NewLawyer.com Spammed Me Yet Again
I don't understand why their telemarketers don't mark their records "do not call - angry abusive guy threatens suit."
November 02, 2009
October 21, 2009
There Is A Scam (Still) Going Around In Which Law Firms Are Being Targeted
A approaches a law firm and says that they've negotiated a settlement in principle with B, and can the law firm please eyeball the final agreement. The settlement will be about $280k and you can keep $5k for 1 or 2 hours of work. A is to be paid by wire upon receipt of a certified check from B made out to the law firm. The certified check arrives and the law firm deposits it. The scam depends on the hope that the firm will mistakenly think that a certified check is like depositing cash, and will therefore immediately wire the balance to A. However, the certified check is forged.
Note: This scam is going on presently, while this post from the North Carolina Bar Association indicates that it has been around since at least May 2008 (and is of course a variation of the 'classic' bank frauds). The post contains practice pointers and red flags.
October 15, 2009
Question For Discussion: The Ralph Lauren DMCA As Object Lesson
Ralph Lauren ran a photo of a model that seems obviously re-touched (the photo, not the model). A website ran the photo in order to ridicule it. Ralph Lauren sent a DMCA letter to the site and another which reported on the photo. The website re-printed the photo and the DMCA letter. Sites like mine re-printed the photo and reported on the controversy. Ralph Lauren released a statement that the image was 'mistakenly released' and was 'inconsistent with our creative standards and brand values.' Then it was reported that the model was fired for being too fat.
Discuss.
October 11, 2009
Who Owns the TAVERN ON THE GREEN Trademark?
This article says that New York City claims that it does. Meanwhile the operators of the predcessors of the now-bankrupt restauarnt are the title owner of incontestable registration no. 1154270 (good job of reporting there guys). I see why the City would want the name - they own the land and a future leasee would certainly want the option of naming the new restaurant Tavern on the Green. There must be forty years worth of leases covering the parties' rights.
I did a search of EMINENT DOMAIN TRADEMARK and came up with this and this.
Some sort of sovereign immunity to Section 15, perhaps?
Generic term for taverns on greens?
UPDATE: I note that hte registration is in the name of Tavern on the Green LP. Articles indentify the bankrupt operator as Tavern on the Green LLC. These articles identify the LeRoy family as having control over the restaurant through a series of entities.
August 24, 2009
Miller Analogy Test
Demand letter is to embarrassing information as high speed fan is to friable asbestos. Discuss, after reading this.
August 03, 2009
Rainy Day Fun: SPEZIFY
Go to the SPEZIFY search engine and type in any word.
July 13, 2009
Follow The Trademark Blog on Twitter
For one thing, I'm posting more often to the TrademarkBlog Twitter account.
July 06, 2009
Do You Get What You Pay For When It's Free?
Chris Anderson wrote a book called Free. It discusses the downward pressure information technology exerts on content. Background here.
The NY Times reviewed it and considered it sloppy, for a start.
Malcolm Gladwell reviewed it in the New Yorker and criticized the whole thesis.
Seth Godin disagreed with Gladwell, writing a post entitled "Malcolm is Wrong."
Fred Wilson provides a VC perspective as to the use of 'free' in building market share.
Many other posts on the the topic of 'free' spiral out from these posts.
June 28, 2009
PLATO Modeling Compound
From here.
June 26, 2009
Michael Jackson Was A Credited Inventor For A Patent For Moon Walking!
Method and means for creating anti-gravity illusion Michael J. Jackson et al
I'm serious. I thought I would distinguish myself by not mentioning Michael Jackson today, but then someone posted a link to patent 5,255,452 for "Method and means for creating anti-gravity illusions." I'm told that this is (was) a real patent!
June 18, 2009
Are You A Fantastic TM Paralegal In The NY Area?
Are you a fantastic trademark paralegal in the NY area, with experience in domestic and international trademarks, as well as domain names? If you're contemplating a move, please send a resume to mschwimmer (at symbol) mosessinger dot com. Note: if you are a recent law school grad, then this would not be a good opportunity for you.
June 12, 2009
Attention Every Other Trademark Firm In The Word
You only have a few more hours left to send me client alerts about the Facebook username thing.
June 10, 2009
INTA Announcement on Facebook 'Landrush'
Just received a 'broadcast' email from INTA about the upcoming Facebook "landrush' on personalized URLs. I think that this is sorta unusual: other than in the context of domain names, I can't recall INTA taking a proactive stance on a 'private' matter before this. Could be wrong:
Dear INTA Member:
The International Trademark Association would like to inform you of a recent development regarding the use of trademarks on social networking websites.
On Tuesday, June 9, Facebook, Inc., a social networking website company based in the United States, publicly announced that beginning Saturday, June 13th at 12:01 a.m. U.S. EDT, users of the Facebook website will be allowed for the first time to create personalized URLs for their Facebook pages (facebook.com/yourname).
Facebook, Inc. has created an online form for rights owners interested in preventing their trademarks from being registered as usernames by Facebook users.
Trademark owners can reserve their trademark on the Facebook platform by submitting relevant information to Facebook, Inc. through their trademark protection contact form, available at http://www.facebook.com/help/contact.php?show_form=username_rights.
If you have further questions or concerns, please contact Facebook directly or see its Frequently Asked Questions (FAQ) page, available at http://www.facebook.com/help.php?page=896.
Thank you.
June 03, 2009
"What Will Journalism Look Like?"
FastCompany.com: What Will Journalism Look Like?
