31
May/09

"Will Facebook Give Away Vanity URLs in a Landrush?"


InsideFacebook.com: “Will Facebook Give Away Vanity URLs in a Landrush?“:

Under such a system, users would be able to get URLs like facebook.com/mark for their own personal profiles. (However, some of the most common first names are already taken.)
Administering such a landrush would be a significant challenge. Presumably, Facebook wouldn’t let users register trademarked terms or generic words like “lasvegashotels” that could be used to simply generate spammy SEO traffic. Facebook would have to establish clear rules for how the vanity URLs would be distributed.



30
May/09

CLEAN v KLEAN Perfume/Cosmetics Trade Dress


clean perfume.jpg

From the complaint: Each of plaintiff’s CLEAN products
and marketing materials bear inherently distinctive designs and/or such design have acquired distinctivenss wherein the word “CLEAN” appears large and starkly on the labeling with larger than appropriate spacing between each letter of CLEAN. (para. 11). Defendants are selling a line of fragrance and skin care products bearing the name KLEAN that also seems to copy the trade dress. Para 14.
Complaint Clean Klean



27
May/09

Straight Forward ACPA Case From Judge Sotomayor


Mattel v Barbie-Club.com, denying in rem jurisdiction in ACPA case where plaintiff argued that mere deposit of a ‘registration certificate’ gives rise to in rem jurisdiction.
Also - BNA Tech Law round-up of some of the Judge’s ‘cyber’ cases.



27
May/09

A Trademark Lawyer on the Supreme Court?


Apparently, Judge Sotomayor did anti-counterfeiting work for FENDI.



26
May/09

Discussion of EBay / L'Oreal UK Decision


IPKat takes a first look at the EBay / L’Oreal decision in the UK. The Court will hear argument on the formuation of questions to the ECJ.



25
May/09

Cartier Sues Apple Over iPhone App, Withdraws Suit The Same Day


Cartier files compaint over ‘fake watch’ iPhone app, withdraws suit later that day after Apple takes down app.
Compaint Cartier Apple



25
May/09

"Payoff Over A Web Singing Sensation Is Elusive"


NY Times: “Payoff Over a Web Singing Sensation Is Elusive“:

FremantleMedia Enterprises, a production company that owns the international digital rights to the talent show, hastily uploaded video clips to YouTube in the wake of Ms. Boyle’s debut, but the clips do not appear to be generating any advertising revenue for the company. The most popular videos of Ms. Boyle were not the official versions but rather copies of the TV show posted by individual users.
The case reflects the inability of big media companies to maximize profit from supersize Internet audiences that seem to come from nowhere. In essence, the complexities of TV production are curbing the Web possibilities. “Britain’s Got Talent” is produced jointly by three companies and distributed in Britain by a fourth, ITV, making it difficult to ascertain which of the companies can claim a video as its own.



21
May/09

Backlog at US Copyright Office


WaPo: © 2009? Wishful Thinking, Perhaps, as Backlog Mounts:

The problem has tripled the processing time for a copyright from six to 18 months, and delays are expected to get worse in coming months. The library’s inspector general has warned that the backlog threatens the integrity of the U.S. copyright system.
The irony is that the slowdown stems from a new $52 million electronic process that is supposed to speed the way writers and others register their literary, musical or visual work.

UPDATE: 43(B)log comments on the article.



21
May/09

Rosamond of Emily the Strange v Nate the Great


rosamondrb9.jpg
emilyoc1.jpg
Here is a post from December 30, 2006 entitled Emily the Rip-Off.:

Emily the Strange is fictional character whose introverted and disdainful personality has made her something of a countercultural icon (and a great way to sell marketable products to the trendy). Her franchise has churned out a lot of merchandise (clothes, toys, books, etc.)
But the character itself is almost an exact copy of another (less desperately nonconformist) character, Rosamond, from the children’s book series “Nate the Great”.

Here, a writer at “You Thought We Wouldn’t Notice” recognizes the similarity.
Here, the Laughing Squid summarizes reader comments on the similarities and quotes from the creator of Rosamond.
Here is the tex of the declaratory judgement action brought by the creator of Emily.



16
May/09

Trademark BlogFest World Tour – Seattle – Monday 6 to 9


Details here. And if you can’t make it then but want to meet up in Seattle – email me at marty at symbol schwimmerlegal dot com.