MemeWatch: LOLcats
As of now, no one has filed a US trademark appllication for LOLcats. Updates as the situation warrants.
May 06, 2008
Validity Of TTAB Judges?
NY Times: "In One Flaw, Questions on Validity of 46 Judges" (they could have written a better headline):
But John F. Duffy, who teaches at the George Washington University Law School, is a different kind of law professor. He has discovered a constitutional flaw in the appointment process over the last eight years for judges who decide patent appeals and disputes, and his short paper documenting the problem seems poised to undo thousands of patent decisions concerning claims worth billions of dollars.
"What To Do With Failed Startup IP?"
TechCrunch: "What To Do With Failed Startup IP?":
The large majority of most startups fail, and a lot of them have software, patents and other intellectual property that may be of value to the community. This IP could help those startups avoid wasting time reinventing the wheel, find creative ways to solve problems, etc. In a perfect world, the best of this property would be made available via a clearing house, or turned open source.
May 03, 2008
Dispute Resolution As American Idol
AllRise.com: You sue anyone, make your case, the auidence votes.
May 02, 2008
BlogFest Berlin Blogger Attendees
BlogFest Berlin: Monday May 19 8:30 - 10:30
BlogFest Berlin will be held Monday May 19 at 8:30 at the Berlin offices of Olswang in Potsdammer Platz. Details and Map to follow.
If you're going to be at INTA but can't make it to BlogFest, and you still want to meet me in person to tell me off, you can email me at marty at symbol schwimmerlegal dot com and maybe we can work something out.
April 30, 2008
Lesbos v. Greek Lesbians Society
Maybe this is a true story. Yahoo! News: "People of Lesbos Take Gay Group To Court Over Term 'Lesbian'"
Three islanders from Lesbos — home of the ancient poet Sappho, who praised love between women — have taken a gay rights group to court for using the word lesbian in its name.One of the plaintiffs said Wednesday that the name of the association, Homosexual and Lesbian Community of Greece, "insults the identity" of the people of Lesbos, who are also known as Lesbians.
"My sister can't say she is a Lesbian," said Dimitris Lambrou.
Write your own punchline.
April 27, 2008
List Of Reional IP Blogs
Chicago IP Litigation Blog: "New Regional IP Blogs"
April 26, 2008
Berlin Links
This place seems interesting. A contemporary art collection in a eight-story 'flak tower' (a bunker). The Wall St Journal profiled it today.
April 24, 2008
"Invalid Subpoenas Sent Via E-Mail"
Duame Morris: "Invalid Subpoenas Sent Via E-Mail":
Thousands of company executives received e-mails mid-April that purported to be federal court subpoenas but instead appear to be part of a "phishing" scam to capture sensitive data. The invalid subpoenas: (a) bear the seal of the U.S. district court and docket numbers from real cases; (b) command an appearance before a grand jury; (c) identify the originating e-mail address as subpoena@uscourts.com; and (d) contain a link with an instruction to "download the entire document on this matter ... and print it for your record.
April 22, 2008
Twitter In Berlin
Idle thought: those of you attending Berlin in May might consider signing up for free services such as Twitter as a means for hooking up and organizing get-togethers, and telling your 'community' where you're going to be at any given moment. Other social networking ideas readily accepted and posted here.
April 16, 2008
The Wall Street Journal Sincerely Regrets The Error And Hopes That No One Was Inconvenienced
This is a real correction from today's WSJ:
Thirteen billion golf balls, lying end to end, could go around the earth 14 times. An article in the April 7 Golf report incorrectly said nine times.
April 01, 2008
Important New Joint Venture
Discussion here.
March 31, 2008
And What Would March Be Without A March Madness Post?
WSJ.com: Mobile-Phone Programmer Wins Rights to "March Madness:
All kinds of new things are happening in college hoops. The three-point line is getting moved back to 20 feet 9 inches, all four number one seeds made it to the Final Four for the first time in history, and a non-NCAA affiliate has won the right to use March Madness in its programming. (Here’s a post from way back on Friday on the NCAA’s success in defending its trademark.)
A Trademark Blog from 2003 here.
March 30, 2008
"City of Sturgis Distances Itself From Sturgis Chamber Lawsuit"
Kentucky.com" "City of Sturgis distances itself from Stugis Chamber lawsuit":
The Sturgis Area Chamber of Commerce filed a trademark infringement lawsuit against a motorcycle rally in Kentucky without the city of Sturgis' knowledge or consent, according to a release from the city. "We didn't know it was coming," Pepper Massey, city Rally Department director, said of the federal court case.
March 24, 2008
There Is No Such Thing As Easter Monday
I believe that every Easter Monday we should take some time to reflect upon greed, profanity and ignorance among lawyers. Background here.