June 02, 2009
Twitter CEO On Authentication Of Names Of Twitter Commercial Accounts - Should Twitter Charge or Should Twitter Pay?
From a WSJ interview between Walt Mossberg and Twitter CEO Evan Williams and co-founder Biz Stone. Mossberg had asked Williams about whether commercial accounts on Twitter would be a good idea.
MR. WILLIAMS: The theory is this: There is a lot of commercial usage on Twitter today. There are lots of big brands on Twitter, using it as a marketing, communications and customer-support vehicle. There are small businesses using it to just connect with their customers and build relationships.It seems like we can maybe offer them things to do that more powerfully and more efficiently, and things that don’t interfere with and actually benefit consumer users.
MR. MOSSBERG: Give me one or two examples.
MR. WILLIAMS: People are fans of Dunkin' Donuts. They have a relationship with the company, they go there every day. Dunkin' Donuts is using Twitter to communicate with those people. There are people who are finding value in that. There’s thousands of people, I don’t know how many thousands now, following Dunkin' Donuts.
So if that’s the case, if you are a new user to Twitter and you stumble across Dunkin' Donuts, the first thing you want to know, is this really Dunkin' Donuts? If you’re Dunkin' Donuts and you have a brand to protect, you want to look legit, and you want to make sure no one else is trying to interfere with your brand.
MR. MOSSBERG:Like a Starbucks pretending to be Dunkin' Donuts. So the first thing is you have some way for Dunkin' Donuts to establish it’s really them?
MR. WILLIAMS: A service we could offer as the middleman.
MR. MOSSBERG: Some sort of authentication.
MR. WILLIAMS: Say yes, this is Dunkin' Donuts. We check them out. It’s something that will take us manual effort to do and a little time, so we’ll probably want to charge money for that.
Now, to be fair, this is a hypothetical conversation about a hypothetical service so we're just talking here. Having said that, my immediate reaction was kneejerk - Twitter proposes to charge Dunkin' Donuts so that it's not confused with the x number of Twitter users who are infringing Dunkin' Donuts? What nerve! How about instead, Twitter merely does not commit contributory infringement by not allowing x number of users to infringe Dunkin' Donuts.
But there's another way of looking at it. There can be the universal not-necessarily commercial, unregulated, unzoned Twitterverse, where the Twitter name EXAMPLE does not imply that it is the sole source of EXAMPLE goods and services (just as the gmail address EXAMPLE@GMAIL.COM has little impied authenticity; and inside the universal unregulated Twitterverse is the commercial regulated zoned Twitterverse, where the Twitter name EXAMPLE does function as a trademark. And it seems plausible to charge for maintaining that commercial zone.
May 16, 2009
Trademark BlogFest World Tour - Seattle - Monday 6 to 9
Details here. And if you can't make it then but want to meet up in Seattle - email me at marty at symbol schwimmerlegal dot com.
May 15, 2009
You Will Be Able To Follow The INTA Meeting On Twitter
INTA will be tweeting updates about the annual meeting - follow here.
And don't forget to follow the Trademark Blog here.
March 30, 2009
Resources For Tonight's Discussion on the Facebook 'Content' ToS Issue
"The Updated Facebook Policy: Who Owns Your Posted Information"
The talk will be at 6 PM tonight at NY Law School, Wellington Conference Center, C Building, 5th Floor.
The Facebook Terms of Service.
The Consumerist Blog piece that started the flap.
Mark Zuckerberg post on the Facebook blog.
SF Gate article of 2008 discussing 'contradiction with ToS.
March 16, 2009
Some Net Policing Tools via Plagiarism Today
March 14, 2009
What Was It I Was Thinking About?
Something to ponder this weekend:
First, there's this must-read piece by Clay Shirky. It's a little bit about content, more about the disingration (and atomization)of the newspaper business).
Then, check out the various links contained in this Time piece about the Stewart/Cramer dust-up (note especially Prof Balkin's meditation on the corruption and degradation of journalism, specifically business journalism).
March 02, 2009
Fun To See How This Skittles Twitter Thing Turns Out
OK, your advertising company, quoting the whole cluetrain conversation thing, proposes that you change your homepage to a realtime reproduction of the Twitter search results configured for your brand. In other words, if someone tweets "I love BRAND", it shows up on your home page within seconds.
What do you think? You know that the several million Twitter users are going to check it out at least. Plus the attendant press coverage.
The Skittles.com experiment so far.
Twitter's Terms of Service with regard to re-publishing posts here.
February 11, 2009
There's No Problem
I've just been really busy with this law thang.
January 21, 2009
Exclusive Rights: Copyright Blog
Exclusive Rights is a copyright blog written by an in-house attorney with enormous round hands.
January 12, 2009
INTA Letter To Obama Transition Team
INTA letter to Obama transition team advocating anit-counterfeiting efforts, participation in international agreements and in the ICANN process. No mention of me as suitable candidate for IP Czar.
January 08, 2009
TTABlog: TTAB Issued 55 Precedential Decisions in 2008
January 06, 2009
Photo Attorney Blog
I apologize for not linking previously to the Photo Attorney Blog, which apparently has been around since February 2005.
December 18, 2008
This Cheered Me Up Today
In the context of mostly depressing world news, I was encouraged to know that smart people are making progress towards solving important problems.
December 17, 2008
Everything Must Go
From today's Wall Street Journal's corrections:
The name of home furnishings retailer BED BATH & BEYOND was misspelled as BED BETH & BEYOND in a Marketplace article Friday on retail liquidations.
