« December 2007 | Main | February 2008 »

January 31, 2008

Remington v Remington

remington bronco.jpg

Frederic Remington was an American artist who created, among other works, sculptures of 'bronco busters.' The Frederic Remington Art Museum describes its mission as:

"to collect, exhibit, preserve and interpret the art and archives of Frederic Sackrder Remington, the renowned American artist. The Frederic Remington Ar Museum houses a comprehensive collection of original Frederic Remington bronze sculptures, paintings, and sketches as well as a broad array of the artist's personal effects and correspondence. "

The Frederic Remington Trust 1861 is alleged to be a foreign trust located in Mexico. It obtained U.S. registrations for FREDERIC REMINGTON for various goods. It enforces those trademark rights against what the Museum alleges would be otherwise lawful sales of Remington sculpture replicas. It also holds itself out as the Frederic Remington Art Museum Foundation on its website. The Museum has now sued the Trust.

Frederic Remington Art Museum and Frederic Remington Art Museum Foundation v. Gregory Dean Shideler, Frederic Remington Trust 1861, LLC, Myong Hwa Lim and Sang H. Yoo, Case Number: 7:2008cv00109 (ND NY January 29, 2008) (Complaint upon request).

An interesting TTAB decision on the use of an artist's name as a generic term that one may fairly use to describe the work of that artist, as opposed to its use as a trademark is Michael Sachs v. Cordon Art, BV, opp 95655 (TTAB July 2000).

January 30, 2008

"The Legal Tangle Of Competitive Keyword Advertising"

DM News: "The Legal Tangle of Competitive Keyword Advertising":

"ICANN Board Recommends Action on Domain Tasting"

ICANN: ICANN Board Recommends Action on Domain Tasting:

The Internet Corporation for Assigned Names and Numbers is looking to effectively end domain tasting with a proposal to start charging the annual ICANN fee on registrar domain registrations.

Domain tasting is the use of the Add Grace Period to test the profitability of a domain name registration. The AGP is a five-day period following the initial registration of a domain name when the registration may be deleted and a credit can be issued to a registrar.

"Domain tasting has been an issue for the Internet community and ICANN is offering this proposal as a way to stop tasting," said Dr Paul Twomey, ICANN’s President and CEO. "Charging the ICANN fee as soon as a domain name is registered would close the loophole used by tasters to test a domain name’s profitability for free."

January 29, 2008

Using Proxies To Slander A Sandwich?


NY Times: "Can A Sandwich Be Slandered?"

Quiznos, the toasted-sandwich chain, [invited] the public to submit homemade commercials in a contest intended to attack a top rival, Subway. The contest rules made it clear that the videos should depict Quiznos sandwiches as “superior” to Subway’s.

Subway promptly sued Quiznos and iFilm, the Web site owned by Viacom that ran the contest, saying that many of the homemade videos made false claims and depicted its brand in a derogatory way.

My Moses & Singer colleague and America's sweetheart advertising lawyer, Myka Todman, observes:

"Consumer generated content such as this blurs the distinction between commercial content created by advertisers and non-commercial content created by consumers and posted, for example, on blogs.

Because claims made by an advertiser must be substantiated, may not false or misleading and must comply with various state and federal laws, inviting consumers to create content or ads (like those at issue here) presents a host of problems when the content infringes a competitor's trademark, contains product claims, defamatory statements, etc.

Should Section 230 immunity apply in a situation such as this? How uninvolved was Quiznos really? They requested the content, set forth the guidelines, paid the creator and ran the ad. As Bill Blackburn (creator of the ad in question and an advertiser himself) said in the article, it was clear what Quiznos wanted - he simply delivered the commercial that Quiznos couldn't."

Trump Sued For $1 Billion Over Trademark Dispute In Vegas

Nights at Vegas is a property management company that will rent out condos on behalf of their owners. Among the condos it promotes are those in Trump properties in Vegas. Trump (which also markets condos on behalf of owners) sent a demand letter, alleging that NAV had misused the TRUMP trademark (and made false statements in connection with marketing the condos). NAV has sued, requesting a declaratory judgment that its use of the TRUMP mark in non-infringing, and alleging that Trump has engaged in monopolistic practices in the marketing of these condos.

