27
Nov/08

Magritte Estate Sued By Man With Apple In Front Of Face


The Onion: Magritte Estate Sued.



25
Nov/08

Please Nominate Me For IP Czar


Wired is taking nominations for IP Czar. Both Profs. Patry and Lessig would be better choices than me, but if selected, I will work hard to enact an economic stimulus package consisting of iTunes gift cards for everybody.



24
Nov/08

Do You Have Nude Pictures Of Your Wife?


There’s something missing in this BBC story. A man leaves a cellphone containing nude pictures of his wife, in a McDonalds. Someone posts the pictures on the Internet. The man sues McDonalds. What the article doesn’t report is what theory the man came up with as to why this is McDonalds’ fault.
I meet my fair share of non-US lawyers, and the one US case they all seem to be familiar with is the one where the woman sues McDonalds for spilling hot coffee on herself.



24
Nov/08

"Coupons, Inc. Drops DMCA Lawsuit Against Coupon Hacker"


Ars Technica: “Coupons, Inc. drops DMCA Lawsuit Against Coupon Hacker“:

A copyright lawsuit against a man who posted instructions on how to print unlimited copies of coupons has been dropped. The defendant, John Stottlemire, posted to his website this week that he had reached a settlement with Coupons, Inc. after a year-long legal battle over the digital coupons, and that Coupons would not be able to file another similar action against him.
In late 2007, Stottlemire posted instructions to tenbucks.net detailing how to perform a number of registry key modifications under Windows that would allow users to print unlimited online coupons offered by couponsinc.com. Without the “hack,” users are technologically limited to printing only one coupon apiece.

Filed under: DMCA


24
Nov/08

"Help for eBay Shoppers Who Can't Spell"


NY Times: “Help for eBay Shoppers Who Can’t Spell“:
A handful of new Web sites with names like Typo Bay and Typo Buddy are out to help shoppers save money by searching eBay for misspelled brand names. Such items often have fewer bidders because they don’t appear in search results for people who spell the items correctly, and therefore can be had at a cheaper price.



22
Nov/08

Kenya: Summary of Recent Trademark Decisions


Ratio Magazine: Summary of recent trademark decisions in Kenya



22
Nov/08

Taco Bell Sues 50 Cent


MTV: 50 Cent Gets Sued:

Fiddy filed a lawsuit for Trademark Infringement earlier this year after the company put out adverts saying he should change his name to 79 Cent or 99 Cent!
Now the chain have hit back in a countersuit calling the rapper a “self-described former drug dealer and hustler” and adding that he has a “well-publicized track record for making threats, starting feuds and filing lawsuits.”



21
Nov/08

Chooclate Bunny Suit


Bloomberg: “Lindt Defends Chocolate Bunny Rights in Eurpose at Top EU Court“:

Lindt & Spruengli AG’s European trademark rights on a chocolate Easter bunny wrapped in gold foil were gained “honestly and fairly” and it should be able to block copies, Lindt told the European Union’s highest court.



21
Nov/08

Searches Led Away From Brand Sites


MediaPost.com: Searchers Led Away From Brand Sites:

More than one in 10 U.S. Internet searches for leading brands end up clicking away from the brand owner’s Web site, according to a recent report from research firm Hitwise.



20
Nov/08

McCain's Memo in Motion to Dismiss Jackson Browne's Copyright Suit


Memo from McCain’s Motion to Dismiss Copyright Action brought by jackson Browne re McCain campaign’s use of ‘Running on Empty.’
A. Browne’s Copyright Infringement Claims Are Barred By The
Fair Use Doctrine
1. The First Factor, The Purpose And Character Of The Use,
Favors McCain Because The Use Was Made In A Non-
Commercial Political Message About Matters Of Public
Concern And Was Transformative
2. The Second Factor, The Nature Of The Copyrighted Work,
Favors McCain
3.The Third Factor, The Amount and Substantiality Of The
Use, Favors McCain
4.The Fourth Factor, The Effect Of The Use On The Potential
Market For Or Value Of Plaintiff’s Work, Favors McCain
B. Browne’s Lanham Act Claim Fails As A Matter Of Law
1.The Lanham Act Does Not Apply To Political Speech
2.Browne’s Lanham Act Claim Is Barred By The “Artistic
Relevance” Test Imposed By The First Amendment
3.As A Matter Of Law, There Can Be No Likelihood Of
Confusion Stemming From The Political Video