December 11, 2008
"A Requiem For Cease & Desist"
Plagiarism Today: "A Requiem For Cease & Desist"
December 03, 2008
eBay As A Legal Defense Fund
USe of eBay to help fund a lawsuit against Monster Cable (this listing will expire eventually - Monster Mini-Golf is selling 'pieces' of its litigation for $1, to help fund its defense against Monster Cable. More criticism of Monster Cable here.
December 01, 2008
Sir Hugh Laddie
Patry: In Memoriam Sir Hugh Laddie
IP Podcast
Friend of the blog Prof Eric Goldman appears in the new IP Colloquium podcast, "Privacy in a Networked World":, hosted by Prof. Doug Lichtmann. The podcast will look at the 'constraints the law places on the acquisition, storage and use of persona data, and the trade-offs in collecting such data. And don't forget the CLE.
November 25, 2008
Please Nominate Me For IP Czar
Wired is taking nominations for IP Czar. Both Profs. Patry and Lessig would be better choices than me, but if selected, I will work hard to enact an economic stimulus package consisting of iTunes gift cards for everybody.
November 24, 2008
Do You Have Nude Pictures Of Your Wife?
There's something missing in this BBC story. A man leaves a cellphone containing nude pictures of his wife, in a McDonalds. Someone posts the pictures on the Internet. The man sues McDonalds. What the article doesn't report is what theory the man came up with as to why this is McDonalds' fault.
I meet my fair share of non-US lawyers, and the one US case they all seem to be familiar with is the one where the woman sues McDonalds for spilling hot coffee on herself.
November 20, 2008
Should I Become a British Solicitor?
I received a solicitation today to become a UK solicitor from these folk. I'd rather 'take silk' and become a barrister so that I can wear the robe and the horse hair wig. I could use the wig. The trips to court might be onerous.
November 19, 2008
Good Design Is Timeless And Some Times Contentless
. . . I was tempted to add "and Mindless." In any event, here is a discussion of how well designed the Drudge Report is.
Trademarks I Have Seen con't
November 16, 2008
Something To Keep In Mind Re Social Networks
November 15, 2008
"Spam Reduced 66% Worldwide After One Company Shuttered"
Washington Post: Spam Reduced 66% Worldwide After One Company Shuttered"
DomainNameWire: "ICANN Cuts EstDomains, Spam Down 75%"
November 04, 2008
COOLEST. COUNTRY. EVER.
God Bless Our Country.
October 30, 2008
"Common Law Trademarks On The Internet"
Brian Berlandi: "What State Am I In: Common Law Trademarks On The Internet":
This essay explores the interaction between common law trade- marks and the Internet—a relationship that has yet to be scrutinized by the intellectual property and Internet communities. More specifically, it strains to identify a common law mark’s territorial zone of protection with respect to the Internet. This is an ambitious endeavor from the start, for there is no case law or published academic material available or directly on-point. As a result, this essay will not be a critique of judi- cial precedent or academic opinion. Instead, it offers a premonition of future case law and a foreshadowing of legal scenarios that might soon be faced by common law trademark owners throughout the U.S.
HT: Steve N.
October 16, 2008
Who Is the Real Joe The Plumber?
JoeThePlumberSeattle.comhttp://www.joetheplumberseattle.com/
and let's not forget ">the White House Plumbers.
. . . and Josephine the Plumber.
October 02, 2008
My Webinar On Tiffany/eBay/'middleman liability' is today at 2 PM EST
I am told that over 500 people have signed up to hear the webinar today so, against a backdrop of over 6 billion people on earth, by participating you will be within an exceedingly select group. Details here.
September 29, 2008
"What Trademarks Say About Economy"
Philadelphia Inquirer: "What Trademarks Say About Economy":
When trademark filings are up, it's a good sign that the economy is humming along. But if they go up too fast, you may have a bubble on your hands. Or if they start to tail off after years of modest growth, there might be a recession in the offing."We are seeing applications now in 2008 going down, but they are dropping less sharply and fiercely than they did in late 2001," during the last recession, said Gundersen.
In 2000, trademark filings hit what was then an all-time high of 287,000, but then fell off more than 25 percent the following year, according to Gundersen's analysis. It wasn't until 2007 that they finally passed the record set in 2000 by topping 300,000
I'm Suspending My Blog . . .
. . . until the Mets get a new bullpen. This may be a while.
September 24, 2008
My Contribution
I officially offer to file an application for TROUBLED ASSET RELIEF PROGRAM and catchy TARP logo, on behalf of the US Government, attorney fees waived.
By the way, I'm announcing a "design a snappy TARP logo' contest. Winner gets 1 share of stock, ticker symbol LEH.
And this guy was on the ball:
Domain
troubledassetreliefprogram.com:
Springbok Media Inc.
PO Box 438, Palm Grove House
Road Town, Tortola VG
Administrative contact:
Technical contact:
Billing contact:
Springbok Media Inc.
Christopher Stewart
chrisstewartmba@yahoo.ca
PO Box 438, Palm Grove House
Road Town, Tortola VG
Phone: +82.313960622
Fax:
Record dates:
Record created on: 2008-09-19 14:09:26 UTC
Record modified on: 2008-09-19 14:09:26 UTC
Record expires on: 2009-09-19 UTC
September 17, 2008
"Tech Guru Riles the Industry By Seeking Huge Patent Fees"
WSJ.com: "Tech Guru Riles The Industry By Seeking Huge Patent Fees":
Millionaire Nathan Myhrvold, renowned in the computer industry as a Renaissance man, has a less lofty message for tech companies these days: Pay up.Over the past few years, the former Microsoft Corp. executive has quietly amassed a trove of 20,000-plus patents and patent applications related to everything from lasers to computer chips. He now ranks among the world's largest patent-holders -- and is using that clout to press tech giants to sign some of the costliest patent-licensing deals ever negotiated.