March 13, 2008
New IP Blog: SOLO Independent IP Pracitioners
SOLO Independent IP Practitioners:
This blog is intended to create a community of practitioners in intellectual property from around the world.We are looking for active authors and lots and lots of comments on the practice of IP whether you specialise in patents, trademarks or copyright issues. Some may act as agents filing patents and trademarks, others may be barristers or litigators more interested in dispute resolution. Some may have their own small businesses , others may work in industry or anywhere thats a bit short on others with the same expertise near at hand. All are welcome to discuss the SOLO life.
A little more sober than our Facebook group
SOLO is used as a trademark and does not limit interest to sole practitioners. In fact you can be very SOLO in quite a large law fim if it doesn't have an IP group.
March 07, 2008
"Lawsuit Response Claims Harassment By Hershey"
PennLive,com: "Lawsuit Response Claims Harassment By Hershey"
March 02, 2008
U of T Online Trademark Law Library
U of Texas: Tralton Law Library: Trademark Literature Current Awareness
The "Current trademark literature" website is a resource for keeping informed of current articles related to U.S. trademark law. This service is edited by Jane O'Connell, Director of faculty and student services at the Tarlton Law Library.Law Library staff reviews law journals and law reviews (and a great many other legal periodicals) as they are received in the library. We examine the table of contents of all of these publications and identify any article concerning U.S. trademark law. We then input the basic bibliographic information about each article into this database, and scan the first page of the article.
The service is available as a RSS feed.
February 29, 2008
Trademark Hussein Blog
There's only one registered U.S. mark (HUSSEIN CHALAYAN) and no pending applications containing the HUSSEIN element. Friday time waster: go to Cafe Press and put in HUSSEIN as a search term.
February 26, 2008
Too Cheap To Matter
Wired: "Free! Why $0.00 Is The Future of Business":
Zero marginal costWhat's free: things that can be distributed without an appreciable cost to anyone. Free to whom: everyone.
This describes nothing so well as online music. Between digital reproduction and peer-to-peer distribution, the real cost of distributing music has truly hit bottom. This is a case where the product has become free because of sheer economic gravity, with or without a business model. That force is so powerful that laws, guilt trips, DRM, and every other barrier to piracy the labels can think of have failed. Some artists give away their music online as a way of marketing concerts, merchandise, licensing, and other paid fare. But others have simply accepted that, for them, music is not a moneymaking business. It's something they do for other reasons, from fun to creative expression. Which, of course, has always been true for most musicians anyway.
When reading this article about the distribution of low marginal cost goods and services, consider the impact of 'free' on (1) intellectual property protection; and (2) delivery of legal services.
I note that in my practice that because of technology, there are certain activities, such as dead-hit searches, that, under certain circumstances, I no longer charge for (or subsume under set fees for other activities).
February 08, 2008
When Copies Are Free, You Need To Sell Things That Can't Be Copied
Kevin Kelly: "Better Than Free":
When copies are super abundant, they become worthless. When copies are super abundant, stuff which can't be copied becomes scarce and valuable.When copies are free, you need to sell things which can not be copied.
Well, what can't be copied?
via Dennis Kennedy.
February 01, 2008
19-0? Hopefully Misdescriptive.
Friday time-waster - do a trademark search for '19-0'
January 28, 2008
The Trademark Blog Is A "Top Little-Known Technology Web Site"
We made Information Week's list of the "Top 60 Little-Known Technology Web Sites." They ate:
If branding and trademarks are something you care about, Martin Schwimmer's Trademark Blog is an authoritative and fun read. Schwimmer is a lawyer specializing in trademark, copyright, and domain name law, and while not everything he writes about is technology-related, much of it is. Schwimmer's prolific at linking to trademark-related articles elsewhere on the Web. So this is a good one-stop site for staying up to date on trademark issues.
Better little-known than completely unknown. Woot woot!
January 17, 2008
Contents of the Current Issue of The Trademark Reporter
The Trademark Reporter® homepage has links to the full text of these articles for INTA members:
A Search-Costs Theory of Limiting Doctrines in Trademark Law
By Stacey L. Dogan and Mark A. Lemley
The Trademark Dilution Revision Act of 2006: Balanced Protection for Famous Brands
By Scot A. Duvall
Literal Falsity by Necessary Implication: Presuming Deception Without Evidence in Lanham Act False Advertising Cases
By Richard J. Leighton
Sophistication and the Sciences
By Jerre B. Swann, Sr.
Patents Compared to Trademarks: The Duty of Candor/The Avoidance of Fraud
By Tamsen Valoir and Professor David Hricik
Phoenix of Broward, Inc. v. McDonald's Corporation: Judicious Application of the Doctrine of Prudential Standing, or Unjustified Abstention from the Proper Exercise of Jurisdiction?
