9
Apr/09

“Extreme Borrowing in the Blogosphere”


Kottke.org: “Extreme Borrowing in the Blogosphere” (discussing linking/excerpting/attribution issues).



9
Apr/09

Dave Winer On AP and Hot News


Dave Winer discusses AP’s recently announced enforcement efforts and the value of ‘hot news‘ on the Internet.



9
Apr/09

Who Is Suing The Watchmen?


nite owl coffee.jpg
Chock Full Of Nuts is the heavenly coffee, better coffee a millionaire’s money can’t buy. Nite Owl is a character from the WATCHMEN movie. Defendant came out with Nite Owl Coffee, apparently as merchandising related to the movie.
First aside: I speculate that the (registered) checkerboard design on the CFON label alludes to the ‘checker cabs‘ that were popular in New York in days gone by.
Second aside: Read paragraph 32 of the complaint and ask yourself if you would have put that allegation quite that way.
Third aside: Nite Owl coffee doesn’t seem to be on defendant’s website.
Complaint Nite Owl Coffee

Filed under: Trade Dress


9
Apr/09

“YouTube Is Doomed”


Competitor of YouTube writes column in BusinessInsider arguing that YouTube’s annual loss of $500M is unsustainable.

Filed under: YouTube


7
Apr/09

Two Views Re The Wolverine Piracy Firing


wolverine.jpg
Pro: Fox News Columnist Reportedly Fired for Wolverine Review
Con: Wolverine Piracy, Claws Grow
Pictured: A real wolverine.

Filed under: Counterfeits


6
Apr/09

WSJ: The Scariest Monster of All Sues for Trademark Infringement”


WSJ: The Scariest Monster of All Sues for Trademark Infringement“:

When Christina and Patrick Vitagliano dreamed up their Monster Mini Golf franchises — 18-hole, indoor putting greens straddled by glow-in-the-dark statues of ghouls and gargoyles — they never imagined that a California maker of high-end audio cables would object.
But Monster Cable Products Inc., which holds more than 70 trademarks on the word monster, challenged the Vitaglianos’ trademark applications. It filed a federal lawsuit against their company in California and demanded the Rhode Island couple surrender the name and pay at least $80,000 for the right to use it.

If you thought, from the headline, that this was about Monster, the employment listings company, it isn’t.



4
Apr/09

2d Circuit: Sale of Keywords Is Use In Commerce: Rescuecom defeats Google’s Motion to Dismiss


Prof Goldman analysis here:
Rescuecom Google Key Word Decision



3
Apr/09

“Fender Loses Guitar ‘Copyright’ (sic) Case”


Music Radar: Fender Loses Guitar Copyright (sic) Case:

Guitar makers Fender have lost an application to make its Stratocaster, Telecaster and Precision guitar body shapes a trademark in the USA.



2
Apr/09

“Protest Against Removal of Text-to-Speech Function From Kindle”


Facebook Group organizes “Protest against the removal of the text-to-speech function from e-books”:

The Authors Guild is pressuring Amazon to modify the Kindle 2 so that the synthetic speech function can only be used with the express authorization of the owner of the copyright of a work. A coalition of organizations that represent or work with persons with reading disabilities is organizing a protest to persuade the Guild to change its position.

Background here.

Filed under: Copyright