September 16, 2008
Kottke: Why People Pirate Games
Kottke.org on why people pirate games.
September 11, 2008
Engine 3 Ladder 13
Engine 3 Ladder 13 was our local firehouse when we lived in Chelsea. Firemen would visit our kids' preschool. When we passed with our strollers, they'd invite us in so the kids could look at the fire trucks.
September 10, 2008
"Lipstick On A Pig" by Torie Clarke
Torie Clarke was a Pentagon spokesperson during the Iraq War.
What Exactly Happened In the Tribune/UAL Matter?
Here's one version: A link to a six year old article about United Airlines' bankruptcy appeared on a Tribune newspaper's website (why?). The traffic pushed it into a most-viewed box, which brought it to the attention of a "Google news search agent"(?). That brought it to the attention of Bloomberg News, which widely distributed the article. and then United's stock fell 76%. Then trading was suspended, the error was corrected, and the stock rebounded.
The people who sold at the bottom lost real money. How did the link appear on the paper's page in the first place?
September 09, 2008
CBC Radio Documentary: "Who Owns Ideas?"
CBC: "Who Owns Ideas?":
When you download music or text from the web, you may be innocently breaking the law. Jim Lebans, a producer with CBC Radio’s Quirks and Quarks, looks at the tangled world of intellectual property and how the digital age is challenging ideas about who owns our culture.
September 02, 2008
You Can Follow the Micro TrademarkBlog on Twitter
If you have a Twitter account, you can follow 'TrademarkBlog' and get a headline plus url version of the Trademark Blog. Why would someone follow micro-blogs? So that they can follow many information sources at once.
NY Times 'All Things Trademark' Article
The latest "what we think are trends in trademark law" article from the NY Times. The last one was in 2003.
August 18, 2008
TANG In San Ignacio, Belize
August 10, 2008
Our Audience at the ABA Today
June 24, 2008
Useful Twitter IP Microblogs
Prof Michael Scott at Southwestern Law School is making available three microblogs on Twitter: InternetLaw, PrivacyLaw and CopyrightLaw. What is a Twitter microblog? It is using a Twitter account solely to provide tweets consisting of URLs of theme-specific tweets. If you don't use an RSS reader such as Bloglines to moitor blogs, you might consider this. BTW, my Twitter account name is mschwimmer (but I use Twitter for chatting, not for IP stuff).
June 11, 2008
Two Days Too Late on TERRORISTFISTJAB.COM
Registrant:
KMM Developments, LLC
5863 Leslie Street, Suite 450
Toronto, ON M2H1J8
Canada
Record expires on 2009/06/09 UTC
Record created on 2008/06/09 UTC
Also: TERRORIST FIST JAB merchandise on Cafe Press.
Discussion here.
June 03, 2008
Trademark Blog Live in Michigan July 19
I will be speaking on "Intellectual Property Issues and New Media" at the IP Law Summer Institute for Michigan's Institute of Conitnuing Legal Education on July 19 on beautiful Mackinac Island. Topics will include the usual suspects: social media, viral marketing, virtual environments. Info here.
June 01, 2008
Slideshow of "David-and-Goliath Trademark Cases"
BusinessWeek: David-and-Goliath Trademark Cases"
May 30, 2008
"Conversational Terrorism: How NOT to Talk!"
Vandruff.com: Conversatonal Terrorism: How NOT to Talk!:
All of the techniques listed in this document have actually been witnessed, told to us by someone else, or dreamed up. They are described in first person for clarity of motive.The intent of detailing and naming these insidious tactics is so that the reader may AVOID USING THEM, to quickly recognize if someone else is using them, and for fun. There is much humor in the way people (consciously or unconsciously) conversationally cheat.
May 29, 2008
OK, I've Enabled Comments
I've installed the Disqus system which I hope will solve some of my previous objections to running comments.
Terms of service: you retain copyright of your comments, you grant me a license to utilize your comments as comments on this blog, I can delete any or all of your comment in my sole discretion, all sales final.
NY Area Law Students: Send Me Your Resumes
I need law students to help me part-time. Send your resume to marty (at symbol) schwimmerlegal (dot com). And college students looking for summer work should contact me to. I doubt many college students read this blog so if you know any, pass this along to them.
May 25, 2008
The Trademark Blog Turns 6
The Trademark Blog was started 6 years ago in May 2002. Woot woot!
May 22, 2008
Unter Den Linden
imax 3d
Labels For Less
May 19, 2008
Blogtober Tonight, 8:30 1 Potsdammer Platz
May 17, 2008
Suggestion: Use Twitter To Keep In Touch In Berlin
Consider getting a free account at www.twitter.com to announce your whereabouts in Berlin. My twitter account name is mschwimmer.
Berlin Recommendation: Revolving Restaurant in Fernsehturm
A good intro to the city: the Revolving Restaurant in the Fernsehturm (TV Tower).
May 15, 2008
If You See Someone Wearing This Hat, Introduce Yourself
Reminder: BlogFest Berlin Is Monday At 8:30
Meet the people who write and read IP blogs. I will be nagging people to join me to visit the East German film theme park. Monday 8:30 - 10:30, One Potsdamer Platz, the offices of the Olswang firm. Map here.
