22
Jun/08

Girl Talk And Mashups


Girl Talk is a DJ who records mashups. He explains his method in the clip below. Coverage on Girl Talk here. He is releasing his new album on a Radiohead style pay-what-you-want basis here.
As I listen to Girl Talk’s music I’m reminded of a quote from Spike Jones, the exact words of which I can’t find, but something to the effect that his work wasn’t as random as it looked – if you substituted a gunshot for a b-flat in the William Tell Overture, it had to be a b-flat gunshot.



22
Jun/08

V Secret Finally Enjoins VICTOR'S LITTLE SECRET


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Still kicking around. The discussion of retroactive application of TDRA and the likelihood of this thing called dilution standard begins on page 5. Background from 2003 Supreme Court case here.

Read this document on Scribd: Decisions V Secret Moseley D Ct june 08


22
Jun/08

Been Caught Stealing


LV guitar straps.jpg
Luxist: “No More VUITTON Straps For Dave Navarro“:

[Navarro of Jane's Addiction] has received a rather stern letter from the Vuitton legal team saying in part that: “We have no doubt that this copying has been willful and is intended to trade upon the fame and cachet of the LV Trademarks to elevate the status of the infringing Guitar Strap, and of Jane’s Addiction.”



22
Jun/08

"Hearst Sues Over Use of COSMOPOLITAN Name"


Reuters: “Hearst Sues Over Use of Cosmopolitan Name“:

Hearst Corp filed a $500,000 trademark infringement lawsuit on Monday against the developers of a $3 billion Las Vegas resort and casino using the same name as the publisher’s well-known Cosmopolitan women’s magazine. . . . The defendants, Cosmo Senior Borrower LLC and 3700 Associates LLC, are developing the Cosmopolitan Resort Casino, scheduled to open in Las Vegas in 2010 . . . In its complaint, Hearst said that beginning in September 2004 the defendants had secured or applied to register for some two dozen trademarks using Cosmopolitan or Cosmo.

Las Vegas Trademark Lawyer commentary here, noting that Hearst and the resort had tangled previously in the TTAB.



22
Jun/08

Adidas Sues Wal-Mart For Trademark Infringement"


NWAOnline: “Adidas Sues Wal-Mart For Trademark Infringement”:

Adidas AG is set to face off with Wal-Mart Stores Inc. for the third time on allegations that the retailer sold lookalike striped shoes that amount to trademark infringement.
The Herzogenaurach, Germany-based sporting goods maker and Wal-Mart are scheduled for a jury trial Oct. 6 in a federal court in Portland, Ore. where Adidas’ U.S. headquarters are located.
It is the same court where in May Adidas was awarded a $304.6 million verdict against Payless ShoeSource for selling knockoff striped shoes.



20
Jun/08

JETTING To A Protectable Mark


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Beauty Marks make valid points about Jet Blue’s‘ new JETTING campaign, and its inability to obtain exclusivity to words such as JETS and JETTING (less so re JETTER).

Filed under: Branding


20
Jun/08

What Is A Merrow?


A Merrow is primarily a surname and unregistrable. TTablog here.

Filed under: Surname


19
Jun/08

Perhaps "Happy Birthday To You" Is In The Public Domain


Robert Brauneis: Copyright and the World’s Most Popular Song:

Happy Birthday to You” is the best-known and most frequently sung song in the world. Many – including Justice Breyer in his dissent in Eldred v. Ashcroft – have portrayed it as an unoriginal work that is hardly worthy of copyright protection, but nonetheless remains under copyright. Yet close historical scrutiny reveals both of those assumptions to be false. The song that became “Happy Birthday to You,” originally written with different lyrics as “Good Morning to All,” was the product of intense creative labor, undertaken with copyright protection in mind. However, it is almost certainly no longer under copyright, due to a lack of evidence about who wrote the words; defective copyright notice; and a failure to file a proper renewal application.
The falsity of the standard story about the song demonstrates the dangers of relying on anecdotes without thorough research and analysis. It also reveals collective action barriers to mounting challenges to copyright validity: the song generates an estimated $2 million per year, and yet no one has ever sought adjudication of the validity of its copyright. Finally, the true story of the song demonstrates that a long, unitary copyright term requires changes in copyright doctrine and administration. With such a term, copyright law needs a doctrine like adverse possession to clear title and protect expectations generated when, as with this song, putative owners do not challenge distribution of unauthorized copies for more than 20 years. And Copyright Office recordkeeping policy, which currently calls for discarding correspondence after 20 years and most registration denials and deposits after five years, must be improved to facilitate resolution of disputes involving older works.
Over two hundred unpublished documents found in six archives across the United States have been made available on a website that will serve as an online appendix to this article.

Wikipedia on Happy Birthday To You here.



18
Jun/08

"J&J, Red Cross Stop Suing Each Other"


WSJ.com: “J&J, Red Cross Stop Suing Each Other



18
Jun/08

MR SOFTEE Files Truck Trade Dress Suit


Guishan, Inc. and Mister Softee, Inc. v. Faith Ice, Inc., Petes Ice Cream Truck Rental Corp., Tommy Dalageorgos, Demetrius Konstantakakos, Best Ice, Inc., George L. Adekoya, Juan Jaramillo, Piedad M. Arevalo, Shyne Rims Creamy, Inc. and Flints Rubble, Inc. (Case Number: 1:2008cv02407 (EDNY June 16 2008).
Prior coverage with photos of allegedly infringing MR SOFTEE trucks here.