By Griffith B. Price, Jr.
Are Identical Marks in the Same Field of Services Likely to Be Confused? Omicron Capital, LLC v. Omicron Capital, LLC
By Heather L. Jensen
An Introduction to the New Trademark Trial and Appeal Board Rules
By James R. Robinson and Kathleen E. McCarthy
Amicus Brief of the International Trademark Association in adidas AG and adidas Benelux BV v Marca Mode, C&A Nederlanden, H&M Hennes & Mauritz Nederlands BV and Vendex KBB Nederlanden BV
By Alan Drewsen
Dedication - Richard Taylor
By Mary McGrane
January 15, 2008
Georgetown Law Event Re TTAB Practice
43(B)log: Upcoming Trademark Event At Georgetown.
December 30, 2007
Shopdropping or Reverse Shoplifting
NY Times: "Anarchists in the Aisles? Stores Provide a Stage":
Otherwise known as reverse shoplifting, shopdropping involves surreptitiously putting things in stores, rather than illegally taking them out, and the motivations vary.Anti-consumerist artists slip replica products packaged with political messages onto shelves while religious proselytizers insert pamphlets between the pages of gay-and-lesbian readings at book stores.
SHOPDROPPING is an ongoing project in which I alter the packaging of canned goods and then shopdrop the items back onto grocery store shelves. I replace the packaging with labels created using my photographs. The shopdropped works act as a series of art objects that people can purchase from the grocery store. Because the barcodes and price tags are left intact purchasing the cans before they are discovered and removed is possible. In one instance the shopdropped cans were even restocked to a new aisle based on the barcode information.
From Shopdropping.net.
December 27, 2007
Lovells IP Newsletter
Many pieces worth reading in the Lovells September (sic) newsletter I received today including:
"When Does a CTM Have A Reputation in the Community" by Verena Bomhard
"New Relative Grounds System for UK Trademarks" by Anat Paz
"Stopping Comparative Advertising in the UK" by Sahira Khwaja
"Russia's Highest court Confirms H&M's Success Against Company Name Hijacker" by Natalia Gulyaeva and Konstantin Bochkarev
"UK: Procedure To Objecting to a Company Name on the Basis of Goodwill" by David Latham
"German Supreme Court Rules Lottery Device to Promote a Savings Account is Legal" by Dr morten Petersenn.
December 20, 2007
$200k For First Year Associates
NY Lawyer and other publications report that with bonuses, New York first year associates are getting $200k at the top firms. Figure 2000 hours per year thats $100/hr in salary. Figure you have to get three times the salary, you have to bill the first year at $300/hr. Wow.
November 28, 2007
Trademark Blog Makes ABA Top 100
The Trademark Blog was selected as one of the ABA Journal Blawg 100 (it's in the 'black letter law' section. Check out the other 99 blogs.
November 23, 2007
You Can See Me on PBS Here
I was on Thursday's edition of PBS' Nightly Business Report, which focused on intellectual property.. Here is the streamed version that will be at this link until 9 PM on Friday. I appear about 22 minutes into the show.
Here's the transcript of our segment (I appear with Prof. Noveck of New York Law School).
November 11, 2007
One Laptop Per Child Program Begins Monday
Look at the One Laptop Per Child Program website which describes the creation of the $200 'developing world' laptop, designed to bring connectivity to children around the world. The limited time 'Give One Get One' program begins Monday.
October 19, 2007
Trademark Blog Live In London Oct 23-27
I'm going to be in London next week. Who wants to get together?
October 17, 2007
I Want To Thank All The People Who Made This Nomination Necessary
The Trademark Blog has been nominated for "Best NY Blawg". Vote early and often here. Quizlaw and Overlawyered are pretty good blogs, btw.
September 28, 2007
November 2: Amateur Hour Conference in NYC
Get CLE Credits! See me twirl plates on sticks while humming "Saber Dance" by Khachaturian! From the NY Law School website:
On November 2, 2007, the Amateur Hour Conference (www.nyls.edu/amhr) will convene leaders in business, law and technology to address the opportunities and challenges of user-generated creativity to traditional media, entertainment law, and business.
From television (YouTube and Revver) to advertising (Craigslist and consumer-made TV ads) to movies (Machinima) to photography (Flickr and iStockPhoto) to news (blogs and citizen journalism), technology is enabling amateurs to produce and distribute high-quality product that people want to watch, read, consume, buy, and re-use. Media and entertainment businesses are faced with a range of business, legal and management issues that are both new and challenging. This conference seeks to bring together all the players in this new media environment to discuss the future of user generated content and existing media businesses.