Filmpark Babelsberg?
A German film theme park featuring East German animated characters? On the site of the old UFA Studios? Sounds too good to be true. Anyone been there and want to give us the scoop?
May 06, 2008
MemeWatch: LOLcats
As of now, no one has filed a US trademark appllication for LOLcats. Updates as the situation warrants.
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.
December 27, 2006
On To The Golden Globes
The Trademark Blog picks up another award, this time from someone I didn't pay (I justify linking to these articles with the pretence that I'm giving you a list of good blogs to read, but my savvy readers see through that and know vanity when they see it).
December 22, 2006
I Want To Thank All The People Who Made This Award Necessary
If I disclose that I refer all my IT contract work to my friend Dennis Kennedy, does it cheapen this award? In any event, here's a list of good law blogs (and mine).
December 18, 2006
What Happens If I Use The R In A Circle And I Don't Have A Registration?
Sometimes nothing happens (via 43(b)log).
Apparently I Am A Thlogger
The Small Business Review interviewed me about blogging and identifies The Trademark Blog as a Thought Leader Blog, or THLOG. Now there's a term that rolls off the tongue.
December 08, 2006
New Blog From Graham and Dunn Attorney
Seattle Trademark Lawyer by Seattle trademark lawyer Michael Atkins.
December 06, 2006
Today's Time Waster: Name Famous Trademarks Of Products That Don't Exist
I'll go first:
DUFF BEER
VITAMETAVEGEMIN
GUZZLER'S GIN
SPACELY SPROCKETS
COGSWELL COGS
BIG KAHUNA BURGER
Not accepted answer: LOG by SPUMCO, because Nick did actually sell a log.
The answers are pouring in. Noted scholar James G. writes:
The Simpsons has had several great fake knock-off brands:
SORNY
MAGNETBOX
PANAPHONIC
and my favorite would have to be an infringement of a product that also doesn't exist:
FUDD BEER
Of course, these things work a little in reverse (the real DUFF).
AND MORE:
GENCO Olive Oil
WHIZZ-O Chocolate crunchy frogs
UPDATE: LJW Of NYC writes to add:
OCEAN By Calvin Klein
HENNIGAN'S Scotch
LARAMIES Cigarettes
KRUSTY KRAB KRABBY Patties
CUP O' PIZZA
OPTIGRAB glass holders
OCEANIC Airlines
ACME exploding bird seed, exploding carrots, anvils, huge slingshots, etc.
AND WHILE WE ARE ON THE SUBJECT OF ACME:
December 04, 2006
IP Job Website
November 22, 2006
Pottery Barn And Knock-Offs
Marektwatch: "Williams-Sonoma chairman says Pottery Barn unlike Pier 1" (discussion of Wall Street analysts' reaction to claim that copycats are hurting Pottery Barn sales.
November 16, 2006
If You're In Manhattan And Don't Have Plans This Evening
. . . and you want to ask me questions about law blogging, then you can come hear me speak at the NY County Lawyers Association downtown (Vesey and Broadway), from 6 to 8 (details here).
November 13, 2006
3200 Billables A Year?
Yeah, I got out the calculator when I read that too. Note what the in-house folk have to say.
November 09, 2006
Trademark Blog Live, Downtown Manhattan Nov 16
I will be a speaker on 'Upgrading Your Web Marketing,' Thursday November 16, NY County Lawyers Association, Vesey and Broadway.
November 08, 2006
"Lawyers Face Right To Blog"
I'm quoted in this Chicago Tribune article about potential regulation of blogging.
October 31, 2006
Best WSJ Correction So Far This Week
From today's Wall St Journal's 'Corrections & Amplifications':
A drawing of Melvyn Weiss, a partner of Milberg, Weiss, that accompanied an article Friday . . . incorrectly identifed him as Milberg Weiss . . ."
October 28, 2006
"Jimi Hendrix Steals the Show At IP Auction"
WSJ Law Blog: 'Jimi Hendrix Steals the Show At Intellectual Property Auction' (patents, trademarks, and copyrights - including the (disputed) rights to the Jimi Hendrix catalog - sold at auction).
October 26, 2006
"How Your Client Can Keep You as Defense Counsel . . ."
October 20, 2006
Next Year
October 11, 2006
Deceptive Mailings Prevention Act
I include the following boilerplate when I provide clients with filing receipts of their trademark applications:
Your application is a matter of public record. Some companies, often using names including terms such as AGENCY, RIGHTS or CENTER, utilize the public database in order to send solicitations to applicants, These solicitations sometimes resemble official notifications. As your agent of record, our firm receives any official notification that would require a response.
I include this language because my clients are sufficiently worried by the official-looking correspondence that they regularly ask me to confirm their inclination that this is a scam.
The practice of sending 'government look-alike mail' is widespread enough that there is a Deceptive Mailing Prevention Act.
October 09, 2006
The Morning Papers
NY Times: 'No-Name, Brand-Name or Phony: It's All Here' (Manhattan - Broadway and 32nd).
NY Times: 'A Slippery Slope of Censorship at YouTube' (Difficulties in monitoring content at YouTube).
Wall Street Journal: 'Louis Vuitton Tries Modern Methods On Factory Lines' (no free online version) (Updating manufacturing methods for luxry goods).
October 05, 2006
Apple Claims Ownership Of The Letter 'I'
Ok, not really. Background here. HT JL.
