31
Dec/03

More From Actionable Barbie


Artist’s subject is the Barbie Doll (such as the photo depicting Barbie in a blender).  Mattel sues under trademark, copyright, trade dress, etc.  Ninth Circuit ruled against Mattel on everything in this must-read decision.

Aside: Half of defendant’s revenues appear to come from sham purchases from Mattel’s investigators.

Mattel v. Walking Mountain Productions et. al., 01-56695, 01-57193 (9th Cir.  Dec. 29, 2003).

 



29
Dec/03

Text of 1-800-Contacts v. WhenU Pop-Up Ad Case


In this important decision, 1-800-Contacts v. WhenU and Vision Direct, the Southern District of New York, unlike previous courts, has enjoined WhenU’s use of pop-up/under ads.

Aside: When Wells-Fargo sued WhenU (and lost) it was stung by the fact that a related company of Wells-Fargo allegedly used the WhenU service.  Here, it appears that one of defendants, Vision Direct, had itself sued WhenU, apparently for including its own URL in WhenU’s directory.



29
Dec/03

Limitations to Keyword Targeted Advertising


From an article on Internet context-sensitive advertising in today’s NY Times (p. C 6):

One embarrassing example was the placement of ads by luggage stores on a Web page for a news article about a murderer who carried away his victims in a suitcase.



28
Dec/03

CHRISMUKKAH?


TechLawadvisor on CHRISMUKKAH..



28
Dec/03

Mythic Entertainment vs. Microsoft Mythica


Mythic Entertainment, maker of video games, is suing Microsoft over its use of MYTHICA.  Both companies use their marks for MMORPGs – massively multiplayer role playing games.  Coverage here.



28
Dec/03

Designer Babies


The Wall Street Journal reports that in the U.S. as of the year 2000, 25 girls were named Infiniti, 269 were named Chanel, 298 were named Armani, 353 were named Lexus.  22 boys were named Cartier and 273 were named Armani (one of the androgynous names, like Chris).



22
Dec/03

Does the BARBIE Doll Have German Parents?


A German toy company, Greiner and Hausser, alleges that Mattel’s BARBIE doll is based on its BILD-LILLI doll (pictured.  More pictures, including one where it resembles a disheveled Marlene Dietrich, here).  The German company litigated and settled with Mattel 40 years ago, and has brought a new action claiming royalties on every Barbie sold over the past 40 years (which would be a Big Number).  The Ninth Circuit has issued a preliminary procedural ruling regarding personal jursidiction.  The decision is a must-read for those consumed by the history of Barbie.

Mattel v. Greiner and Hausser, No. 02-56272 (9th Cir Dec 22, 2003).

 



22
Dec/03

Unless Of Course The Domain Name Company Was Prepared To Pay Interest On the Loan From The Registrant


This discussion of how the Dot Pro registry has pushed back its go-live date illustrates that registries should perhaps not be allowed to collect fees for sunrise registrations before the registry goes live.

In a somewhat analogous situation, NSI collected (to the best of my knowledge) substantial fees for “internationalized” domain names in October of 2000.  It is my understanding that those domain names did not actually resolve until 2003.



22
Dec/03

My Dog IPKat


IPKat on Eminem filing suit seeking to enjoin a previous recording of his of which he is ashamed.



22
Dec/03

Michael Bolton Sues Weil Gotshal Over Conflict of Interest


Singer Michael Bolton sues Weil Gotshal, alleging conflict of itnerest in its reprentation of him and his music publisher’s insurer, in defending against a copyright infringement suit brought against him by the Isley Borthers concerning Bolton’s song, “Love Is A Wonderful Thing.”  Via NY Lawyer.

NY State Code of Professional Responsibility here.