Nights at Vegas v Trump et. al., 2:2008cv00122 (D Nevada Jan 26, 2008) (complaint upon request).

January 28, 2008

The Trademark Blog Is A "Top Little-Known Technology Web Site"

We made Information Week's list of the "Top 60 Little-Known Technology Web Sites." They ate:


If branding and trademarks are something you care about, Martin Schwimmer's Trademark Blog is an authoritative and fun read. Schwimmer is a lawyer specializing in trademark, copyright, and domain name law, and while not everything he writes about is technology-related, much of it is. Schwimmer's prolific at linking to trademark-related articles elsewhere on the Web. So this is a good one-stop site for staying up to date on trademark issues.

Better little-known than completely unknown. Woot woot!

The Blind Trashing The Blind

mass effect.jpg

NY Times: Author Faults a Game, and Gamers Flame Back:

What happens when the audience can talk back.

An Expert On Such Things opined on Fox News about the video game Mass Effect. She criticized the sexual content of the game and said:

“Here’s how they’re seeing women: They’re seeing them as these objects of desire, as these, you know, hot bodies. They don’t show women as being valued for anything other than their sexuality. And it’s a man in this game deciding how many women he wants to be with.”

The Expert later acknowledged that she had not actually played the game.

Fans of the game objected to this and several factual errors about the game. They went to Amazon and wrote user comments about the Expert's book. Many comment authors acknowledged that they had not read the book.

Amazon has announced that it will take down user comments by those who had not read the book.

The Expert has now seen the game played and has retracted her comments.

EA, publisher of Mass Effect, has requested an apology from Fox News.

The Babes of Fox News website.

Eyealike Anti-copyright Infringement Tool

Via TechCrunch, a mention of EYEALIKE:

" . . . a proprietary, patent-pending, visual search platform that is valuable for companies who need to effectively index, filter, manage and monetize large image collections. Eyealike functionality is targeted towards companies that have rich image based content. Our visual search solutions can be white-labeled to fit specific consumer product needs allowing the end user to improve their search results through the use of image searching."

January 26, 2008

"Write An Original Album In February Just Because You Can"

Slashdot: "Recording Music Without The Recording Industry"

The 2008 RPM Challenge — to write and record an original album in February, just because you can — is about to begin. Hundreds of musicians from around the world have already signed up. Last year, more than 850 albums were recorded as part of the challenge, a testament to what can be done by independent musicians without a label, without the RIAA, and often without a professional studio.

"Gola Kicks Globe Into Touch:

IPKat: "Gola Kicks Globe Into Touch":

J

acobson acquired the GOLA footwear brand and its associated intellectual property rights way back in 1996. Globe sold and imported footwear into the United Kingdom, including shoes known as 'Globe Finale', 'Globe Wedge' and 'Globe Motto'. Globe's shoes featured a stripe design on the sides known as the 'Globe side design' and the word 'globe'. Jacobson sued for infringement of its UK and Community registered trade marks (above, left and right) for its 'Wing Flash' logo in respect of Globe's markings on its trainers (illustrated below, right). Jacobson also alleged that Globe was passing its footwear off as its own, seeking an injunction and the destruction of the offending products. Globe counterclaimed for a declaration that Jacobson registered trade marks were invalid.

Google Takes Aim At Domain Tasting Profiteers

Information Week: Google Takes Aim At Domain Tasting Profiteers:


Google is planning to introduce a system to detect a form of domain registration abuse known as domain kiting. In so doing, the company stands to lose millions in advertising revenue, though it may gain far more in user trust and goodwill.

Registrants of Internet domains generally have a five-day grace period between the time a domain is registered and the time payment for the domain is due. This five-day period is used by domain profiteers for domain tasting -- testing the ad revenue generated at a given domain and then returning unprofitable domains -- and for domain kiting -- deleting newly registered domains within the grace period then immediately re-registering them to reset the grace period and postpone payment.

Rumor of Google's move published on Thursday.

LuLu Settles With Hulu

LocaTechWire.com: LuLu Settles Lawsuit Against Hollywod's Hulu:

Bob Young, founder and chief executive officer of Lulu, has dropped his trademark infringement lawsuit against Hulu, the Fox- and NBC-backed online video Web site.