Among the questions that will be explored at this year’s conference are:
What are the innovative legal arrangements that can be deployed to channel amateur production and distribution for success and profit?
What are the legal risks in giving your output to people who are not under your control?
What new business models enable traditional businesses and amateur contributors to collaborate?
How can new markets for participatory media be created capitalized upon?
What are the latest tools, technologies and online platforms to enable user-generated creativity and successful business?
Please join us at New York Law School for this first Amateur Hour Conference. By bringing together attendees from law, business and technology, the event promises to be educational and entertaining. Participants will be eligible to earn CLE credit.
September 18, 2007
Trademark Blog Live in Lake George, Oct 5 to 7
The Intellectual Property Law Section Fall Meeting will be held Thursday October 4 through Sunday October 7 (that's Columbus Day Weekend), the height of leaf season in Bolton's Landing (Lake George) NY. THe brochure is here.
On the Saturday I will be moderating a panel on "IP Issues In Virtual Worlds", joined by Francis X. Taney, Jr. of Buchanan Ingersoll and Kristin Green of Microsoft.
Limited hotel rooms are still available.
September 11, 2007
And They Still Haven't Caught The Guy
My wife dropped the big boy off at Kindergarten, I dropped the little guy at pre-school. I crossed Eighth and 23rd and an emergency vehicle took the corner exceedingly fast, the pedestrians jumping back onto the curb. One woman crossed herself and I thought "you don't see that much anymore." Growing up, there were people who would cross themselves when a car backfired. Not so much these days.
So I'm thinking this sort of stuff when I enter my buidling and the doorman says "Two planes crashed into the World Trade Center." And I say "Two planes collided in mid-air and fell into the building?" and he says 'No, one flew into one and one flew into the other."
So I knew it was terrorism. In the elevator going to my apartment I'm thinking about a 1945 photograph from when a B-25 crashed into the Empire State Building. You hear that a plane crashed into the Empire State Buidling and you're amazed and then you see the photo and it's only a tiny hole. So that's what I'm visualizing.
I get to my apartment and my wife left a note that said 'Go to the roof.' So I go to the roof and there's a crowd of people, many of them with cameras.
And I see the jagged orange line across the entire North Tower.
And my brain starts running through rescue scenarios - maybe they can land helicopters on the roof or something. And eventually I conclude that everyone above the orange line is going to die and I suddenly feel ashamed that I'm staring. So we go back to the apartment.
The rest of the day was punctuated by shock and awe. Learning that those were commercial liners, learning that the Pentagon was hit (and wondering if we were at war with China), seeing the towers fall, waiting on line to give blood at St Vincents. But no one needed blood.
Going to a supermarket that evening. No one said a word. Everyone was thinking about how the rest of their life would be different.
The first flyers went up the next day (that, by the way, imho, is what the Memorial should look like - photos of people holding kids, people laughing at parties, on flyers, where someone who loved them scrawled "Have you seen?" hastily).
And bit by bit we learned of friends and colleagues who were 'involved.'
I've driven past Gabreski Air Force Base in Suffolk County, New York many times. There's a jet fighter on permanent display, on which it is painted "NEW YORK AIR GUARD." There's one in front of Westchester Airport as well.
I used to understood that to be a promise of protection. Now of course it's obvious that it's meaningless.
Al Fross
Al Fross died five years ago today.
September 05, 2007
More Important Than Pretty Much Anything I Would Have To Say On Trademark Law Today
. . . would be what Jack Goldsmith has to say about the 'Torture Memos' and the manner in which the Administration went about matters such as surveillance and interrogation.
August 30, 2007
"IPhone Hackers Could Face Legal Battle"
WaPo: "IPhone Hackers Could Face Legal Battle"
"Unlocking the phone for one's own use, for instance to place calls with a different carrier, appears to be legal. But if it's done for financial gain, the legality is less certain."
August 23, 2007
Blog Rating Site: Discuss
Remember, MPAA owns trademarks in its ratings. Now review this do-it-yourself rating site. HT Prof Froomkin.
August 15, 2007
Trademark Blog Live On Tape: Online Branding Podcast
The good people at Thomson CompuMark have made available a podcast and the Powerpoint slides of my presentation "Internet Law: Online Branding Issues".
Perhaps you would like an interactive TRADEMARK BLOG LIVE presentation, customized for your organization. I have presented to bar associations, trade groups, law firms and private firms on:
U.S. Trademark Law
International Trademark Law
Online Branding Issues (including domain names and search engines)
Blogging Legal Issues
Contact me at marty at schwimmerlegal dot com for details.
August 08, 2007
Live Webcast on 'Blog Law' Today
I will be participating in a webcast: "A Primer on Blogging" for Virginia Continuing Legal Education today.
