Insurance giant AXA has sued Google in France over its sale of keywords. This article does not identify which keywords are in dispute.
Second Circuit Copyright Fair Use re 'Purloined' Materials
Plaintiff provides seminars promoting its executive leadership methodology. Seminar participants received a copyrighted manual, and sign a non-dsclosure agreement. Defendants operate a website and publish materials as professional ‘de-programmers’ They obtained the manual from a former seminar customer, and published a critique, leading to published reports that plaintiff was a cult. Plaintiff sued for
Adware: What Didn't They Know and When Didn't They Know It?
Do po-up ads cause consumer confusion? Let’s say a computer user is viewing the website of Superior Morgage Broker Services, and a window appears advertising say, Vanguard Mortgage Broker Services. Whether the user is confused as to some conection between the services advertised in the main window and the identical services advertised in the pop-up
Litigation As A Company's Most Promising Growth Area
As an IP lawyer I should be cheered by this CNN.COM story about SCO and its fight against Linux (background here), however when reading this quote from an embittered SCO investor who believes:
“. . . SCO needs to hire executives with more savvy about intellectual property cases and spend less money on its Unix
Pepsi? Why Not Try A Coke?
Odd: The operator of the RUGLES.COM blog put RUNNING SHOES into Google and received the prompts depicted above, including DID YOU MEAN NIKE RUNNING SHOES and several other prompts identifying brand names.
It’s a good thing Rugles took the screen shot above because no one can reproduce the results, suggesting that Google might have been
Pert Nose, Bow Lips and Large Widely Spaced Eye Decision from 2d Circuit
Although “. . . pert noses, bow lips and large widely space eyes are standard doll features,” Ideal Toy Corp. v. Fab-Lu Ltd., 360 F.2d 1021 (2d Cir. 1966), someone’s particularized expression of pert noses, bow lips and large widely spaced eyes (such as that of the Barbie doll), may be protectable. The Court did
Pottery Barn Dis-avows Pottery Barn Rule
Responding to Colin Powell’s use of the phrase “The Pottery Barn Rule” to refer to the rule “You break it, you own it,” Williams-Sonoma, parent of Pottery Barn, has issued a press release stating that its policy is in fact to write-down breakage. I’m serious.
Update: It has been brought to my attention that
Marketing Publication' View on Google
ClickZ, a marketing website, on Google’s new trademark policy.
4th Circuit: No Public Cause of Action Under Lanham Act
Not a disputed issue but apparently one of first impression in the Fourth Circuit: consumers do not have standing to bring actions for false advertising under the Lanham Act.
Made in the USA Foundation v. Phillips Food, et. al., 03-1752 (4th Cir April 19, 2004).
Reading Other People's Mail: Canada v. BlogsCanada.ca
Cease and Desist Letter from the Department of Justice of Canada to website operator BlogsCanada.ca, alleging infringment of various IP rights of the Canadian Government. Via BNA Internet Law News.