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December 31, 2007

Copying a song you bought is "a nice way of saying 'steals just one copy'

WaPo: Record Industry Goes After Personal Use:

Whether customers may copy their CDs onto their computers -- an act at the very heart of the digital revolution -- has a murky legal foundation, the RIAA argues. The industry's own Web site says that making a personal copy of a CD that you bought legitimately may not be a legal right, but it "won't usually raise concerns," as long as you don't give away the music or lend it to anyone.

. . .

The Howell case was not the first time the industry has argued that making a personal copy from a legally purchased CD is illegal. At the Thomas trial in Minnesota, Sony BMG's chief of litigation, Jennifer Pariser, testified that "when an individual makes a copy of a song for himself, I suppose we can say he stole a song." Copying a song you bought is "a nice way of saying 'steals just one copy,' " she said.

New York Continues To Not Love Santa Barbara

NY State Dept of Economic Development v. I Love Santa Barbara (NDNY Dec 27 2007) (Appeal of TTAB decision denying NY's opposition to use of "I (Heart) Santa Barbara).

December 30, 2007

Shopdropping or Reverse Shoplifting

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NY Times: "Anarchists in the Aisles? Stores Provide a Stage":

Otherwise known as reverse shoplifting, shopdropping involves surreptitiously putting things in stores, rather than illegally taking them out, and the motivations vary.

Anti-consumerist artists slip replica products packaged with political messages onto shelves while religious proselytizers insert pamphlets between the pages of gay-and-lesbian readings at book stores.

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SHOPDROPPING is an ongoing project in which I alter the packaging of canned goods and then shopdrop the items back onto grocery store shelves. I replace the packaging with labels created using my photographs. The shopdropped works act as a series of art objects that people can purchase from the grocery store. Because the barcodes and price tags are left intact purchasing the cans before they are discovered and removed is possible. In one instance the shopdropped cans were even restocked to a new aisle based on the barcode information.

From Shopdropping.net.

Buzzfeed on ShopDropping.

December 29, 2007

"Trekkie Sues Christie's For Fraudulent Props"

Slashdot: "Trekkie Sues Christie's for Fraudulent Props":

"Christie's spokesman Rik Pike stood behind the authenticity of the auction and said the disgruntled buyer's case had no merit. The lawsuit, filed in state court in Manhattan, demands millions of dollars in punitive damages and a refund for the visor and two other items Moustakis bought at the 2006 auction."

GoDaddy Foils Web Name Hijack Scheme

Scotsman.com: "US Mogul Foils Web Name Hijack Scheme":

An American multi-millionaire has come to the rescue of a Leith businessman whose website was hijacked by a hacker.

Internet mogul Bob Parsons owns the domain registry firm GoDaddy.com which web designer David Airey used to log his own site.

December 28, 2007

Animated Testimony

CNN.COM: Court Orders Cartoon Characters To Witness Stand:


An Italian court ordered the animated bird, along with Mickey Mouse, Donald Duck and his girlfriend Daisy, to testify in a counterfeiting case.

In what lawyers believe was a clerical error worthy of a Looney Tunes cartoon, a court in Naples sent a summons to the characters ordering them to appear Friday in a trial in the southern Italian city, officials said.

Chuck Norris Cannot Charge His Cellphone By Rubbing It Against His Beard

Chuck Norris sues publisher of what might possibly be a humor book entitled "The Truth About Chuck Norris."

December 27, 2007

Lovells IP Newsletter

Many pieces worth reading in the Lovells September (sic) newsletter I received today including:

"When Does a CTM Have A Reputation in the Community" by Verena Bomhard

"New Relative Grounds System for UK Trademarks" by Anat Paz

"Stopping Comparative Advertising in the UK" by Sahira Khwaja

"Russia's Highest court Confirms H&M's Success Against Company Name Hijacker" by Natalia Gulyaeva and Konstantin Bochkarev

"UK: Procedure To Objecting to a Company Name on the Basis of Goodwill" by David Latham

"German Supreme Court Rules Lottery Device to Promote a Savings Account is Legal" by Dr morten Petersenn.