September 26, 2006
More On NY State Attorney Advertising Rules
I was interviewed for this NY Sun article on proposed NY State regulations on attorney advertising.
September 19, 2006
On To October
September 13, 2006
New Naming Blog
Strategic Name Development from Strategic Name Development, Inc. of Minneapolis. Early posts concern Star Trek, Wal-Mart, and Apple's new iTV product.
September 08, 2006
Title 15 Or Title 35?
Prof. Madison reports on a proposal to move the Lanham Act from Title 15 of the U.S. Code to Tile 35. My initial reaction is: how could this ever matter? However, it is reported that Professor McCarthy opposes the move. If anyone has access to his position, please send it along.
Now Random House Takes Action Against Misrepresentations
Random House, publisher of the partly fictional memoir 'A Million Little Pieces,' has announced a settlement that involves refunds to buyers, but will require extensive documentation from buyers to prevent, uh, fraud.
September 07, 2006
Possible Sanctions Relating to ENTREPRENEUR Matter
Law.com: "Bankruptcy Judge Threatens $10M in Sanctions for Latham, Client" relating to Entrepreneur Magazine's actions after prevailing against EntrepreneurPR in trademark matter.
August 30, 2006
American Caveman?
August 24, 2006
An Ounce Of Prevention Or Bad Publicity?
Law.com discusses Baker & MacKenzie's use of preventative letters to warn ISPs of possible infringing activities during the recent World Cup, and subsequent fall-out.
July 29, 2006
Blogging Sporadic At Best Until August 7
July 28, 2006
New IP Blog From Massachusetts: Legal Fixation
From Newburyport, Massachusetts, the law firm of Saunders and Silverstein bring us Legal Fixation.
July 26, 2006
She Drinks The Zombie From The Cocoa Shell
Did the song "Cousin Dupree" inspire the movie "You, Me and Dupree"? Steely Dan thinks so.
Today's trivia question: name song titles subsequently used as movie titles. Should we include bio-pics (Coal Miner's Daughter, Walk The Line)? Movies inspired by songs (Ode to Billy Joe)?
We'll go first:
Peggy Sue Got Married
UPDATE:
The answers pour in:
BioPics:
Sweet Dreams
Great Balls of Fire
Round Midnight
La Bamba
What's Love Got To With It
(the thought occurs - someone like Scorcese or Paul Thomas Anderson whould do a BioPic of Ornette Coleman)
Somehow based on the song:
Rock n' Roll High School
Nine To Five
Not Related to the song:
Stand By Me
Pretty In Pink
Sixteen Candles
Helter Skelter
Amazing Grace
Dazed and Confused
Beatles movies
Hard Day's Night
Help
Yellow Submarine
Sgt Pepper (eech)
Concert films have been disqualified from the list.
July 25, 2006
LV Brand Awning?
Check out this photo via Counterfeit Chic.
July 18, 2006
A Shout Out To Nintendo
I can't get into the details but someone at Nintendo performed an act of compassion and charity for a child we know. Thank you, and that's the opinion of the firm.
July 17, 2006
What Has The Schwimmer Mitchell Law Firm Been Up To, Lately?
Well, in the Southern District Court of New York, we're representing a clothing designer that is suing a discount retailer and manufacturer for copyright and trade dress infringement.
In the Eastern District Court of NY, we're representing a games manufacturer against a competitor in an unfair competition and cybersquatting action.
Also in the EDNY, we're defending a domain name registrar against a former domain name registrant, who has alleged a variety of putative torts and quasi contractual claims.
In the Trademark Trial and Appeal Board, we're defending a manufacturer against claims by a standards organization that is administering a software standard conceived, developed and named by our client that the standards organization owns the mark.
Also in the TTAB, we're defending a restaurant against a competitor's claims that periods of nonuse by our client's predecessor in interest consitute abandonment notwithstanding evidence of efforts to resum use.
We have several UDRPs going, representing trademark owners, famous and otherwise.
We have various and sundry matters on-going, including various enforcement activities, negotiation of trademark licenses, and opinion letters regarding the protection of unconventional trademarks.
Thanks for asking.
July 14, 2006
Enough Trademarks Used Generically To Fill A Bankers Box
Wikipedia provides a list of 'generic trademarks' and a list of 'trademarks often used generically.'
HT Invent Blog.
July 13, 2006
Further Evidence That You Cannot Believe A Damn Thing You Read In The Papers
From the Corrections & Amplifications in today's Wall Street Journal:
"When a ball is passed toward the Opponent's goal line in soccer, an attacking player who is even with the next-to-last defender or with the last two defenders is in a legal position. The "On Sports" column in Friday's Weekend Journal imprecisely said that players who are even with the last defender aren't considered off-side in that situation."
Shoes For Industry
The Patent and Trademark Office is opening a new exhibit "Shoes: Innovations At Your Feet" in the National Invetors' Hall Of Fame in its offices in Virginia.
June 19, 2006
That Championship Season
Champions, Intermediates, Armonk Baseball, June 2006.
June 15, 2006
Caps Or No Caps And What About That R In a Circle
Adamsdrafting discusses the treatment of trademarks in agreements, citing Schwimmer Mitchell partner Glenn Mitchell.
June 14, 2006
Free Trial Offer For Weekly Trademark Lawsuit Email
I have been subscribing to a RSS feed named Trademark Lawsuit Mojo, brought to us by the creative minds at Rethink IP (co-bloggers with me at Shape Blog). TM Mojo provides a list of weekly trademark and copyright lawsuit filings.