August 05, 2007
Light To No Posting Until August 13
Family vacation. Small children really do say 'are we there yet?' incessantly.
July 26, 2007
Social Networking Tools Poll
Are any of you guys using 'social networking apps' such as Facebook or Twitter?
The "ask a question' app and the staus update function on Facebook both seem to be efficient means of conducting (non-confidential) polls of colleagues. The Group function seems to have potential as well (in that its less distracting than a listserv for a discussion group).
Look me up on Facebook and check out the Between Lawyers group.
July 25, 2007
I Think The Witness Has To Say Unambigously "I Invoke The Privilege"
July 19, 2007
The View Out My Window
I work in the Chrysler building, across from Grand Central. I was packing to go home when I heard what I thought was thunder but the grumble didn't subside. The lights dimmed for a second. The noise continued, grew louder even, and I thought that it was perhaps a piece of HVAC equipment on the roof of the building next door. I looked out my window and saw maybe 100 people running along 42nd St towards Third Avenue, looking over their shoulders, as if chased by something. I lived downtown that day. I had that feeling again.
I ran out of my office (not grabbing my cell phone) and shouted 'does anyone know what's happening? The head of the firm ran by and said "the building next door blew up, evacuate the building." I decided not to go back for my cellphone.
How long do you think it takes to run down twelve flights? 100 seconds? 120 seconds? When the building is shaking and there is a sound you associate with a building collapsing, it takes forever. Women were kicking off their shoes. They opened the loading dock onto 43rd St. We expected to see clouds of dust, but there weren't any. We ran to Third Avenue, and I could see an enormous cloud, larger than a building. But the cloud was white. People were taking photos with their cellphones. Some people were covered with specks of mud.
I got home an hour and a half late, that's all.
July 18, 2007
But You Can't Sue A Wire Service On Product Liability Grounds
Not really trademark law but may be of interest to those in communications or those who drink water and eat fish.
I read an AP report reprinted in Forbes on the Japanese earthquake and came across the following:
"Tokyo Electric Power Co. also said about 400 barrels containing low-level radioactive waste at the Kashiwazaki-Kariwa plant were knocked over, and the lids had come off 40 of them, as a result of Monday's deadly 6.8-magnitude quake. The announcement revised the company's earlier estimate of 100 tipped barrels.
"We made a mistake in calculating the amount that leaked into the ocean. We apologize and make correction," Tokyo Electric said in a statement. Spokesman Jun Oshima said the amount of radioactive water that leaked into the Sea of Japan was still "one-billionth of Japan's legal limit.""
Ok, tell me if I'm off-base here.
Sometimes immediate analysis is 'begged' by the information being reported. Without it you're a steno service for information that doesn't make sense.
So would we assume that barrels of radioactive waste, especially barrels stored near flowing water, would be constructed in a such a way that the lids don't come off if the barrels are knocked over.
If so, then the report that 40 barrels of radioactive wastes were knocked over and the lids came off BEGS for a follow up sentence as in:
1. the lids were built to withstand X force and this was 2X; or
2. it is unclear at this time why the lids came off.
So to not have either sort of sentence is to put out a faulty product on the part of AP and Forbes.
July 10, 2007
Well That Was Seven Minutes Shot To Hell, Now Your Turn
John Welch blogged about a trademark dispute between Leo Stoller and George Brett. The Seventh Circuit referred to George Brett's famous pine tar bar incident. John linked to a YouTube clip of the incident and in a moment of weakness I watched the whole thing in slack-jawed amazement. Questions arise:
1. How is a batter advantaged by pine tar high up on the bat?
2. How did the Yankee announcers know immediately that the Yankees were complaining about pine tar being too far up the bat?
3. What current White House administration refuses to turn over evidence, thus, like the Royals, creating a presumption of guilt? (and note the irony that it's Gaylord Perry who is accused of hiding the bat).
Update: Wikipedia on the Pine Tar Incident.
July 05, 2007
Farfour / Mickey Mouse
The character of Farfour, the Mickey-Mouse lookalike on a Palestian children's tv show, was seen on the show being beaten to death (off-camera) by characters identified as Israeli interrogators desiring the deed for his land in Tel-Aviv.
Translation from the MEMRI, the Middle East Media Research Insititute.
July 02, 2007
Who Needs The Kwik-E-Mart?
"Simpsons Get Real-Life 'Kwik-e-Marts"
"The Fox/7-Eleven deal is an example of a practice called reverse product placement. Instead of just putting products prominently in a movie or TV show, fake goods move from the screen to reality."
Albuquerque Isotope dispute here.
Famous products that don't exist here.
