30
Apr/08

OnCopyright Conference NYC Thursday


Oncopyright 2008 will bring together thought leaders and change agents together to explore the evolving world of copyright. It’s a unique opportunity to share insights and exchange ideas on where copyright is headed, and how it will aggect the future of written works, music and other forms of intellectual property.

Speakers include Clay Shirky, Suzanne Vega and the perspicacious Paul Fakler.



30
Apr/08

Lesbos v. Greek Lesbians Society


Maybe this is a true story. Yahoo! News: “People of Lesbos Take Gay Group To Court Over Term ‘Lesbian‘”

Three islanders from Lesbos — home of the ancient poet Sappho, who praised love between women — have taken a gay rights group to court for using the word lesbian in its name.
One of the plaintiffs said Wednesday that the name of the association, Homosexual and Lesbian Community of Greece, “insults the identity” of the people of Lesbos, who are also known as Lesbians.
“My sister can’t say she is a Lesbian,” said Dimitris Lambrou.

Write your own punchline.



30
Apr/08

Marvel v TechCrunch re Screening of Iron Man


Marvel sends TechCrunch a demand letter saying ‘don’t print the demand letter.’
UPDATE: The email is up.
Background: TechCrunch used the theater’s group sales to purchase all the seats for a showing and then invited its readership to the screening. Marvel doesn’t identify a legal basis for its demand but advises that TechCrunch may not ‘exhibt, sell tickets to or invite the public’ to the screening.
Well, TechCrunch is not selling tickets, it’s not exhibiting, and, in the words of my colleague Paul Fakler, under the Copyright Act there’s no exclusive right to invite the public.
I suppose that you could posit a fact pattern where somebody gives away a branded product in a promotion in such a way as to deceive the public that he/she was endorsed by the brand owner.
But (use deep movie trailer announcer voice here) IN A WORLD where people give away iPods at trade shows all the time (and people don’t read that as endorsement), I will speculate in general, (not having reviewed all of TechCrunch’s promotions of this event,) that to be actionable as false endorsement, the language would have to be closer to ‘false on its face’ as in “Join TechCrunch and Marvel at a screening . . .” than to language that theoretically implies an endorsement (“Join TechCrunch at a screening of Iron Man.”).
Differing views glady accepted at marty at symbol schwimmerlegal dot com.
Still in all, can’t wait to see Iron Man.
2d Update: Goodness Prevails, Minus $2000 In Legal Fees.



29
Apr/08

Vuitton v Darfur T-Shirt


lv darfur2.jpg
Counterfeit Chic: “Copying For Charity



29
Apr/08

Trademarks And Descriptive Terms I Saw On My Way to Work Today


murray stinky cheese.jpg



28
Apr/08

Declaratory Judgment re Immunity for Domain Name Registrar


Customer of domain name registrar (Intercosmos Media dba DirectNic) allegedly uploads infringing material. Copyright owner sues registrar. Registrar seeks declaratory judgment of non-infringement as copyright owner didn’t complay with DMCA.

Read this doc on Scribd: complaint intercosmos directnic
Filed under: DMCA


28
Apr/08

Tweet Scan As Brand Protection Tool


Put a trademark into TweetScan, a searchable database of Twitter ‘tweets,’ and see what people are saying about your brand.



28
Apr/08

"UK Cracks Down on Word-of-Mouth With Tough Restrictions"


AdAge: “UK Cracks Down on Word-of-Mouth With Tough Restrictions“:

Word-of-mouth marketing in the U.K. will face radical restrictions starting May 26, when it will become a criminal offense for brands to seed positive messages online without making the origin of the message clear.



27
Apr/08

Example Of Franchise Agreement For Ice Cream Chain


I’m assuming that plaintiff, Cold Stone Creamery, is alleging that defendant, a former franchisee, breached its franchise agreement in such a way that continued use constitutes trademark infringement. There is a problem with the ECF filing here as only the first three pages of the complaint are on Pacer. In any event, the exhibit, the Cold Stone franchise agreement is reproduced and is of interest.

Read this doc on Scribd: cold stone franchise agreement


27
Apr/08

Whether Or Not Bats Were Made In Cooperstown


43(B)log: The Meaning Of “Commemorative Baseball Bat:

Plaintiff (d/b/a Where It All Began) alleged that defendant (d/b/a Cooperstown Bat Co.) engaged in false advertising of its commemorative baseball bats in Cooperstown, falsely claiming to “manufacture” and “make” baseball bats and to make them in Cooperstown (“where it all began”), when in fact the bats are mostly made in defendant’s factory two miles outside Cooperstown.