Now, for those not into that RSS thing yet, Rethink presents the Trademark Lawsuit Mojo Update, a weekly email letter. It will ultimately be a paid subscrition service - however they are now offering a FREE THREE MONTH TRIAL OFFER.
I have already impressed one client with knowing about a lawsuit filed by a competitor. As Lionel Hutz would say, TM Mojo is full of interesting legal tid-bits.
Act now.
June 08, 2006
"Should I Copyright That Patent For Trademarks?"
Jessica Stone Levy: "Commonly Confused Concepts, or: "Should I copyright that patent for trademarks?"
New UK Tech Law Blog: Naked Law
"UK Technology Law Laid Bare by Cambridge Lawyers" HT Denise.
June 05, 2006
Blawg Review #60: Gimme Some Truth
Note to regular readers expecting something to do with IP: as previously mentioned, I have been asked to host Blawg Review this week. BR is a weekly 'best of' compendium for law blogs.
I'm reminded of a joke on the liner notes to the comedian Martin Mull's greatest hits album. When asked to compile his best material and put it on one album, he replied "I thought that's what we were already doing."
So instead of scouring law blogs for the best interesting legal tid-bits over the past week, I will apply a different set of criteria.
I will judge blogs on whether they answer the question that interests me the most as a lawyer:
Is this Administration acting lawfully?
We have opinions, and we have 'news reports' but the truth is elusive.
For example.
The US government hires security contractors in Iraq. There are allegations that some of these contractors have committed crimes, perhaps murder.
What law applies to them?
Someone asked President Bush this question and the video of him saying that he doesn't know is here.
Not knowing the answer myself, I emailed various law bloggers asking them what law applies to US contractors in Iraq and the consensus answer was 'I don't know.'
Similarly, you are familiar of course, from Gitmo and Abu Gharib, with the issue of US treatment of 'unlawful combatants.'
Again, what law applies?
Hoping to get a non-partisan answer, I emailed the following pattern to some colleagues, using a World War II fact pattern:
"Germany, 1945: U.S. GIs take into custody five individuals in civilian clothing firing at them from a farmhouse. One individual says 'I didn't fire at you. This is my farmhouse. The others are German soldiers who took over my farm.'"
What process is due him?
The consensus answer among my colleagues (none of whom have JAG experience), was again, "I don't know."
Result? I've read a lot about Gitmo, and I can't form a meaningful opinion.
There are a bunch of other things I want to know the truth about. I have opinions, but I couldn't articulate the underlying legal framework for any of them. They include but are not limited to the following:
Were the Niger documents forged? If so, did any Government official disseminate information based on them, knowing of their falsity?
What is the truth of the Plame affair?
Were the 'torture memos' drafted with explicit instructions as to what conclusion to come to (simply out - to allow torture)?
Was bypassing FISA lawful and constitutional? It seems that there is a law in place that deals directly with exigent circumstances. How, then, can exigent circumstances be a defense?
Are the various NSA data-mining activities lawful and constitutional?
Are signing statements constitutional? My uninformed reaction is that if the President signs a bill into law, that that President would be estopped from arguing the unconstitutionality of that particular law.
I can't answer these questions. And these questions are more important than pretty much any other question - because they go directly to whether we are in fact a nation of laws, where no one is above the law.
I mean, what does it say about me, a so-called officer of the court, if I don't care about the answers to these questions?
And what does it say about me as a lawyer, if my answer is cynically partisan (as in - delay inquiry until after '06 if I 'm democrat, and delay forever, if I'm republican).
I do not comprehend how a lawyer could not want the truth to come out, as completely as possible, as quickly as possible.
Do any blogs discuss these questions on a regular basis (by discuss, I mean provide information and analysis, as opposed to punditry).
Some.
Talking Points Memo has been following the Niger Document story for a long time. Not a law blog, though, and a lot of invective surrounding original reporting.
FireDogLake, Tom MacGuire and Murray Waas are providing the best coverage of the Plame Affair. Again, a lot of editorializing but a lot of raw information.
Discourse.net, Balkinization and Intel Dump are doing good work with regard to the Torture Memo issue.
Volokh and Balkinization, and Orin Kerr, are regularly discusing the NSA issues.
As to signing statements, today's news brings word that the American Bar Association has appointed a panel to evaluation President Bush's practice of appending signing statements to laws. The usual suspects, Volokh, Discourse.net and Balkinization, sometimes write on these issues.
As far as I can tell, there are virtually no practitioners writing regularly on these issues. Which is too bad, because a lot of this writing is by professors for professors and not easily accessible to a wide audience.
This is an opportunity for the blawgosphere to assume a leadership position. It can be more than a compendium of firm brochures. Practitioner blogs can provide cool-headed legal analysis of issues such as the Niger Documents, Plame Affair, Torture Memos, NSA issues and Signing Statements, to a broader audience than the prof blogs can reach.
Is it a poison for a practitioner to discuss politics? Partisan politics, yes.
However I don't see a downside in arguing for equal application of and respect for the law. That may even be one of those civic duties they may have mentioned at the bar admission ceremony.
I would hope that there is a centrist bloc of practitioner bloggers who simply want the truth to come out. Jack Nicholson is wrong, we can handle the truth.
So let's continually ask whether our Government is acting lawfully.
I've been asked to note here that Blawg Review has information on next week's review and how you can submit entries. I sure hope you will address these issues then.
June 02, 2006
Blawg Review #60 Coming Here Monday
The question I get asked most about blogging is 'do you get clients blogging?' and the second most is 'what blogs do you read?'