. . .

Lulu filed suit against Hulu last fall after the Hollywood venture disclosed its name. Young felt that Hulu would create confusion in the marketplace since it is so similar to Hulu. The case immediately ran into a setback when a judge threw out the suit, saying no damage had yet occurred.

A friend of mine uses LuLu's self-publishing service. I personally used the beta version of Hulu to catch up on some old episodes of Heroes.

January 24, 2008

Trademark Art

cloaca.jpg


A cloaca is an orifice in reptiles, birds and other animals, and the name of this website.

Stop Me If You've Heard This One

Via E!Online, Jay Leno and other comedy writers settle with compiler of allegely infringing joke book.

Foxworthy v. Custom Tees, Inc. (1995 case in which 'redneck' comic Jeff Foxworthy proves unique expression in jokes.

Prof Patry on the Foxworthy case and the protection of humor.

January 23, 2008

Any Pretext For Running Photos Of Dogs

mardi paws.jpg

Mystic Krewe of Mardi Paws receives demand letter from Have A Heart Through Art, owner of registration for MARDI PAWS.

Citizens United vs Citizens United Not Timid

Washington Times: Inside Politics:


Two organizations with slightly different names are united in their opposition to Sen. Hillary Rodham Clinton's presidential campaign. And now they may be united in a trademark dispute.

Citizens United, the conservative group headed by David Bossie that just released its sixth documentary, "Hillary: The Movie," has sent a cease-and-desist letter to a so-called "527" political group organized by legendary Republican prankster Roger Stone.

You Be The TTAB

questionary-game-s.jpg

QUESTIONARY THE GAME OF SMART QUESTIONS and design, for board games vs PICTIONARY for 'equipment sold as a unit for playing a board game.' Assume the goods are legally identical and travel in the same trade channels.

Answer on Friday.

January 22, 2008

DJ Action: AIRPOD v IPOD

Apple threatens an opposition against Plaintiff's application for AIRPOD for air purifiers. Plaintiff brings declaratory judgment action against Apple arguing that AIRPOD for its products is not confusingly similar to Apple's IPOD products. The complaint does not allege that Apple threatened a civil proceeding.

BlueAir v. Apple, Inc., 08 C 427 (ND Illinois Jan 18 2008).

It is not clear whether the filing of a trademark opposition without more gives rise to a declaratory judgment action. See D. Peter Harvey and Seth I Appel, "The Declaratory Judgment Response to a Cease and Desist Letter: 'First-to-File' or 'Procedural Fencing'?," 96 TMR 639 (May-June 2006).

ESPN Relies on CDM Fanstasy League Case To Renoegiote Licensing Fees

Sports-law Blog: ESPN Relies (in part) on CDM Fantasy League Case To Renegotiate Licensing Fees:

In today's edition of Street & Smith's SportsBusiness Journal (subscription required), John Ourand and Eric Fisher report that ESPN is renegotiating its digital rights deal with MLB Advanced Media, looking to pay a significantly lower fee after finding several pieces of the original agreement it signed in 2005 no longer cost effective ("ESPN Seeks Better MLBAM Terms").

Scientologists Protest Gawker Use of Cruise Video

MediaPost: Scientologists Threaten Gawker Media With Legal Action Over Cruise Video:

WHEN A NINE-MINUTE VIDEO OF Tom Cruise touting the Church of Scientology hit the Web recently, the group quickly sent out takedown notices. Many publishers complied, but not Gawker Media's Nick Denton.

Now, the notoriously litigious Scientologists have complained to Gawker that the video was pirated, and have demanded its removal. Denton argues that posting the video constitutes a fair use. "[I]t's newsworthy, and we will not be removing it," Denton wrote on the site last week. A spokeswoman for the Church of Scientology said the group is considering taking legal action.

Clint Eastwood Says 'Cut' To Eastwood Chair

Eastwood chair.JPG

From the complaint:

. . . Defendants have been manufacturing, offering for sale . . . a line of so-called "home theater chairs" one of which is called "The Eastwood." . . . Defendants also have been manufacturing . . . "home theater chairs" named after various other living and deceased celebrities, including "The Brando," "The Cagney," "The Cooper," "The Bronson" and "The Connery."

