13
May/11

THE 2011 IP LAW BlogDex


Welcome to the first annual IP Law BlogDex.  If you would like your blog to be included, please click the bright ‘contact me’ button on the snazzy new template.

INTERNATIONAL

Art & Artifice: a weblog that focuses on not just intellectual property but all areas in which art meets the law

Class 99:  dedicated to design law and practice in the UK, in Europe and beyond. It is written by a team of acknowledged experts in the field

Intangitopia:  all about the transformation of the IP landscape in today’s knowledge society. Especially focusing in on the intersection between law, business and technology where it all happens, by an interdisciplinary group of 5 graduate scholars.

IP Finance:  touches that delicate interface between intellectual property and the world of finance, addressing securitisation, valuation, royalty rates, assessment of damages, the death of old business plans and the evolution of new ones.

PatLit: tackles a wide range of patent dispute resolution topics, not just from the UK but from wherever interesting news and comments emerge.

The SPC Blog: a handy information source for anyone who is involved in the tiny but invaluable world of supplementary protection certificates for pharmaceutical and agrichemical patents.

World Trademark Review Blog:  specialist journalists break news and report insight on trademarks, brands, domain names – and the business strategies underpinning them (UK Publication)

AFRICA:

Afro-IP: Deals with the IP scene in Africa

AUSTRALIA/ ASIA PACIFIC:

Fortnightly Review:  An independent law blog that provides analysis of IP & Media Law Issues written by Australasian academics from law, economics and related disciplines.

IP Wars: Warwick writes mainly about IP in Australia

Patentology:  News and views on patents and innovation, with a focus on Australia and New Zealand.

BRAZIL:

Entertainment Law Brazil: discussing mostly the legal developments of the entertainment industry in Brazil and Latin America, giving completely unrequested – and sometimes controversial – insights.

Trademark Law Brazil:  discussing mostly the legal developments of the trademarks, distinctive signs and unfair competition  in Brazil and Latin America.

CANADA:

Excess Copyright: about excess in Canadian and international copyright law, trademarks law and patent law (by Howard Knopf, a practitioner).

COSTA RICA:

ALPI and @aliplaw: Blog and twitter feed on updates on the most relevant developments of IP law in Costa Rica, by a Costa Rican practitioner

EUROPE:

Class 46: founded by friends of MARQUES and driven by a 15-strong team, this blog delivers trade mark and brand-related news and developments from across Europe.  Class 46 is now hosted by MARQUES

IPKat:  All things EC IP although there is an Amerikat sometimes.

FRANCE:

Le petit Musee des Marques: A French perspective on trademark law and its unusual aspects.

SansBlog:  From IP Twins.

INDIA:

SiNApSE IP:  An initiative of Braion League, created with an idea of showcasing the diversity of approaches towards IP.

Spicy IP:  We aim to foster a more transparent, collaborative and productive IP/Innovation Eco-System for India.

LATIN AMERICA:

IP Tango:  Spanish language blog on the IP scene in Latin America.

Poland:

Polish Your IP:  Marek Lazewski’s attempt at a blog.

UNITED KINGDOM:

AZRights IP Brands Blog and @Azrights:  information and news about trade marks, copyright, internet marketing, social networking, search engine optimization, protection of reputations and brands on the internet by UK practitioner Shireen Smith.

The Bright Spark Blog:  Novel, inventive and capable of distinguishing, by a UK practitioner.

Cyberleagle:  Graham Smith’s blog on law, IT, the Internet and new media.

The 1709 Blog:  caters for the copyright enthusiast. Its team of six, drawn from a variety of backgrounds and interests, seeks to address all aspects of copyright law and practice

 

UNITED STATES:

BeautyMarks and @beautymarks:   trademarks I like, trademarks I don’t like, and other loosely trademark-related stuff that captures my fancy.

CenterPoint Community:  Thoughts on IP, trademark and litigation issues written for marketing, management and other business people, by Paul Reidl.

Cyberlaw Central:   The digital world, its impact and legal framework, by Chicago-based practitioner, Kevin Thompson.

Duets Blog:  Bridging the Gap or Facilitating a More Graceful Collaboration Between Legal and Marketing Types (by Stephen Baird, a  practitioner).

43(B)log:  False advertising and more

Internet Cases:  A blog about law and technology.

IP Brief:  The American University IP Brief provides an opportunity for law students, professors, practitioners to discuss and learn about substantive IP issues.

IP.comBlog: The blog of IP.COM which provides companies with the tools and solutions to more effectively manage their intellectual property (IP) and innovations.