December 22, 2007

Web Company or Pharmaceutical?

Abilify? Canocal? Evista? Take the quiz.

December 21, 2007

Major League Baseball v Major League Moving

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Major League Baseball Properties v. Major League Moving and Associated Capital Services, 4:07 cv 565 (ED Texas Dec 19, 2007).

Hard to believe. Look forward to hearing how this turns out.

December 20, 2007

$200k For First Year Associates

NY Lawyer and other publications report that with bonuses, New York first year associates are getting $200k at the top firms. Figure 2000 hours per year thats $100/hr in salary. Figure you have to get three times the salary, you have to bill the first year at $300/hr. Wow.

Texas International Property Associates v. Hoerbiger

Hoerbiger sells automation and compressor equipment under the name HOERBIGER. Texas International Property Associates registered the name HORBIGER.COM and provides links relating to automation and compressor equipment. Hoerbiger brought a UDRP and in October, the panelist found for it, ordering transfer of the name. TIPA brought a suit in Texas state court requesting a stay of the transfer. The suit has now been removed to federal court (TIPA v. Hoerbiger Holdings, 3:07-cv-02099 ND Texas).

Dallas Morning News story on TIPA here.

Apple "Trade Secret" Sites To Close

The Register: "Apple Mugs Think Secret":

"Apple and Think Secret have settled their lawsuit, reaching an agreement that results in a positive solution for both sides. As part of the confidential settlement, no sources were revealed and Think Secret will no longer be published. Nick Ciarelli, Think Secret's publisher, said 'I'm pleased to have reached this amicable settlement, and will now be able to move forward with my college studies and broader journalistic pursuits.'"

December 19, 2007

Trademork.com: A Reminder That TESS Is A Public Database

Trademork.com is an anonymous blog scouring new filing in TESS for interesting new filings.

Background on disclosure in trademark filings here.

The World-Wide Tragedy of Life Plus 70

Prof Patry: "The Global Garrotting of the Public Domain"

"But for U.S. content owners, the EU reciprocity provision for term extension was merely a stalking horse for the greater prize: extending the term 20 years for U.S. works., and not just any U.S. works, but pre-existing ones, whose term would go from 75 to 95 years from publication, after already having been increased from 56 years to 75 years in 1978. It is these old act works that content industries were concerned about, not new act ones governed by life plus 50: after all, who in 1998, when term extension was passed, was worried about works whose term of protection were scheduled to expire in 2073? Who knew in 1998 what works would be worth anything in 2073? No one. But people in 1998 did have a fair idea about works created 75 years before are still be valuable. So to be clear about the purpose of term extension, it has always been about the past, not the future; it has always been about keeping pre-existing works out of the public domain and not about any alleged incentive to create new ones."

Copyright In Horse Registration Certificates

I have actually met and had a lengthy conversation with someone who practices dressage. So any way, the Tennessee Walking Horse Breeders' and Exhibitors' Association has sued the National Walking Horse Association on copyright and trademark grounds. Plaintiff issues pedigree 'registry certificates' to horse owners. Defendant has assembled a pedigree database in part by soliciting horse owners to supply their regsitry certificates from plaintiff. Plaintiff claims copyright in its certificates. Ruling: Defedant can ask horse owners to supply the information in their plaintiff certificates but Defendants may not copy the certificates themselves, or ask for such certificates by name.

Tennessee Walking Horse Breeders' and Exhibitors' Association v National Walking Horse Association
, 1:05-0088 (MD Tenn Dec 12, 2007).

Peer-to-Patent Project

LawGeek: "Should Yahoo! Be Able to Patent "Smart Drag And Drop"?

Whether "Smart Drag and Drop" can be patented is beyond the scope of this blog but readers may be interested in the Peer-to-Patent project described therein:

"The Peer-To-Patent Project is a new initiative by New York Law School's Do Tank in cooperation with the U.S. Patent Office to use open source and open knowledge techniques to help stop the deluge of bad software patents in America. The project works by posting new software patent applications that have been voluntarily submitted by their inventors and asking the public to comment on them."