Clint Eastwood v. Palliser Furniture, CV08-00266 (CD California Jan 16 2008).

Gorillaz has a good song named "Clint Eastwood." "High Plains Drifter" may be my favorite of his westerns. 'Bird," I think, was underrated.

You'll note that several of the movie stars listed in the complaint are dead and may wonder whether that would affect the analysis. It depends - research the term "descendability of publicity."

January 21, 2008

Read This Post And Claim Your FREE Bed Bath & Beyond Gift Card!

Allegation form the complaint:

Defendant sare engaged in an Internet marketing business of a dubious nature. In order to lure people to the Web sites of defendants and other entities, defendants blast untold numbers of unsolicited SPAM e-mails to people's e-mail accounts. These e-mail messages are sent in a way to make them falsely appear to come directly from Bed Bath& Beyond, and make illegal use of the BBB Marks.

Bed Bath & Beyond v. Jumpstart Technologies, Harding Innovations and Greg Tseng, 2:08-cv-00357-JLL-CCC (D NJ Jan 18 2008).

January 20, 2008

Debate On Copyright And Fair Use

NY Times: Bits Debate: Copyright:

Throughout the debate this week on copyright issues, the question of fair use has come up repeatedly. On Wednesday, the topic for Rick Cotton, the general Counsel of NBC Universal, and Tim Wu, the Columbia law professor, was the legal concept of fair use: how much of a copyrighted work can be included in a review or other sort of work. But in many of the comments we received all week, readers have asked about their own broader sense that when they buy a CD or movie, they purchase rights that include making copies for their personal use.

January 17, 2008

Contents of the Current Issue of The Trademark Reporter

The Trademark Reporter® homepage has links to the full text of these articles for INTA members:

A Search-Costs Theory of Limiting Doctrines in Trademark Law
By Stacey L. Dogan and Mark A. Lemley

The Trademark Dilution Revision Act of 2006: Balanced Protection for Famous Brands
By Scot A. Duvall

Literal Falsity by Necessary Implication: Presuming Deception Without Evidence in Lanham Act False Advertising Cases
By Richard J. Leighton

Sophistication and the Sciences
By Jerre B. Swann, Sr.

Patents Compared to Trademarks: The Duty of Candor/The Avoidance of Fraud
By Tamsen Valoir and Professor David Hricik

Phoenix of Broward, Inc. v. McDonald's Corporation: Judicious Application of the Doctrine of Prudential Standing, or Unjustified Abstention from the Proper Exercise of Jurisdiction?
By Griffith B. Price, Jr.

Are Identical Marks in the Same Field of Services Likely to Be Confused? Omicron Capital, LLC v. Omicron Capital, LLC
By Heather L. Jensen

An Introduction to the New Trademark Trial and Appeal Board Rules
By James R. Robinson and Kathleen E. McCarthy

Amicus Brief of the International Trademark Association in adidas AG and adidas Benelux BV v Marca Mode, C&A Nederlanden, H&M Hennes & Mauritz Nederlands BV and Vendex KBB Nederlanden BV
By Alan Drewsen

Dedication - Richard Taylor
By Mary McGrane

More Skullduggery

tombstone complaint.jpg

Funeral home disolves, funeral director may or may not have agreed to not use his name pursuant to a non-compete clause, uses his name with new funeral home, old funeral home uses his name, lawsuit.

Nieberg et al v. Nieberg Midwood Chapel Inc., 08 CV 00392 (SDNY Jan 16 2008).

Previous surname cases here.

Friend of the Blog Pam emails us to point out that the funeral home industry uses interesting slogans.

January 16, 2008

Absolutely Scrabulous?

MSNBC: "Facebook Asked To Remove 'Scrabulous'

Merriam-Webster tells us that SCRABBLE is derived from the Dutch word schrabbelen, or to scratch. HARDSCRABBLE suggests a 'hard scrape' in farming marginal land. Many U.S. dictionaries identify the board game as the first definition of the word SCRABBLE, and 'scramble' or 'scribble' as secondary definitions.

