21
Apr/09

Don't Tase Me In Second Life, Bro


Virtual World News: Taser Sues Linden:

Taser International has filed a trademark infringement lawsuit against Linden Lab, reports Bloomberg, claiming the publisher is illegitimately selling virtual goods based on the Taser stun guns. the Second Life online virtual world creator over claims it sells unauthorized virtual versions of its stun guns.

Trademark Blog Virtual World archives here.



19
Apr/09

"The Real Pirate Bay"


Umair Haque: “The Real Pirate Bay

Set up a torrent tracker, get fined, go to jail.
Join a bank, destroy the economy, profit.



19
Apr/09

Three Years In A Barrel In Scotland, con't


Scotsman: Chinese Offer Hope Of Action on Fake Scotch.

The Scotch Whisky Association has been campaigning for increased protection in China for some time. The whisky market for Scotch is worth £44 million a year to Scottish distillers and it is one of the fastest-growing in the world.
However, producers have been alarmed by the number of imitation Scotch brands circulating in China. About 200 fake products have been found in the past two years alone.



18
Apr/09

Hewlett-Packard Wants .HP Domain Name


Domain Name Wire: Hewlett-Packard Wants .HP Domain Name



17
Apr/09

I Don't Think It's The Dumbest Trademark Demand Letter I've Ever Seen


I mean, for sure, it seems to be one of those situations where no one would have ever learned of the sites GODLMANSACHS666.COM and GOLDMANSACHS13.COM, but for the demand letter, but the letter itself doesn’t have the misplaced certitude, the overblown rhetoric, the baseless imputation of evil to the recipient, and over-all lack of self-awareness, that marks the truly dumb demand letter.
So I have to disagree with Marco here. I’ve read dumber. But Marco raises interesting points on ‘client control,’ a term that I don’t like, as (1) it is not what our job is; and (2) it can’t be done. We’re in the effective guidance business. We identify options and predict outcomes of selecting those options.
So what would you have done?
BTW, see Lamparello v. Falwell; and Bosley Medical v Kremer.



15
Apr/09

"CNN Acquires CNNBrk Twitter Account"


BusinessInsider: CNN Acquires CNNBRK Twitter Account:

Hard to believe, but the CNN Twitter account racing Ashton Kutcher to 1 million subscribers wasn’t even under CNN’s (TWX) control until recently.
CNN has taken control of the @cnnbrkaccount — and its 944,000 followers — we’ve heard. We don’t know the transaction details, and are waiting to hear back from CNN to confirm the deal and any details

More details from TechCrunch.



15
Apr/09

ACPA Suit – uBid v GoDaddy


UBid has an incontestable registration in uBid. It has sued domain name registrat GoDaddy for various activities monetizing domain names that include the strings UBID and YOUBID. The meat of the allegations are in paras 22-26.
Complaint Ubid v Godaddy



15
Apr/09

6 Hour Energy Shot v 5 Hour Energy Shot


43(B)log: “5 Hour Power struck unfair blow against alleged infringer 6 hour.” Interesting fact pattern. Defendant received injunction against one competitor using a certain term, and issued a press release that falsely suggested that it had received a court order against all competitors using that term, subjecting plaintiff to lost sales.



15
Apr/09

Wired: Obama Taps 5th RIAA Lawyer to Justice Dept.


Wired: “Obama Taps 5th RIAA Lawyer to Justice Dept.“:

Monday’s naming of Ian Gershengorn, to become the department’s deputy assistant attorney of the Civil Division, comes more than a week after nearly two-dozen public interest groups, trade pacts and library coalitions urged the new president to quit filling his administration with lawyers plucked from the Recording Industry Association of America.

Filed under: Copyright


14
Apr/09

China's Enforcement of IP: Discuss


From Fareed Zakaria’s “The Post American World“:

Western businessmen have often noted that their Chinese counterparts seem to place less stock in rules, laws and contracts. Their sense of ethics is more situational. . . . Social relations and trust are far more important than paper commitments. Microsoft could not get Beijing to enforce its IP laws for years – until the company spent time and effort developing a relationship with the government . . . Once Microsoft had convinced the Chinese government of its benign intentions, those same laws began to get enforced.”