8
Dec/11

Three Stripes v Three Stripes, Surprisingly Enough (Aididas v Preschoolians)


Two quick thoughts regarding this Aididas three stripe lawsuit.  First. I’m surprised that a shoe manufacturer other than Aididas would put three strips on a sneaker, in this day and age.  Second, I see that the defendant offers a ‘design your own sneaker’ service.   If I want to put three stripes, or a swoosh or what Puma calls their swooshy thing, or perhaps a nice ‘ankle badge’ with a star, for my own sneakers, for my own personal use, what result?

 Complaint Preschoolians



7
Dec/11

Links Relating to SOPA Compiled By Prof Goldman Plus Two More


Links relating to SOPA compiled by Prof Goldman.

Wiki page on SOPA (read the discussion of DNS filtering, especially about the Pakistan/YouTube episode, around footnotes 30 to 32.  The Pakistan/YouTube episode (allegedly) occurred when a single Pakistani DNS server was deliberately mis-configured so as to ‘blacklist’ YouTube in Pakistan, resulting in world-wide outages for YouTbe for several hours.

Prof Zittrain’s TED Talk (the whole thing is worthwhile but beginning at approximately the 5:00 point, Prof Zittrain begins discussing how the DNS works, as an intro for his discussion of the Pakistan/YouTube episode)

The point being that the most serious criticisms against SOPA (imho) reatle to the DNS filtering mechanisms that may have unintended consequences.   The Zittrain piece helps me (at least) begin to grasp the technical background of the debate.

I think that trademark owners need enhanced remedies (you know I’m a notice-and-takedown fan), but breaking the Internet would be a bad side effect.



6
Dec/11

New York Area 3Ls: We Need An Intern


We’re looking for a third year law student, to be a (paid) intern, starting after the holidays. The position would involve mostly contentious stuff, as in trademark policing.  Demonstrated interest in IP.  I’m not looking for someone to help on the blog. This is a real law job as in research and writing and deadlines.

We’re in White Plains, five minutes from the Metro North station (35 minutes from Grand Central).

Send your resume and cover email to schwimmer [at symbol] leasonellis [dot com].

More info about the firm here.



2
Dec/11

Colbert and Zittrain on SOPA


The Colbert Report Mon – Thurs 11:30pm / 10:30c
Stop Online Piracy Act – Danny Goldberg & Jonathan Zittrain
www.colbertnation.com
Colbert Report Full Episodes Political Humor & Satire Blog Video Archive


2
Dec/11

Colbert on Stop Online Piracy Act


The Colbert Report Mon – Thurs 11:30pm / 10:30c
Stop Online Piracy Act
www.colbertnation.com
Colbert Report Full Episodes Political Humor & Satire Blog Video Archive


2
Dec/11

The GLOVEABLES Are Off


Gloveables sues terminated licensee for continuing to suggest endorsement. Defendant is the first organic hit in Google so you can understand plaintiff’s distress. The first ironic advertisements for kitchen gloves and aprons I’ve seen.

Complaint Gloveables



1
Dec/11

Alternative TO SOPA Proposed


TechDirt:  Alternative To PIPA/SOPA Proposed; Points Out That This Is An International Trade Issue:

While the MPAA has been pretending that there are no alternatives beyond the insanity that is PIPA and SOPA, some in Congress have actually been hard at work on trying to think through the specific issues. And one key point has become clear: this isn’t a law and order issue, but an international trade issue. Nearly all of the complaints are about the problem of “foreign” sites sending goods across the border into the US. So it makes absolutely no sense that this issue isn’t under the purview of the Finance Committee, whose job it is to oversee international trade. Thus, a bill is being worked on that tackles the issues as an international trade issue. A “discussion draft” is being circulated on this (embedded below).

 

 Draft Discussion Draft Copy



30
Nov/11

Dot Anything as Dot Descriptive – Registrability of TLD Suffixes


John Welch discusses a TTAB decision in which the Board rejects five applications for .MUSIC on descriptiveness grounds (the applications covered various IT services including domain name registration.

Applicant pointed out various prior regs for “.” and “dot” formative marks.  The Board noted that that was then, and this is now.  Now there is an awareness in the ether of various proposed top level domains (and the record included press for a .MUSIC proposal that apparently is unrelated to this applicant).

This holding, if affirmed, would put the kibosh on pretty much dot anything.  My suspicion is that a lot of would-be TLD operators are filing in that form to protect their intended trading name, but perhaps to cause some mischief with those who are awarded that particular TLD over them (question: if this applicant had received a registration for .MUSIC covering domain name registration, what rights would it be able to assert against a third-party that was awarded a .MUSIC TLD.

I could see ICANN wanting to prohibit a registry operator from claiming rights in a TLD suffix if it felt that such a claim hindered ICANN’s ability to award the registry to another operator.



30
Nov/11

Acme Widget – Q logo v Q logo


Not an unusual case – defendant allegedly reproduces plaintiff’s registered  Q logo on its website.  I was just curious as to what a company named Acme Widget did.  Turns out to be financing in the aviation sector.

 Complaint Acme Widget q Logo



29
Nov/11

Grew A Mustache and a Mullet, And Ate More Kale


We have a share in a ‘community-supported agriculture’ organic food plan and we get more green leafy vegetables than we know what to do with. My wife  places kale flat on a baking pan, drizzles it with olive oil, puts it in the oven, and out comes kale chips.  My nine year old eats loads of kale now, and now he can lift cars.

Any way, there’s a guy in Vermont who, how shall we put it,  sounds like a character,  and prints up EATS MORE KALE stickers and t-shirts.

OK, survey time.  Don’t look at the next paragraph yet.  Who sent him the demand letter?

Why, Chick-fil-a, which owns registrations for EAT MOR CHIKIN.  It has an advertising campaign in which cows urge people to, uh, eat more chicken.  But they spell the words wrong because they’re cows.

Apparently they went after him in 2006, then backed off.  But now the Vermont guy has filed an application for EAT MORE KALE, and you know the rest of this song.

(‘)(‘)  <- me rolling my eyes.

I had never heard of Chick-Fil-A before the song “Army” by Ben Folds  (which explains the cryptic title of the post).