Copyright Czar?

Slashdot: "U.S. to Get New IP Czar"

December 18, 2007

GIRLS GONE WILD v. GIRLS GONE WINE

I think we know where the NY Lawyer stands on this: "'Girls Gone Wild' Goon Sues 'Girls Gone Wine'"

Protection Of Foreign Famous Marks In NY

43(B)log: "If You Can Make It Anywhere, You Can Make It Here."

"The Second Circuit certified two questions to the New York Court of Appeals. That court concluded that New York does have a common-law unfair competition claim, but that doesn’t include the famous/well-known marks doctrine. Except insofar as it actually does . . ."

Pulsonic Technology Is Not A Revolution In Shaving??

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Phillips Domestic Applicances v. Braun and P&G, CV 07 CV 11290 (SDNY Dec 17 2007) (complaint on Pacer):

"Braun has been losing market share in the U.S. electric shaver business to Norelco - the brand owned by Phillips - for years . . . To reverse this trend, Braun and its new owner, P&G, needed to significantly refresh the Braun shaver line. But, because Defendants lacked any new true invention to offer consumers, Braun and P&G began to pretend that they did." (Para 1, Complaint).

This is a false advertising case filed by Phillips in the SDNY yesterday concerning Braun's advertising for its PULSONIC shaver. If Phillips allegations are correct, then a lot of comforting notions are going to fall away. For example, there's no correlation between liquid rippling and skin rippling. Also, the presence of the 'ripple' in the skin, does not in fact depress the skin, thus exposing more hair. And, sadly, both the Pulsonic and the 360 Complete produce approximately 6 Pascals of acoustical pressure, not enough to create any sort of sonic effect.

Coverage here.

The Week In Dogs

Dog correspondents Ollie and Banner point us to "What Not Wear, Canine Edition" via Counterfeit Chic.

December 14, 2007

Dilution, Liquidation, Run-off

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Designboom: "'Liquidated Logos by Zev":

"zevs is a young french artist who lives and works in paris. he doesn't typically display his work in galleries, preferring instead to use the urban environment as the canvas for his street art. he has pioneered his own style of french street art that blurs the line between vandalism and art."

"The Lotts, Lobbying and Domain Name Defense"

NY Times: "The Lotts, Lobbying and Domain Name Defense":

"A report confirming an online union between Senator Trent Lott and former Senator John Breaux — breauxlott.com — raised questions because Mr. Lott is not allowed to join the lobbyist ranks for some time and has played down the prospect."

GOT MILK v. GOT PUS

PETA is running ads to draw attention to the level of pus in milk as a result of udder infections in cows. The California Milk Processor Board is complaining.

December 13, 2007

Neologisms

This will be interesting:

Word Mark VAJAYJAY

Goods and Services beauty, hair care and personal care products

Serial Number 77337809

Filing Date November 27, 2007

Owner (APPLICANT) Twist, New.Brand.Venture

Background here.

Skullduggery

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Funeral home alleges that rival funeral home registered a domain name reflecting its name. Alpson, Inc. dba Porto Funeral Home v. East Haven Memorial Funeral Home, Inc. and James Brennan, (D Conn Dec 8 2007).

Tombstone generator here.

See Spot Allege Likelihood of Confusion

aka spot.gif


It's a snow day so I'm home with Banner and Ollie. Both dogs have been following the Chewy Vuitton and Jucy Crittoure cases with interest. Ollie, who is half border collie, brings to my attention Woof, Inc. v. The Dog Spot, 07-cv-02229-RCL (D.C. D.C. Dec 13 2007). Both parties are pet supply stores in the D.C. area. Plainitff uses A.K.A. SPOT, while defendant uses THE DOG SPOT.

Does HD Not Look Better With Cable?

TV Predictions: "DIRECTV and Cox Settle HD Lawsuit:

As part of the settlement, Cox has agreed to remove the claim that "HD looks better with cable" from its web site, according to Multichannel News.

