27
Nov/02

You and God Be The Judge


Jerry Falwell is suing this site at jerryfalwell.com.  At issue is whether he is a false prophet or not.



27
Nov/02

More on ROSIE and Branding for Joint Ventures


Here is an article about branding, specifically about naming magazines.  There is a quote from Gruner + Jahr about picking ROSIE for a magazine.  See my previous blurb on ROSIE.  I had made the point that when a joint venture picks a name, it has to envision the joint venture not working out, and therefore should choose a name that could still be used by either joint venturer or a third party.  OK, I said my piece.



27
Nov/02

Sensationalism Regarding Famous Marks In New Zealand


New Zealand has passed a new trademark law (NZ govt. website here).  This article indicates that there will be an explicit clause providing for the de-registration of a trademark found to have become generic, which does not quite warrant the headline “Famous Marks No LongerSafe.”  Originally via NameProtect.



27
Nov/02

Weather Report From Westchester


It’s a winter wonderland here at the Trademark Lodge.  The snow knocked out my satellite connection for a while.  Fortunately I had a cable modem installed yesterday as a back-up.  The whole family went sledding this morning, something not possible if I was still at the Manhattan mother firm.



26
Nov/02

Report from Vietnam


A first-person account of trademark piracy in Vietnam, via Dervala.  I am not sure in what sense the title “Intellectual Property Is Theft” is intended.



26
Nov/02

I've Got A Lawsuit in Kalamazoo.


Here’s a copy of a complaint filed in the Southern District of NY by the Glenn Miller Productions against Avirex, which allegedly used Glenn Miller’s name and likeness without authorization.  Via AmLaw).

If my legal assistant didn’t get the Boomtown Rats reference then there’s no way she gets the reference in this title. Glenn Miller discograhpy here.



26
Nov/02

The Copyright of Price and the Price of Copyright


ZDNet article and Forbes article on the NY Mercantile Exchange suing the Intercontinental Exchange  (ICE) for copyright infringement on the grounds that NYMEX’ settlement prices of futures contracts were copyrightable.

Two thoughts: first, I would love to see the complaint because I am interested in how a settlement price, which I assume is created by the contractual agreement of buyer and seller who are not employees of the Exchange, is a work of authorship of the Exchange (the compilation of such prices will be another story). Disclaimer – the articles on the suit are short and it is hard to ascertain precisely what ICE allegedly copied.

Second – at some point a Court is going to say that there is a public policy that for markets to function efficiently, we can’t grant far-sweeping rights in pricing data.



26
Nov/02

Our Copyrightable Prices Are Insane con't!!


More on the FatWallet DMCA takedown here via Chilling Effects and via Copyfight.  One point I haven’t seen is the possibility that an unreleased circular is protectable as confidential information.  Also, one red herring in the blawg world is the cards case.  An expert (such as a collector) estimating what the prices of collectables are in an illiquid market can be said to be exercising expertise in a way that Walmart pricing socks is not.  So I don’t see price guide cases as controlling here.



25
Nov/02

Attention Businesses in Sturgis South Dakota!!


I would be happy to discuss your rights with you re this.



25
Nov/02

UDRP Personal Name Decision


This UDRP decision regarding KevinGarnett.com  (Kevin Garnett is an extremely successful basketball player) is one of the more lucid discussions of rights in a personal name.  Mr. Garnett utilized his name in ventures off the court (a store named One on One With Kevin Garnett for example), so the panel did not have to come up with a complex “personal services as common law use” theory.