee, but He Controls 'Starbucks' in Russia." From the article: "Starbucks registered its trademark in Russia in 1997, but did not open any coffee shops here. In 2002 Mr. Zuykov filed to cancel the chain's trademark because it had not been used in commerce, and registered it in the name of a Moscow company he represents as a lawyer."

Wal-Mart 2.0. Copyfight reports that "Anthropologie Sues Wal-Mart for Stealing Boho Chic." From the article: "In its complaint, Anthropologie claims that Wal-Mart 'has embarked upon a conscious strategy of copying the designs of others as part of its effort to build its 'cheap chic' line.'"

Watch Out for Their Privacy Policy. There's a new blog on the block, from right down the street. Daniel J. Solove of George Washington University School of Law has started a new privacy law group blog called Concurring Opinions.

Sounds Like We Need a Telecom-Like System. Reuters reports that "Dispute leads to Internet woes for thousands." From the article: "Like other large, wholesale Internet service providers, Cogent and Level 3 handed off traffic from one network to each other free of charge, until Level 3 said that it was handling too much Cogent traffic."

Sounds Like a Good Outcome. The AP reports that "Court Rules in Favor of Anonymous Blogger." From the article: "In a 34-page opinion, the justices said a Superior Court judge should have required Smyrna town councilman Patrick Cahill to make a stronger case that he and his wife, Julia, had been defamed before ordering Comcast Cable Communications to disclose the identities of four anonymous posters to a blog site operated by Independent Newspapers Inc., publisher of the Delaware State News."

Who Files Patent Lawsuits in Kansas City? (No offense meant to those of you from Kansas City...) Reuters reports that "Sprint Nextel sues Vonage over VOIP patents." From the article: "Sprint Nextel, the third-largest U.S. wireless company, claimed Vonage and Voiceglo Holdings Inc., a unit of theglobe.com Inc. had infringed seven patents relating to voice over data packet technology developed by Sprint."

I'm Surprised Charlie Nesson Didn't Come Up With it First. The AP reports that "Online Lawsuits Fuel Debate in France." From the article: "Opponents of the government's plans have also seized on classaction.fr as evidence that a class action law would encourage the kind of 'excesses' that the United States is now trying to curb: ambulance-chasing lawyers, ruinous damages awards and spurious lawsuits used to blackmail companies into settlements."

Disturbing If True. Wired.com reports in "RIAA Takes Shotgun to Traders." From the article:

Andersen wrote to Rep. David Wu (D-Oregon) and offered to surrender her PC to the RIAA for inspection -- to no avail.
"(The RIAA) says 'We don't care enough about you that we are even going to check,'' said Lory R. Lybeck, Andersen's attorney from Lybeck Murphy of Mercer Island, Washington. "And if ... they have made a mistake, they are not going to apologize or investigate -- they are going to sue you again."

Because That's Certainly The Best Use of Our Law Enforcement Resources... Reuters reports that "Senators turning up heat on P2P pirates: "That failed to mollify Specter or Feinstein, who appeared to want her department to be much more active. 'Why not go after both levels?' Specter asked. 'Why not get tough? That's what Sen. Feinstein wants to do, and I think it's a good idea.'"