June 20, 2007
We Charge Extra to Talk Dirty About Trademarks
A while back the sex columnist from Esquire called me up to ask whether, in theory, a new sexual position could be protected. Well, let's see. A physical position probably couldn't be patented, although devices to enable the position could be. The idea of a new position couldn't be copyrighted, but, viewing a sexual position as analogous to choreography or yoga, some fixation of the position, such as a book of diagrams, or a video, could be. As for trademark, the inventor could name the position and then merchandise it.
The column is out now in the July issue of Esquire (no online version available - I'll email it to you). Oddly, the column didn't contain the comprehensive discussion of intellectual property law that I thought was warranted, opting instead for an illustration of naked people. Well, whatever turns you on.
June 12, 2007
New IP Blog: The Gray Blog
The Gray Blog, concentrating on the gray market, from the law firm that brings you The Counterfeit Law Blog.
June 06, 2007
I'm At My 25th College Reunion
See you on Monday.
June 01, 2007
Jeff Brandt
If you were fortunate, then you got a chance to know Jeff Brandt. He died unexpectedly at the age of 52, on Wednesday, most likely of a heart attack or stroke. He was a loving husband and father, a doting grandfather, and a talented laywer (he was involved in the issuance of one of the first business process patents). One of his clients said to me today "he was an entrepreneur's best friend." He was a good guy and a straight shooter and my friend and I will miss him.
May 20, 2007
The Trademark Blog Is Five Years Old
1,825 days of blogging. Here are posts from five years ago, typos and all.
May 18, 2007
Introduction to Trademarks Podcast
Proving that I have the face for radio and the voice for print, I recently recorded two podcasts with the lovely and talented Colette Vogele, San Francisco IP lawyer and podcast empresario.
The first podcast is about Trademark Application Basics, and is intended to address the sort of issues raised in that first phone call between prospective client and the tm attorney.
Topics include:
Forming the attorney-client relationship
Conflicts of interest
Lanham Trademark Act
US Trademark office search site
US Trademark office on how to register
The second podcast, which could be titled "I got a demand letter - what do I do now?" attempts to summarize all trademark law in 20 minutes.
Topics include:
Lanham Trademark Act
Anti-cybersquatting act
UDRP
Declaratory Judgment Act
Amercan Blind vs. Google case
You can subscribe to Collete's IP podcast 'Rules For The Revolution' through iTunes.
May 14, 2007
Help Me Write My May 22 New York Speech
I will be one of the speakers at Thomson Compumark's IP Law Educational Forum: "Trademark Law and The Internet." IT will be May 22, 9 AM, at Thomson Compumark's offices on Fifth Avenue.
Trademark Law and the Internet is a big topic. It could include:
Domain name policing
International domain names
Search engine keywords
Personal jurisdiction
Policing counterfeits
Intermediary liability (i.e. eBay)
User Generated Content Issues (MySpace)
What would be useful stuff for me to talk about? Email me at marty at schwimmerlegal dot com.
UPDATE: An anonymous colleague writes that the only thing people want to discuss at the conferences he goes to is keyword advertising. True?
UPDATE 2: A different anonymous colleage writes that keywords have been done to death and that I should discuss domain-tasting. Modifying that slightly, how about a discussion of the minefield that is registrar-delete, redemption grace period and sunrise periods and that fun stuff?
UPDATE 3: I should point out that Thomson will make available a podcast of the May 22, therefore, even if you live south of 14th Street or north of 57th Street and can't make it, you could still email me a question/issue, and hear it discussed. 98 people have signed up so far and I hope to tap into the collective wisdom in the room.
May 12, 2007
Broadcast Law Blog
Davis Wright Tremaine: "Broadcast Law Blog"
May 03, 2007
Chicago IP Litigation Blog
I met David Donoghue at the 'meet the bloggers' thing Monday night. You should check out his Chicago IP Litigation Blog.
May 01, 2007
Bloggers Met By 60
Unreliable estimates place the crowd at 60 last night at MEET THE BLOGGERS III. Thanks to everyone who stopped by. Thanks to the Billy Goat Tavern. Thanks to John Welch for organizing the event. Maybe we'll do a mid-year, maybe not, otherwise see you in Berlin. Photos here.
April 30, 2007
After the Blogging Thing, Kingston Mines Tonight
After the blogging get-together tonight at the Billy Goat Taven (which, I am told, is below street level so look for the stairs), a bunch of us are meeting up at Kingston Mines (a blues club), 2548 N. Halsted.
April 27, 2007
Trademark Blog Live In Chicago Monday April 30
Here's the map of where the meet the bloggers thing is Monday night, 7:30 to 9:30. If you'd like to say hello and can't make it Monday night, drop me a line - marty at schwimmerlegal dot com.