"Danone To Challenge China Ruling"

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BBC: "Danone to Challenge China Ruling"

"French food group Danone is to appeal against a decision by a Chinese court that it no longer has any rights to the popular Wahaha beverages brand. On Monday, a Chinese arbitration commission said a trademark transfer deal signed in 1996 had expired, a ruling that Danone disputes."

December 10, 2007

More From The Canine Dilution Front

Further to our reporting on Chewy Vuitton and Juicy Critoure, on the way to work today I passed a STARBARKS grooming salon (where your pet is the star). And there was a GROOMNDALZ (changed from Groomingdale's) near my old office.

December 07, 2007

"Brand New" - Corporate and Brand Identiy Blog

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Brand New: Opinions on Corporate and Brand Identity Work (presenting opinions on brand identity and such, from UnderConsideration, a NY-based design firm.

TTAB 2007 Update

John Welch, of TTABlog: TTAB 2007 Update

Should There Be A BSA Or RIAA For Domain Names?

Interesting idea. Out-Law.com: "Business Should Fund Domain Name Police":

A technology law expert has called on the business world to set up a policing outfit to tackle cybersquatters. The call came as Dell raised the stakes in the fight against domain hoarders, demanding compensation of $1 million per name in a lawsuit.

Dell is claiming that a series of alleged cybersquatting instances constitute counterfeiting of its trade marks and is seeking damages of $1 million per domain name infringed.

John Mackenzie, an intellectual property and technology law expert at Pinsent Masons, the law firm behind OUT-LAW.COM, said that businesses should band together to tackle the multi-million dollar cybersquatting industry pro-actively.

December 06, 2007

Juicy Critoure?

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Maybe LV has a point about CHEWY VUITTON. I saw an ad in the paper for JUICY CRITOURE, some sort of product for dogs, and didn't know what to think. It seems that there really is such thing as JUICY COUTURE FOR DOGS (pictured). So what is JUICY CRITOURE? A typo? An infringement? A permissble parody?

TOP v. Fresh-Top Canister

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Seventh Circuit: Use of "Fresh-Top Canister" on canister of ZIG-ZAG tobacco not even close to confusing or dilutive of TOP brand tobacco. The fact that the word TOP appears on tobacco packaging all the time was relevant to the dilution analysis.

Top Tobacco and Republic Tobacco v. North Atlantic Operating Company and National Tobacco Company, 07-1244 (7 Circuit December 4, 2007) (Easterbrook, J.). visa AltLaw.

The guy on the Zig-Zag label is apparently a Zouave Soldier.


December 03, 2007

The Following Are Not Government Trademark Offices

Trademark applications are stored on publicly accessible databases. As a result, private entities can idnetify trademark applicants, and send them solicitations. Some of these solications are formatted to resemble official documents. While some solications may be for watching services, some request fees for listing on directories of no apparent merit.

We have accumulated this list by reviewing such solications and from 'warning' notices sent by other firms. We cannot comment on the legitimacy of any of the entities on this list but we can note that NONE OF THESE ENTITIES ARE GOVERNMENTAL ENTITIES and that NO PAYMENTS ARE REQUIRED TO THESE ENTITIES TO MAINTAIN TRADEMARK REGISTRATIONS OR PENDING APPLICATIONS.

American Trademark Agency

Company for Economic Publications Ltd. - Vienna, Austria

CPI (Company for Publications and Information Anstalt, and not be confused with Computer Packages Inc. of the U.S. and the Netherlands).

Globus Edition S.L. - Spain

INFOCOM - Switzerland

Publication et Information SARL - Liechenstein

Societe pour Global Edition KFT

TM-Collection Kft - Hungary

TMI Trademark Info Corporation - Texas

Trademark Renewal Service - Washington D.C.

U.S. Trademark Maintenance Service - Houston, TX

U.S. Trademark Protection Agency - Washington DC.

ZDR-Datenregister GmbH - Germany

If you have suggested additions to this list, please forward the questionable invoice to marty at schwimmerlegal dot com.

Counterfeit Chic: Knockoff News 73

Counterfeit Chic: Knockoff News 73