Jay Z owns in part the 40/40 nightclubs in NY, Atlantic City and Las Vegas. Boston Red Sox (Sock?) David Ortiz has allegedly patronized the clubs and opened up a club by that name in the Dominican Republic. The Name LLC, the owner of 40/40 mark, has sued Ortiz in the DR and is now
April 2010
Jersey Shore Abroad: WIPO To Provide Dispute Resolution For TV Show Format Industry
By Marty Schwimmer on
Posted in International
WIPO to Provide Dispute Resolution Services for TV Show Format Industry:
WIPO’s Arbitration and Mediation Center (WIPO Center) and the Format Recognition and Protection Association (FRAPA) are to join forces later this month in providing alternative dispute resolution services to address problems of format plagiarism or the unauthorized copying of television (TV) formats, such
…
Kapitaal: Short Video On Brands
By Marty Schwimmer on
Posted in Branding
KAPITAAL from STUDIO SMACK on Vimeo.
The Unsolved Genericide of TRAMPOLINE
By Marty Schwimmer on
Posted in Genericide
I’m inclined towards the belief that genericide happens far less frequently than is believed (aspirin, escalator, zipper, yo-yo , thermos (with an asterisk) and very few others). Today’s NY Times ran an obituary of the inventor of the trampoline which makes the claim that George Nissen, added an ‘e’ to the Spanish word for diving…
Housewife From [your town] Loses 47 Pounds!!
By Marty Schwimmer on
Posted in False Advertising
Geo Targeting is the method of determining the location of a website visitor and delivering different content to that visitor based on that location. Today I saw an ad the headline of which was “Housewife From [location of my ISP] Loses 47 Pounds Drinking Acai Berry Juice!” and the copy of which referred to ‘Jane…
Text Of “Visual Artists’ Complaint Against Google
By Marty Schwimmer on
Posted in Copyright
Coverage here.
complaint asmp v google
Easter Monday Is ‘Civility Among Lawyers’ Day
By Marty Schwimmer on
Posted in Miscellany
Background here. How will you honor this annual event today?
Discuss This Post-Tiffany/eBay Fact pattern
By Marty Schwimmer on
Posted in Contributory/Vicarious Liability
Assume Lockheed owns an incontestable registration for SKUNKWORKS. Lockheed sends cease and desist letter to registry alleging that SKUNKWORKS.COM is being used to infringe its trademark. Registry refuses to de-activate site. Lockheed sues in 2d Circuit and not 9th, so don’t discuss Lockheed v NSI (the SKUNKWORKS case).
2d Circuit Affirms Dismissal of Infringement Cause, Remands False Advertisement, Against eBay in Tiffany case (Text of Decision)
By Marty Schwimmer on
Posted in Contributory/Vicarious Liability
District Court dismissal of direct and contributory infringement by eBay affirmed, dismissal of false advertising vacated and remanded back.
Very very quick summary after one quick reading: eBay has ‘general knowledge’ that for its Tiffany listings, some unknown percentage was counterfeit (not 95% but not zero). However, it doesn’t specifically know whether any particular listing…