January 15, 2008

USOC v Olympic Cellars

STL: Olympic Committee Says Olympic Cellars Must Turn Away Some Customers:

The crux of the story is the USOC has demanded that the winery, which has used “Olympic” in its name for 15 years, make more explicit reference to the Olympic Peninsula on its Web site and stop selling to persons who live outside western Washington if they have not visited the winery.

Georgetown Law Event Re TTAB Practice

43(B)log: Upcoming Trademark Event At Georgetown.

Boing Boing: Car Owners Are Pirates If They Distribute Pictures Of Their Own Cars

Boing Boing: Car Owners Are Pirates If They Distribute Pictures Of Their Own Cars:

"The folks at BMC (Black Mustang Club) automotive forum wanted to put together a calendar featuring members' cars, and print it through CafePress. Photos were submitted, the layout was set, and... CafePress notifies the site admin that pictures of Ford cars cannot be printed. Not just Ford logos, not just Mustang logos, the car -as a whole- is a Ford trademark and its image can't be reproduced without permission. So even though Ford has a lineup of enthusiasts who want to show off their Ford cars, the company is bent on alienating them. 'Them' being some of the most loyal owners and future buyers that they have. Or rather, that they had, because many have decided that they will not be doing business with Ford again if this matter isn't resolved."

January 13, 2008

Look, It's About Driving Traffic

wonder woman.jpg

Connection between the Wonder Woman character and Playboy's content discussed here. More reaction here.

Any excuse to recall the Air Pirates case.

43(B)log on Splenda Case and Private Labels

privatelabel.jpg

43(B)log discusses the recent SPLENDA case (McNeil Nutritionals, LLC v. Heartland Sweeteners, LLC, --- F.3d ----, 2007 WL 4478981 (3d Cir.) and its treatment of the use of house marks in mitigating confusion by 'lookalike' house brands.

Text Of Complaint in Sneaky Chef Case

Via TheSmokingGun, text of complaint in Lapine and Sneaky Chef v. Jessica Seinfeld and Jerry Seinfeld (alleging copyright and trademark infringement, and defamation).

January 12, 2008

ICANN Report On Domain Tasting

ICANN: GNSO Initial Report on Domain Tasting

Conclusion: Domain Tasting is of 'significant concern' and therefore there should be a 'policy development process' to 'explore policy changes.'

The Power Of The Purse

NY Times: The Power of the Purse (Video of Deborah Solomon asking New Yorkers about designer handbags).

January 11, 2008

1-800 Contacts Sues LensWorld For Keyword Advertising

Prof Goldman: "1-800 Contact Sues LensWorld For Keyword Advertising"

In any case, the LensWorld lawsuit is a garden-variety advertiser-vs.-advertiser keyword advertising lawsuit. Based on the limited data we have, I'm guessing the Utah federal court will deem keyword advertising a trademark use in commerce, but after that, who knows? The only twist here is that 1-800 Contacts claims that LensWorld aped their FAQs, prompting a tossed-in copyright infringement claim as part of the package. Also I can't help but note that there appear to be many other possible defendants who are buying 1800contacts as a keyword (see the screenshot in para. 22/page 6)...is a 1-800 Contacts litigation frenzy imminent, or is LensWorld uniquely positioned for 1-800 Contacts' enmity?

ICANN To Battle Domain Name Tasting

MSNBC.COM: "Internet Agency To Battle Domain Name 'Tasting'"

In a draft report issued this week, the Internet Corporation for Assigned Names and Numbers outlined key issues for a committee to study further and craft recommendations. A final report is due after a public comment period closes Jan. 28.

Don't expect any immediate relief. The committee, the Generic Names Supporting Organization, could take months or years to review the matter, after which ICANN's board still would have to vote on any changes.

The operators of the ".org" suffix already won approval to charge companies that make too many returns. The number of deletions dropped to 152,700 in June, compared with 2.4 million in May, after the new fee took effect.

January 09, 2008

NSIMAYNOTHAVECOMPLETELYTHOUGHTTHISTHROUGH.COM

Folks are afraid of domain name front-running, that is to say that they fear that someone will intercept a whois look-up and register the name ahead of then. In fact, in the pre-ICANN days when the old NetSol wouldn't require payment up front, it made sense to register a name rather than look it up (and now in the era of domain name tasting the same logic applies).

