21
Dec/06

Wrestler v. Jay-Z Over 'Diamond Cutter' Hand Gesture


Wrestler Diamond Dallas Page is suing rapper Jay-Z and Rocwear and Roc-a-fella Records over use of a ‘diamond cutter’ hand gesture. Diamond Dallas Page v. Shawn Carter p/k/a/ Jay-Z, 2:05-cv-08475-DSF-JWJ (C.D. Cal 2006). Coverage here. Given that the complaint is not available on Pacer, we can’t evaluate some fairly novel elements here, such as the description of the mark, the manner in which defendants used the mark, and how one person using a hand gesture can be confused with another person using a hand gesture.
UPDATE: depictions of the hand gesture here.



21
Dec/06

70% Of China's Internet Bandwidth


According to this website, quoting The Economist, 70% Of China’s Internet Bandwidth is used for the transfer of pirated films. HT IP Dragon, which also notes that in China, counterfeitors are putting ‘special trademarks’ on their counterfeits, to prevent counterfeitors from copying the copies (??).



20
Dec/06

"Does Not Know Kazaa From Kazoo"


NY Lawyer (free reg req): “Piracy Suit Being Dropped Against NY Mom” (RIAA suit against ‘Internet Illiterate’ mom who ‘does not know Kazaa from kazoo”, dismissed, without prejudice).



20
Dec/06

The Weinstein/Blockbuster Deal And First-Sale Doctrine


The Weinstein Company (headed by the former heads of Miramax) have signed a deal that is characterized as allowing only Blockbuster to rent its movies. This discussion does a good job of explaining First-Sale Doctrine and why Blockbuster can’t prevent NetFlixfrom purchasing Weinstein DVDs and renting them. However, the DVDs will likely have Blockbuster’s name all over them. HT HackingNetFlix.



20
Dec/06

Prof Patry v. Bambi


Prof Patry on what he views as perhaps the worst Ninth Circuit copyright case ever, Twin Books v. Disney.



20
Dec/06

Procul Harum Organist Prevails; J.S. Bach Vows Appeal


BBC News: “Organist wins Procul Harum battle” (regarding authorship of ‘Whiter Shade Of Pale”). IPKat commentary here.



19
Dec/06

"Confiscated Assets From Narcotics Dealers" As A Selling Point


Auction house settles false advertising claim with San Mateo District Attorney’s Office – apparently the jewelry it sold at auction was not really confiscated from narcotics dealers.



19
Dec/06

Australian Linking Decision Is Not The End Of The World, Probably


On Monday, the Federal Court of Australia ruled in Cooper v. Universal Music Australia, that a website that did not itself host infringing MP3 files, but was structured to provide easy linking access to such files, was liable for copyright infringement. Australian IP expert Kimberlee Weatherall tells us that while the Cooper decision’s ‘linking is authorization of infringement’ holding is not great, the specific facts of the case may limit its applicability.



19
Dec/06

COCAINE Redux Redux


Americans For Drug-Free Youth oppose Redux Beverages’ application for COCAINE for energy drinks.



19
Dec/06

Judge Posner Among The Racoons


posner sl racoon.jpg
Stranger than fiction: the transcript of Judge Posner’s talk in SecondLife in which he fileds questions from racoons (above, far left) and is menaced by a large box, via New World Notes. Of particular interest are part III on fair use, and part IV on IP rights in online worlds.