October 2010

A US federal trademark registration for which a Section 15 affidavit has been accepted after 5 years of continuous use, is said to be ‘incontestable.’ That is to say that ‘title has been quieted,’ with regard to prior users.  There is a laundry list of exceptions to incontestability in Section 33 of the Lanham Act. 

Center For Democracy & Technology: “Campaign Takedown Troubles“:

This report documents the extent to which overly aggressive copyright claims under the Digital Millennium Copyright Act have inappropriately stifled political speech on the Internet during recent campaign cycles.Broadcasters, concerned about the reuse of their news and public affairs footage in political advocacy, sometimes turn