So today we learn the following. If you go to (the new) NSI's whois, and type in any available string, for the following four days that string will show up as a name registered to "This name available through NSI." You (or, as far as I can tell) anyone else over the next four days) can only buy that name through NSI (at it's regular retail price). During those four days, the name, say, NSIISTEALINGMYNAME.COM will look like this.

So, to the best of my understanding, if you were to search for the name WHICH-REGISTRAR-WILL-SUE-NSI-FIRST.COM now, and it was available, and you closed your browser terminating your search, for the next four days that string will show up as UNAVAILABLE in every other registrar's whois, and as available in NSI's whois, and anyone can register the name through NSI for the next four days.

NSI's spokesperson has responded as follows
:

“I’d like to clarify what we are doing. In response to customer concerns about Domain Name Front Running (domains being registered by someone else just after they have conducted a domain name search), we have implemented a security measure to protect our customers. The measure will kick in when a customer searches for an available domain name at our website, but decides not to purchase the name immediately after conducting the search.

After the search ends, we will put the domain name on reserve. During this reservation period, the name is not active and we do not monetize the traffic on these domains. If a customer searches for the domain again during the next 4 days at networksolutions.com, the domain will be available to register. If the domain name is not purchased within 4 days, it will be released back to the registry and will be generally available for registration.

This protection measure provides our customers the opportunity to register domains they have previously searched without the fear that the name will be already taken through Front Running.

You are correct that we are trying to take an arrow out of the quiver of the tasters. As you know, domain tasters are the largest Front Runners. Due to no fault of registrars, Front Runners purchase search data from Internet Service Providers and/or registries and then taste those names. Some folks may not agree with our approach, but we are trying to prevent this malicious activity from impacting our customers.”

Well, I suppose that there is a certain of subset of people who wil search on NSI, not immediately register, and want to register over the subsequent four days. If NSI's program does in fact protect such people from front-running, then NSI is acknowledging that the connection between the whois searcher and NSI's server is not secure. It's worth exploring why.

BUT LET'S NOT FORGET THIS SCENARIO:

Your namesearcher is searching EXAMPLE1 through EXAMPLE50 for you. Your name searcher doesn't have a credit card and you're not authorized to spend the money on ten names so you can't snap up all ten. Someone hear's a rumor that you're considering EXAMPLE4 as a name. They check the name and now they know that someone has searched the name on whois within the past 4 days.

So everyone is forced to be a name taster now.

January 08, 2008

Knockoffs at the Consumer Electronics Show

knockoff463.jpg

Gizmodo: "Media Player Knockoff Hall of Shame":

I just ventured into the bowels of the International Pavilion, a separate building beyond the North Hall that's home to tons of tiny booths of companies from Hong Kong, Taiwan and China. Basically, it's full of power supplies, shitty digital picture frames and knockoffs

January 06, 2008

Lacoste vs Dentist?

Vogue UK: "Lacoste Has Little To Smile About After Losing Its Copyright (sic) Case - Against A Dental Practice":

French fashion giant Lacoste has lost its court battle against a Gloucestershire-based dental practice, after arguing in court that the surgery's use of a crocodile logo was too similar to the famous trademark found on its polo shirts.

Class 46 blog commentary here.

Latter Day Saints vs. Latter Day Saints

Examiner.net: "Churches Fight Over Name Use in Court":

The Community of Christ has obtained a temporary court order protecting rights and ownership of its previous name, the "Reorganized Church of Jesus Christ of Latter Day Saints" and its recognized initials, "RLDS."

January 04, 2008

Contest: Write The Best Disclaimer For A Movie Trailer

NY Times Columnist David Pogue saw "National Treasure 2" and felt mis-led by the trailer, which seemed to contain bits left out of the final cut. Pogue asks:

Just how different can a trailer be without becoming false advertising?

In this case, those lines from Riley made the movie seem funnier than it was, the president’s line made the dramatic stakes seem higher than they were, and the scenes at the Lincoln Memorial made the historical conspiracy seem more ingenious than it was (historical clues hidden right under our noses!). I can say with confidence that some of those elements played a part in my wanting to see the movie.

