Trademark Hussein Blog

There’s only one registered U.S. mark (HUSSEIN CHALAYAN) and no pending applications containing the HUSSEIN element. Friday time waster: go to Cafe Press and put in HUSSEIN as a search term.


This Is The Week In IP That Was This Week

The Independent: “Hands off our kilts: Scots bid to copyright their national dress.” Bonus IPKat link to a picture of a cat wearing a kilt here.)
Counterfet Chic: “The Audacity of Hope.”
AOL: Company Logo Quiz
43(B)log: Thomas The Tank Engine of Free Expression
Seattle Trademark Lawyer: Trademark Dilution Weekend (Part 2)
Likelihood of Confusion: Luxury Goods Rental
TTABlog: TTAB Issues Non-Ultimate Sanction For Failure To Comply With Board Order . . .


"Copyright Infringement Continues To Pay"

TechCrunch: “Copyright Infringement Continues To Pay: $4 million For Crunchyroll”:

San Francisco based Crunchyroll, a sort of YouTube for anime and other mostly Asian video content, raised a $4 million round of financing led by Venrock Associates, with partner David Siminoff joining the board of directors.
. . .
We first covered the company in August 2007, and noted that they rely almost exclusively on copyright infringing content.


Too Cheap To Matter

Wired: “Free! Why $0.00 Is The Future of Business“:

Zero marginal cost
What’s free: things that can be distributed without an appreciable cost to anyone. Free to whom: everyone.
This describes nothing so well as online music. Between digital reproduction and peer-to-peer distribution, the real cost of distributing music has truly hit bottom. This is a case where the product has become free because of sheer economic gravity, with or without a business model. That force is so powerful that laws, guilt trips, DRM, and every other barrier to piracy the labels can think of have failed. Some artists give away their music online as a way of marketing concerts, merchandise, licensing, and other paid fare. But others have simply accepted that, for them, music is not a moneymaking business. It’s something they do for other reasons, from fun to creative expression. Which, of course, has always been true for most musicians anyway.

When reading this article about the distribution of low marginal cost goods and services, consider the impact of ‘free’ on (1) intellectual property protection; and (2) delivery of legal services.
I note that in my practice that because of technology, there are certain activities, such as dead-hit searches, that, under certain circumstances, I no longer charge for (or subsume under set fees for other activities).


TTABlog: Recent Developments in U.S. Law May Trouble Foreign Trademark Owners"

TTABlog: Unfriendly Shores? Recent Developments in U.S. Law May Trouble Foreign Trademark Owners

Foreign trademark owners who seek registration in the United States may be troubled by several recent developments in American trademark law. The Trademark Trial and Appeal Board’s current fraud jurisprudence holds an applicant or registrant strictly responsible for false statements made to the United States Patent and Trademark Office (USPTO) regarding use of its mark on the goods and services involved, with very little room for error or innocence. Recent case law on the issue of an applicant’s bona fide intent to use a mark indicates that, if a challenge is raised in an inter partes proceeding before the TTAB, the mark owner will be expected to corroborate its assertion of such intent with documentation. And a recent federal appellate court ruling requires a foreign applicant or registrant to appear in the USA for testimony in an inter partes proceeding involving its mark.


Cubs v. Rooftops Overlooking Wrigley Field

wrigley rooftop.jpg
Various buildings overlook Wrigley Field, home of the Chicago Cubs. Entities unrelated to the Cubs operate businesses on those buidlings’ rooftops, charging admission and selling food and drink during Cubs games. The Cubs have sued some of these businesses for, among other things, falsely suggesting endorsement by the Cubs:
Chicago National League Ball Club. LLC v. Wrigley Rooftops II, LLC, et. al., 08 c 968 (ND Illinois Feb 15 2008).
The Cubs are also considering putting up screens to block the view.


GumGum Launches New Image Licensing Platform

TechCrunch: GumGum Launches New Image Licensing Platform:


US Bullying of Canada?

Prof Patry: No One Likes a Bully: The IIPA and Canada:

It is entirely proper for U.S. industries to protect their own interests. IIPA’s website, though, shoots for a loftier goal, that of helping to create “a legal and enforcement regime for copyright that not only deters piracy, but that also fosters technological and cultural development in these countries, and encourages local investment and employment.” The last two clauses evoke a globally beneficent outlook, one reminiscent of the “a raising tide lifts all boats” bromide according to which very high levels of protection are actually good for other countries because it protects authors from those countries. The bromide is false, though, and not only because the IIPA doesn’t do outreach to help local investment or employment in foreign countries: it is also false because the ill-effects of hyper-copyright are felt in the U.S., from orphan works, to oppressive remedies, and misuse of circumvention rights to squelch competition and preserve outmoded business models.


Relevancy, Search Engine Optimization and the Rip-Off Report

In a longer post of Prof Goldman’s, he supplies some links discussing, in his view, rising anger of SEO firms with the Rip-Off Report, and allegations that Google somehow favors it.


"With A Death In Congress, An IP Shakeup Looks Likely"

Ars Technica: “With a Death in Congress, an IP Shakeup Looks Likely

Rep. Tom Lantos’ (D-CA) death from esophageal cancer last night leaves an opening at the top of the House Foreign Affairs Committee, an opening that appears to be perfectly shaped like Howard Berman (D-CA). Berman is expected to take over the foreign affairs post, which will open his current spot as chair of the Subcommittee on Courts, the Internet and Intellectual Property. Rick Boucher (D-VA), who’s in favor of expanded fair use rights and DMCA reform, looks to be next in line.
Berman hails from Hollywood and has been a powerful Congressional backer of the entertainment industry. Known as Congressman Hollywood, he’s pushed everything from higher radio station royalty payments to the MPAA’s campaign against colleges to the current PRO-IP Act.

Filed under: DMCA