16
May/07

Perfect 10 v Google and Amazon


Perfect 10 v. Google and Amazon, 06-55405 (9th Cir. May 16, 2007)
Summary of Perfect1o decision by John Ottaviani.

Comment by Oren Kerr on what constitutes a copy here.

Filed under: DMCA


16
May/07

Copyright In Copyright Complaint?


WSJ Law Blog: “Is It OK for Lawyers to Copy Complaints?” (SF Lawsuit copies Premiership lawsuit against YouTube)
Professor Bainbrige: “Copying Another Lawyer’s Work” (Its not a copyright issue, it’s an ethical issue).
I awiat Prof Patry’s take.



14
May/07

Help Me Write My May 22 New York Speech


I will be one of the speakers at Thomson Compumark’s IP Law Educational Forum: “Trademark Law and The Internet.” IT will be May 22, 9 AM, at Thomson Compumark’s offices on Fifth Avenue.
Trademark Law and the Internet is a big topic. It could include:
Domain name policing
International domain names
Search engine keywords
Personal jurisdiction
Policing counterfeits
Intermediary liability (i.e. eBay)
User Generated Content Issues (MySpace)
What would be useful stuff for me to talk about? Email me at marty at schwimmerlegal dot com.
UPDATE: An anonymous colleague writes that the only thing people want to discuss at the conferences he goes to is keyword advertising. True?
UPDATE 2: A different anonymous colleage writes that keywords have been done to death and that I should discuss domain-tasting. Modifying that slightly, how about a discussion of the minefield that is registrar-delete, redemption grace period and sunrise periods and that fun stuff?
UPDATE 3: I should point out that Thomson will make available a podcast of the May 22, therefore, even if you live south of 14th Street or north of 57th Street and can’t make it, you could still email me a question/issue, and hear it discussed. 98 people have signed up so far and I hope to tap into the collective wisdom in the room.



13
May/07

Uri Geller Bends DMCA With His Mind


Via Boing Boing, EFF takes on Uri Geller’s use of the DMCA.

Filed under: DMCA


13
May/07

Secondary Meaning In Color Mark Decision In Washington


Seattle Trademark Lawyer: “No Secondary Meaning for Color Mark Means No Enforceable Trademark Rights



13
May/07

Brooks v. Payless and Exeter Brands


IP and Entertainment Law Blog: ‘Brooks v. Payless ShoeSource and Exeter Brands (subsidiary of Nike), re infringement over ‘boomerang logo, text of complaint available.



12
May/07

Broadcast Law Blog


Davis Wright Tremaine: “Broadcast Law Blog



11
May/07

09 F9: Numbers Across The Water


A UK Columnist for ZD Net illustrates the “food color in the swimming pool” problem by pointing out that the DMCA is not the law in the UK and then proceeding to print the 09 F9 number.

Filed under: DMCA


11
May/07

"YouTube Caught In Malkin, EFF. UMG Crossfire"


WEbProNews: “YouTube Caught In Malkin, EFF, UMG Crossfire” (Columnist Michelle Malkin posted concert footage on YouTube as part of her criticism of performer Akon – UMG sends a DMCA notice)

Filed under: DMCA


11
May/07

Truth In Music Bill


WSJ Law Blog: “Don’t Impersonate a Soldier or Sha Na Na This Weekend” (discussing NJ Truth in Music Bill, tenth such state law “making it illegal to use the name of a famous band unless it includes at least one original member or unless management holds a trademark.”)