Rearranging scenes in the trailer is one thing. But what about this business of putting stuff in the trailer -- a *lot* of stuff -- that isn’t in the movie at all? If they can get away with “National Treasure”-style misrepresentation, what’s to stop other moviemakers from putting special effects, witty lines, exotic locales and hot-looking actors into *their* trailers, just to get us to go to a movie that doesn’t have any of those things?

So how to advise your movie trailer producer client to avoid false advertising? Draft a suitable disclaimer for the trailer. I'll get you started:

"Objects in the trailer may appear more entertaining than they are"

"Movie subject to change without notice"

"This trailer contains movie and movie by-products"

"Any discussion of this trailer without the expressed written consent of Major League Baseball is strictly prohibited"

"Contents of movie may settle during shipment"

If you're stuck with coming up with a suitable disclaimer, here's a list to consult.

BUT SERIOUSLY, 43(B)log reviews this question and opines that it is certainly within the realm of possibility that because a trailer implies that the footage shown is in the movie being advertised, that the trailer as Pogue describes it is explicitly false, and that a colorable action may lie.

And as long as we're free associating about sharp movie practice: some of you may recall that in 1984 Eddie Murphy was the hottest comedy star around. Dudley Moore made a movie called "Best Defense" and the advance word was that it was horrible. Reportedly, after major filming was finished, Murphy was brought in and twenty minutes of film was made and added to the film, which was then advertised as a Dudley Moore and Eddie Murphy comedy, even though they never appeared in the same frame. Hilarity ensued.

January 03, 2008

Oversee Acquires Moniker

BusinessWire: "Moniker Joins Oversee.net"

About Oversee.net

Founded in 2000, Oversee.net is a technology-driven online marketing solutions company with two primary divisions--Oversee Domain Services and Oversee Marketing Services. Headquartered in Los Angeles with offices in Portland, Oregon and San Mateo, California, the Company has over 200 employees. Some of Oversee’s key brands include SnapNames®, the operator of the largest available source of expired and deleting domain names; DomainSponsor™, a global leader in domain monetization, and Low.com™, a top consumer financial services portal. Oversee has been growing profitably since inception.

Oversee was named to the Inc. 500 and ranked third in the Deloitte Technology Fast 50 of Los Angeles and 18th in the nation. Oversee was also named “Internet and New Media Company of the Year” by the Technology Council of Southern California and its CEO and Co-Founder, Lawrence Ng, was named a winner of the 2007 Ernst & Young Entrepreneur of the Year award for the Greater Los Angeles program in the technology category. To learn more, please visit http://www.oversee.net.

About Moniker.com

Moniker, with headquarters in Pompano Beach, Florida, is the leading provider of Domain Asset Management™, a complete set of business services that provide companies a single-point-of-access to help manage and maximize the value of their domains. With more than a decade of experience, Moniker is a top 10 domain registrar, holds the industry’s highest customer retention rate and pioneered the industry’s first domain appraisal formula. It is considered the industry’s premier marketplace to buy and sell premium domain names. For more information, visit http://www.moniker.com.

RIAA Not Quite So Bad As WaPo Story Makes Out

News.com: Washington Post Sticks By RIAA Story Despite Evidence It Goofed:

Marc Fisher, a Post columnist, wrote on Sunday that the Recording Industry Association of America (RIAA) asserted in a legal brief that anyone who copies music from a CD onto their computer is a thief.

. . .

Quoting from the brief, Fisher wrote that the RIAA had argued that MP3 files created from legally bought CDs are "unauthorized copies" and violate the law. If it were true, the move would represent a major shift in strategy by the RIAA, which typically hasn't challenged an individual's right to copy CDs for personal use.

The problem with Fisher's story is that nowhere in the RIAA's brief does the group call someone a criminal for simply copying music to a computer."

The article goes on to quote Prof Patry on the Pariser quote (noted in the post below:

This new rhetoric of 'everything anyone does without (RIAA) permission is stealing' is well worth noting and well worth challenging at every occasion," Patry wrote. "It is the rhetoric of copyright as an ancient property right, permitting copyright owners to control all uses as a natural right; the converse is that everyone else is an immoral thief."