IPelton:  a blog focusing on trademark prosecution, small business issues, and coverage of TPAC (by Erik Pelton, a practitioner).

IPmetrics and IPmetrics Daily:  blog and twitter daily specializes in the valuation of intellectual property and the assessment of infringement damages – comments on current IP litigation topics and creative ways in which IP is leveraged in the marketplace.  (consulting firm).

Las Vegas Trademark Attorney:  Dedicated to exploring, discussing, and sharing with the world the latest news and legal developments in trademark law — Published by Ryan Gile.

@LeasonEllis – Twitter feed of (my) IP firm specializing in patents, trademarks and copyrights.

The Legal Saytricon:  Occasionally irreverent thoughts on life, liberty, tech and politics.

Likelihood of Confusion:  Ron Coleman’s blog on trademark, copyright, Internet law and free speech.

Marks and Secrets: This Business, Intellectual Property, and Internet Law Blog” focuses on IP issues in the internet sector — specially on digital rights, privacy, competition and online trademark rights.

Property Intangible: A blog about the ownership of IP rights, written by an in-house lawyer who’s worldview is: “Open Source Rules!”

Seattle Copyright Watch: IP law is fascinating and it’s too bad that lawyers in other practice areas are missing out on the fun.

Seattle Trademark Lawyer:   Trademark law developments from Seattle and beyond.

Securing Innovation:  IP.com’s business blog about managing IP, trademarks, patents and trade secrets.

Shades of Gray:  Copyright law from black to white and everything in between.

Statements of Interest:  Looking at life through a lawyer’s lens (Cathy Gellis being the lawyer).

Symbus, the blog and @IPLawChicks:   The blog and Twitter feed for an IP virtual law firm commenting on timely IP topics.

Technology, Marketing and Law Blog:   Prof. Goldmans’ blog has been covering IP, Internet Law and Advertising Law since 2005.

The Trademark Blog and @trademarkblog:   Luxury trademark news at popular prices.

TTABlog and @TTablog:  Keeping Tabs on the TTAB (r)

TraverseLegal: Anything is possible in the Purple Galaxy (by Enrico Schaefer, a practitioner).

 



13
May/11

Com Laude Summer Newsletter re New gTLDs


Com Laude Newsletter Summer 2011



12
May/11

IP Law BlogFestivus – Tuesday 8 PM – SwigBar


“Meet the Bloggers VII” aka IP Law BlogFestivus is this coming Tuesday, SwigBar, 561 Geary, SF, 8 pm to 10 pm.

If you are an IP law blogger or twitterer, send me a blurb containing (1) a link to your blog or twitter handle; (2) a description of subject matter; (3) your jurisdiction and (4) who you are. The blurb will be published as part of an IP Law Blog directory here in time for Tuesday.



10
May/11

SDNY: THOIP v Disney


Decision – Thoip v Disney



9
May/11

Righthaven vs The World


Lawyers ask to participate in potentially pivotal copyright case.”

Another Defense-Favorable Righthaven Ruling – Righthaven v Choudhry.”

Republishing Entire Newspaper Story is Fair Use – Righthaven v CIO

Enforcing Copyrights Online, for a Profit



7
May/11

Clarification About The Index Of Blogs


You do not need to be able to attend “Meet the Bloggers” in SF to be included in the List o’ Blogs.  But we do hope you’ll be there, 8 pm, Tuesday, May 17, Swig Bar, 561 Geary.

The blog blurbs are rolling in.  Send the link with a short summary of who you are and what you blog about to schwimmer at symbol leasonellis dot com.  The Bloggery will be posted Monday May 16.



5
May/11

Contested: A Law Firm Picks Its Logo


This is a guest post by my partner, Peter Sloane:

Like most all law firms, we at Leason Ellis have a name comprised of partner surnames. Whether or not the decision to adopt the name was originally made to comply with state bar regulations or comport with custom is of no moment since goodwill has built up to the point where any name change now could prove costly.  As a trademark law firm, though, we feel like we have a special need to stand apart from the crowd. Plus, we love brands! So it seemed natural for us to look to adopt a logo to use in conjunction with our name.

Initially, we started working with a designer, who sketched out various logos for us to consider. But none of the designs worked for us and the choices were far too few.  This quickly led to frustration on both sides.

Around the same time, I heard about a website called LogoTournament.com, which advertises the ability to get 50 to over 200 logos designed in just a few days.  According to its website,  you can “start a logo contest for only $275 and watch the logos roll in the same day.”

I found the idea of a logo contest intriguing, because it would solve the limitations of working with a single designer (or even a single design firm). As a practical matter, designers can create only so many different designs for a client to consider. Plus, they are generally quite expensive.