April 23, 2007
Utah Denied Top Spot On Worst Internet Law List
Prof Goldman: "The Best and Worst Internet Laws" (Utah places 4 out of top 10 but losts out to CDA.
April 20, 2007
Practice Pointer of the Week
Why didn't I think of this? Why didn't somebody tell me this before? Teach yourself to compile your emails from the bottom up. First, if there's an attachment, attach it first. That way you avoid having to send the "Oops, this time with attachment" follow up. Then compose your email before you address it. That way you avoid firing off an incomplete email. No tip yet for avoiding mis-addressing emails other than never use 'reply to all' and never trust auto-fill.
Thanks for the tip to Matt Holmann of LexThink.
April 19, 2007
Trademark Blog Live In Chicago Monday April 30
Billy Goat Tavern, 430 N. Michigan, Monday Night, April 30, 7:30 to 9:30. Convenient to all buses going to bigger better financed INTA parties. Ron Coleman of Likelihood of Confusion, John Welch of TTAB Blog and a domestic shorthair from IPKat will be signing copies of their blogs. My colleagues from Moses and Singer will buy you a drink. Special prize to the best avatar.
April 18, 2007
World's Oldest Trademark Available?
In 2002 we reported on some of the oldest business names in the world. The Japanese business KONGO GUMI, reportedly founded in 578, was a possible winner. Alas, Business Week reports that Kongo Gumi, family-run all those years, has gone out of business.
April 16, 2007
Another Profession Taken Over By Robots
Via Boing Boing, Robots act as 'touts' for sex clubs in Osaka. It's a long and involved story but there's an interesting speech issue, and an interesting agency/principal issue.
April 09, 2007
"There Is No Such Thing As Easter Monday"
A couple of years ago I was representing a British client who was buying an asset from someone who was represented by an attorney at one of San Francisco's preeminent law firms. When she called me to see when my client would wire funds, I said "today is Easter Monday, a bank holiday in the UK, so my client can not wire funds today," she said:
"F*ck you. There is no such thing as Easter Monday."
I think of her every year on this day.
April 04, 2007
You Can Own the PONY EXPRESS Trademark
Eccomerce law: "Pony Express Marks Being Auctioned Online."
April 02, 2007
"Sports Organizations Try To Limit Online Reporting"
NY Times: "Sports Organizations Try To Limit Online Reporting":
"When the Pan American Games start in Brazil in July, thousands of top athletes will run, wrestle and leap, but they will not be able to indulge in one popular daily exercise: blogging.
Neither will their doctors, coaches or massage therapists, in a blanket ban affecting some 7,000 people during two weeks of competition ending July 29 in Rio de Janeiro."
March 16, 2007
What Should We Do In Chicago for INTA?
Go to a blues club? Hire a DJ? What?
March 11, 2007
Deja Vu All Over Again
"Edison was adamant that Edison recordings would be played only on Edison phonographs. His competitors, Victor and Columbia, shared the same playback technique, etching a laterally cut groove that sent the needle moving horizontally as the record played. Their recordings could be played on one another’s machines. Edison, however, adopted his own design, a groove that varied vertically, called at the time a “hill and dale” cut. An adapter permitted Victor records to be played on an Edison Disc Phonograph, but Edison forbade the sale of an attachment that permitted his records to be played on competitors’ machines."
From "Edison the Inventor, Edison the Showman" - The New York Times.
March 06, 2007
Attention New York-area Law Students
Observe the romance and adventure of trademark law close up. If you're a 2L or 3L New York-area law student, and you'd like to work for me this semester part-time, send a resume to marty @ schwimmerlegal dot com. 'Demonstrated interest in intellectual property,' as they say. Offices in mid-town.
March 05, 2007
Pretty Big News, At Least For Me
Effective immediately, in addition to my ongoing role at the Schwimmer Mitchell Law Firm ("SML"), I will be Of Counsel to the New York law firm of Moses & Singer LLP ("M&S"). The Schwimmer Mitchell Law firm continues business as usual. And to answer a question several of you have asked, yes, the Trademark Blog will continue, unchanged.
The new relationship will create exciting opportunities for SML clients. Moses & Singer has an active, nationally recognized transactional, litigation and counseling practice in the fields of entertainment and intellectual property law. The firm has long been a key advisor to companies of all sizes and individuals in a variety of industries including television and motion picture; book, periodical and music publishing; recording; electronic media; and the performing arts. My affiliation with M&S will enable me to introduce clients who need such services to a group of experienced, respected and highly responsive lawyers in other practice areas outside the scope of my current practice, including major intellectual property litigation in the copyright and patent areas.
I should point out that any opinions expressed in the Blog are either my own or stolen without attribution, and are not the opinions of Moses and Singer.
