22
Dec/09

SUM and MLS v Black & Decker Re Soccer 'Ambush Marketing'


makita copa.jpg
dewalt tricolor.jpg
Plaintiffs Soccer United Marketing and Major League Soccer have a dominant position in marketing soccer (FIFA and MLS) in the U.S. It grants sector licenses and Makita is the ‘offical power tool’ of plaintiffs. Defendant Black & Decker’s DeWalt sub allegedly practiced ‘ambush marketing’ by offering ticket giveaways and tail-gate parties associated with soccer. Plaintiffs sue on TM grounds as well as breach of contract (arising from the license on the tickets).
In September, we reported on a D NJ case in which the Philadelphia Eagles sued a local radio station for ‘ambush marketing,’ including the use of tickets in a give-away. That case settled, pursuant to which defendant was enjoined from further ticket give-aways and use of the Eagles’ marks.
Complaint Ambush Marketing Sum Mls Dewalt



22
Dec/09

Baidu's NASDAQ Listing Insufficient For NY Personal Jurisdiction In Copyright Case


Plaintiff alleges that Baidu, China’s largest search engine, infirnged its copyrights. Held: (1) Baidu’s designated US agent, CT Corp., may limit its agency to service of process to matters relating only to securities; and (2) Baidu’s NASDAQ listing constitutes insufficient contacts for purposes of NY personal jurisdiction.
Decision Baidu Service Personal Jursidiction



22
Dec/09

Answer Guides As Protected Derivative Works Of Textbooks


Defendant copied unregistered teacher answer guides to publisher’s registered text books. Def. argued that the copied work was unregistered. Held: Defendant’s supplement is unauthorized derivative work of (registered) textbook. (Report and recommendation from October, copied below, accepted and ordered by Judge yesterday).
Decsiion Pearson Derivative Work



21
Dec/09

Copyright Action Arising From (Physical) CBC Trespass To Fashion Show


Plaintiff held a fashion show on its (private) premises. It limited media access to those who signed an agreement. Defendant Candian Broadcasting Corporation gained access to the premises without signing such an agreement and filmed the show. Plaintiff sues on copyright and trespass.
Complaint Copyright Trespass CBC



21
Dec/09

Google Announces Brand For First Model In Replicant Line


sean young replicant.jpg
There are those who are concerned that Bill Gates is actually a representative of the Borg. Also worrying is Google’s reported adoption of NEXUS ONE as the name for its smartphone. One possibility is that Google is attempting to establish priority over the eventual use of NEXUS SIX in relation to replicants; far more disturbing is the possibility that Google is itself the predecessor in interest to the Tyrell Corporation.
The slogan “MORE HUMAN THAN HUMAN” is still available on TESS.
Discussion of Google’s possible conflict with Philip K. Dick estate here.
This week’s contest: name some future brands from science fiction movies that companies should adopt now. SkyNet, for example.



18
Dec/09

Sellify (OneQuality.com) Sues Amazon Over Affiliates' Use of Keywords


Sellify, operator of ONEQUALITY.COM, sues Amazon over Amazon affiliates’ alleged misuse of ONEQUALITY.COM as Google keywords.
Complaint Sellify Amaon



18
Dec/09

Yeshiva (Albert Einstein College of Medicine) v A Possibly Imaginary Albert Einstein University


Yeshiva University runs the Albert Einstein College of Medicine. Someone is promoting an Albert Einstein University medical school, allegedly in Grand Cayman, which doesn’t seem to exist (see paras. 26 on in the complaint).
Complaint Yeshiva v Albert Einstein University



17
Dec/09

Well, Once There Are StormTroopers, The Helmets Will Be Useful


ainsworth stormtrooper crop.tiff
THR, Esq.: ‘STAR WARS’ Stormtrooper Costumes Not Artistic, Says Court‘:

A British appeals court has ruled that these helmets are not copyrightable works of art and therefore, Lucasfilm can’t prevent Andrew Ainsworth from selling replicas of the helmets. The $20 million lawsuit against Ainsworth has dragged on for five years and may continue still as Lucasfilm says it is prepared to appeal the case up to Britain’s Supreme Court.
In the decision yesterday, a judicial panel ruled that the helmet and armor of the Stormtrooper costumes had a “utilitarian,” rather than an artistic, purpose, so “neither the armour nor the helmet are sculpture.”
Previously, Lucas won a $20 million judgment against Ainsworth in a California court in 2006. He’s been unable to get British courts to enforce the decision.

Friend of the Blog and Jedi litigator Craig Mende notes:

“I like the idea that the UK court felt that an unusual looking helmet designed to protect fictional space beings from fictional lasers fired by other fictional space beings was “utilitarian.” Shows what a bigot the U.S. judge was who ruled the other way. He must have refused to look at this from the point of view of those poor fictional space beings! (Makes you wonder about that case where doll clothes were held non-utilitarian. The judge in that case must not have understood the plight of those poor little naked dolls who need clothes!)”



16
Dec/09

Penguin v Steinbeck Estate re: The Pearl


Penguin Group prevails on summary judgment regarding interpretation of contract with Steinbeck estate regarding “The Pearl,” which I read in seventh grade and didn’t particularly care for due to unhappy ending. Also, some anxiety wrt scorpions due to book.
Decison Steinbeck Estate



16
Dec/09

99% True


WSJ: Kills 99.9% of Germs – Under Some Lab Conditions:

Everything from hand-sanitizing liquids to products like computer keyboards, shopping carts and tissues tout that they kill 99.9%, or 99.99%, of common bacteria and fungi.
But some of these numbers look like the test scores in a class with a very generous grading curve. They often don’t include all pesky germs, and are based on laboratory tests that don’t represent the imperfections of real-world use. Human subjects, or countertops, in labs are cleaned first, then covered on the surface with a target bug. That is a far cry from a typical kitchen or a pair of grimy hands.
Advertising near-total effectiveness is common; AT&T Wireless’s television ads touting its network coverage of 97% of the U.S. is just the latest example. But it is especially common for health products. Naturally, companies make the claims because they sell products.