So, we took the plunge and posted a one week contest with LogoTournament.com.   Although we posted the reward above the minimum, it was less than what we would have spent with any directly retained designer. And the time spent filling out the questionnaire, which allows designers to understand the client and its needs in adopting a new logo, was relatively minimal. Sure enough, within hours of posting the contest, we had logos arriving in our inbox for us to consider.

One of the great things about LogoTournament.com is the real time interactivity between the client and the designers, who are located all over the world.   The client is able to rank the designs according to their favorites and post written comments for all the designers to see.   This immediate feedback allows designers to hone in on designs that work and disregard those that do not appeal to the client.

To be fair,  some of the designs we received were trite.   But there were some real gems among the roughly several hundred designs submitted.    The more thought that is put into the initial questionnaire, and the quicker and more concise the comments made during the contest (and possibly the higher the reward), the more likely that the designers will be inspired to create logos that meet client expectations.

In the end, after some spirited internal debates, we chose the tree and apple design that we use as our logo today. As a patent firm, it speaks to the spirit of insight that led Sir Isaac Newton to develop the theory of gravity.  As a trademark firm, it is a distinctive design which designates our services and sets us apart from the practices of others. It also makes for a great call sign on Twitter .

As it turns out, the designer who created the logo is an individual located in the Philippines.  Now ask yourself the odds that a law firm in White Plains, New York would ever connect with a designer located halfway across the world in the days before the internet.   Technology today is truly amazing.

Admittedly, design contests like LogoTournament.com are not without controversy.  The AIGA, a professional association for design, has a position on such spec work.   In particular, AIGA believes that professional designers should be compensated fairly for the value of their work.  In response, LogoTournament.com has a points system for designers to avoid a winner-take-all situation.

Furthermore,  some people believe, perhaps rightly, that design contests are ripe for plagiarism.  Even though, as part of the contest rules, the designer warrants that the design is original, and assigns all rights in the design to the client, to provide us with additional confidence before using the logo, we undertook a full design search.  If you are not a trademark lawyer like me, and if you end up participating in a design competition (like LogoTournament.com), I strongly recommend that you consult with a trademark law firm (like Leason Ellis).

Since we like to practice what we preach, we obtained a registration of the logo as a service mark with the U.S. Patent and Trademark Office (3,844,312). Even though the Copyright Office is generally averse to registering logos, the design is original enough that we obtained a copyright registration for it (VA0001700803).   The framed registration certificate for the service mark now hangs proudly on one of our walls like a work of art (the logo also makes a special appearance in the monster print created for us by famed graphic designer Stefan Bucher.

Firms and companies that lack a distinguishing design should consider adopting one.  Websites such as LogoTournament.com (and there are others) now offer a quick and inexpensive (not to mention fun) way to do so.



5
May/11

Attention IP Law Bloggers and Twitterers – Attend Meet The Bloggers, Get Introduced, Get Indexed!


This year, Meet The Bloggers VII (or BlogFest, as Marty insists on referring to it), will have a little bit of structure, but not so much as to detract from the drinking.

First things first – the loft at SWIG BARTUESDAY May 17, 8 to 10 pm, 561 Geary Street, SF.

Everyone who is a IP law blogger  (and we are using an expansive definition of the term so as to include Twitterers, folks who contribute to their law firm’s blogs, people who wear IP-related sandwich boards, people who hear IP-related voices in their heads),  should send me a link of their choosing prior to Blogfest, and a one sentence summary of their worldview.  On BlogFest day, we (will all) publish the links in what will become the de facto authoritative IP law blog directory.  AND at BlogFest, we introduce each of you to the others (and you can say a few words and then pass the mike (or megaphone)).

Send the link and blurb to schwimmer at symbol leasonellis dot com.

Sponsorship opportunities for BlogFest are handled on a strictly cash basis.



4
May/11

We Win A Motion To Transfer


OK, maybe not a fascinating case but my colleagues Paul, Cameron and Yuval won a motion to transfer.  The Western District, Pennsylvania court held that Ohio plaintiff’s choice of forum of Pittsburgh, is to be given less deference when the plaintiff is not from that forum.   The only nexus to the forum there was plaintiff’s attorney, and a single  sale by defendant of $141. The case was transferred to defendant’s home forum, Connecticut.

But remember, please consider beautiful White Plains, located in the lovely Southern District of New York, when contemplating litigation.

Decision Motion Transfer Candy



4
May/11

BLOGFEST – SAN FRANCISCO – TUESDAY MAY 17 – 8pm


SWIG BAR – 561 Geary Street – Tuesday May 17 8 PM – Details to follow