February 21, 2007
Text Of Apple/Cisco Statement On Settlement
SAN JOSE and CUPERTINO, California—February 21, 2007—Cisco and Apple® today announced that they have resolved their dispute involving the “iPhone” trademark. Under the agreement, both companies are free to use the “iPhone” trademark on their products throughout the world. Both companies acknowledge the trademark ownership rights that have been granted, and each side will dismiss any pending actions regarding the trademark. In addition, Cisco and Apple will explore opportunities for interoperability in the areas of security, and consumer and enterprise communications. Other terms of the agreement are confidential.
February 09, 2007
'Hybrid' Hourly/Contingency Billing For IP Litigation
Our Firm recently represented an IP owner who alleged that goods sold
by defendant infringed its rights. A complaint was
filed in federal court. The matter was ultimately settled on
favorable terms.
A matter such as this is amendable to being handled on a 'hybrid' billing basis. In such an
arrangement, representation is on a contingent recovery basis,
however the initial work is billed on an attorney/time basis. After
a billing threshold is reached, the parties can then re-negotiate the
billing arrangement (typically at a point by which discovery has
begun, and therefore the parties have more information on which to
base decisions as to the likelihood and scope of a financial recovery).
The advantage to a client of such an arrangement is that it can
control its litigation expenses while exploring the strength of its
claim. The advantage to the outside firm is that it can moderate the
risk involved in undertaking a contingent fee arrangement.
If you are an IP Owner and have questions regarding such arrangements, please contact us.
February 02, 2007
Is The US Government Spending $60 Million On A Pork Trademark?
After I posted about the THE OTHER WHITE MEAT demand letter below, I was going to pose a question to the readership: what are the risks in sending dilution-based demand letters? In view of the rapid take-up of this story on the web, one answer seems to be: Don't send a demand letter to a blogger if the subject matter is breasts, as they make for good copy.
However another issue, raised in one of the forums blasting the Pork Board, caught my eye. It seems that the US Government, through the National Pork Board, owns the PORK, THE OTHER WHITE MEAT trademark, and that they are paying $3 million a year for twenty years, to the private pork trade group, which apparently developed the mark.
The National Pork Board appears to be funded by a 'pork check-off,' a payment made by pork producers. Which raises more questions:
Is paying $60 million for the trademark a method of refunding the pork check-off to the pork producers?
Who pays for the PORK, THE OTHER WHITE MEAT ad campaign?
Who pays for the demand letter sent to the breast-feeding website?
The slogan "THE OTHER WHITE MEAT" seems, on its face, not to merely encourage an increase in consumption, as the GOT MILK? campaign does. It seems to encourage substitution of pork for other forms of white meat protein, presumably chicken and turkey. Assuming that pork, when eaten in moderation, is as healthful as chicken and turkey (and that might not be a reasonable assumption), should a government agency levy producer taxes to promote product substitution (as opposed to merely promote increased per capita consumption).
I'm not familiar with the use of trademarks for 'check-off' programs so more information, resources, views, will be appreciated.
January 23, 2007
Your Logo Here
Well, I should have anticipated that, but the first people to contribute logos to the pageant of trademarks slide show, sent in logos for their own trademark firms. But, given that both logos had artistic merit, they have been included.
You can add to the show by emailing a JPG or a PNG (no other format) file to TRADEMARKS at CELLBLOCK dot Com. No subject heading is necessary. I monitor all submissions.
Remember, the button bar at the bottom of the Cellblock viewer allows you to go forward and backward, change the speed, and allow for full screen viewing (turning it into a nifty screen saver).
January 21, 2007
Join The Never-Ending Pageant Of Trademarks: Send Me A Logo
The thing on the right side of the template (RSS users - you have to go the html version to see this) is called a CELLBLOCK (tm) graphic viewer (disclosure - it's created by my client, Gloto). The cool thing is that anyone can add an image by simply attaching a JPG or PNG file to an email and sending it to TRADEMARKS at CELLBLOCK dot COM. I monitor what gets sent before it's uploaded, so no funny stuff.
At the bottom of the CELLBLOCK frame you will notice a control bar. The buttons on the bottom left allow you to advance to the next image. The slider in the middle allows you to advance the speed of the show. The button on the far right allows you to make the display go full screen - turning the CELLBLOCK into a screen saver.
So if I have left out your favorite logo, please email it to TRADEMARKS at CELLBLOCK dot COM. If you're on the road see some particularly beautiful specimen of a trademark, snap a photo and email it from your cellphone.
If you want a CELLBLOCK of your own, go to CELLBLOCK.COM.
January 14, 2007
January 10, 2007
Beatles Sue Apple Over iPhone
"No, just kidding" said an Apple Records spokesperson.