On that score, I have been asked to be next week's guest host of the 60th weekly Blawg Review, a compendium of the week's best, much like American Bandstand, except the subject is law blogs and not pop singles, and the host is a law blogger, and not Dick Clark.
Tune in on Monday
May 31, 2006
My Wife Just Defended Her Dissertation
Doc-tuh.
May 30, 2006
One Million Hits This Month
According to my web software, which cannot be trusted, the Trademark Blog had one million hits this month.
This is all the more notable given that there were no decisions involving Perfect 10 this month.
May 16, 2006
Trademark Blog Live in Manhattan Wednesday
I will participate on a panel on the subject of blogging, of all things, at the Copyright Society lunch at the Princeton Club, Wednesday at lunch. Fellow panelists include Bill Patry of Patry on Copyright. Details here.
May 15, 2006
Loufrani v Wal-Mart Over Smiley Face
Forbes: Wal-Mart in Trademark Clash Over Smiley Face. If you use a smiley face, then at some point, sooner or later, you hear from Mr. Loufrani.
May 12, 2006
New Information Law Blog
Info / Law , written by Fellows from the Berkman Center, soon to be law professors.
May 09, 2006
BeerBistro, King and Yonge, 9:30 Tonight
May 07, 2006
Stoller Promotes Tuesday Night Blog Party In Toronto
Seriously, here.
If You Know Where There's Open WiFi In Toronto . .
. . . near the conference, email me at marty at schwimmerlegal dot com and I will post the location.
May 05, 2006
Double the Centigrade And Add Thirty
Double the centigrade and add thirty in order to convert centigrade to farenheit.
One US dollar is worth approximately 1.10 Canadian, one Canadian dollar is worth approximately 90 cents.
Take a passport or birth certificate.
They speak English, but with an accent.
Your cell phone provider may treat all your calls as roaming, it depends on your plan.
May 04, 2006
Pitch Me In Toronto
Reminder: The Ale and Quail Club of Mid to-Upper-Westchester will be hosting its annual social at:
BeerBistro
18 King Street (at Yonge)
Toronto
Tuesday May 9 - 9:30 pm to Midnight
All constructive suggestions on how to improve the Trademark Blog will be cheerfully entertained. If you would like to meet with me in Toronto but are intimidated by throngs of rowdy trademark lawyers clutching the latest Thomson and Thomson giveaway, email me at marty at schwimmerlegal dot com.
April 28, 2006
Trademark Blog Live In Toronto Tuesday May 9
IP Bloggers TTABlog, IPKAt and yours truly will be hosting a get-together Tuesday night, May 9, 9:30, at the BeerBistro (several blocks from the Conference hotel).
Come before, during or after the Thompson and Thompson event, for a little quiet time. Share your favorite Stoller story, volunteer to become a country correspondent for the Trademark Blog, get John Welch's autograph, dance on a table, have too many beers and disclose confidential information - all in good fun.
BEERBISTRO
18 King Street East (at Yonge Street)
Toronto, Ontario M5C 1C4
April 19, 2006
Every Symbol Tells A Story
AIGA, the American Institue for Graphic Arts, developed a set of 50 passenger and pedestrian symbols available for downloading.
Now there is a short film made entirely of the AIGA symbols.
HT Wendy Seltzer.
April 15, 2006
Everything Must Go
April 03, 2006
Where Should We Go The Tuesday Night In Toronto?
Our firm, and fellow bloggers from TTABlog and Nerdlaw, would like to have a get-together on the Tuesday night on INTA. The T&T extravaganza will be at The Docks that night. I'm not sure there is such thing as a bar next door to The Docks, but if there is, email me and advise.
March 28, 2006
Dog v. Dog
Neon Signs In Seattle
March 27, 2006
My Father Turned 90 Yesterday
How about that?
March 19, 2006
Third Anniversary Of Shock And Awe Trademark Applications
There is one registration for SHOCK AND AWE, filed March 20, 2003, covering fireworks. There are 29 other applications for SHOCK AND AWE (or SHOCK & AWE), most of them filed in March or April 2003, several abandoned, many suspended.
March 18, 2006
Call For Boycott of Term 'SUPER-HERO'
February 23, 2006
Family Movie Rental Recommendation
Millions, now on DVD.
February 22, 2006
Oddest Footnote In An Important Internet Case To Date
Footnote 4 from P10 v. Google: 'P10 repeatedly objects that the term 'thumnail' is a misnomer, even going so far as to point out that the thumbnails displayed by Google can be up to eight times the size of a person's actual thumbnail.
February 08, 2006
Trademark Attribution For Dummies
One of Jason Calcanis' blogs at Weblogs, Inc. Network, used the term SUPER BOWL GUIDE FOR DUMMIES as the title of a single blog post.
No, it did not receive a demand letter from the owners of the SUPER BOWL mark.
It got a demand letter from Wiley, owners of the FOR DUMMIES mark.
Wiley's letter is not a demand letter in that it doesn't allege an infringement of rights and doesn't demand cessation of activity. When pressed by Calcanis (CEO of Weblogs (now an AOL company)), Wiley acknowledged that one-time use in a title was not trademark use, and that Wiley was merely asking for attribution. However, the original letter resembles a demand letter in that it starts out with a recitation of legal rights, and asks for written assurance that Weblogs is complying with the request.
On these facts, Weblogs does not have to provide attribution. If you write a letter asking someone to do something they do not have to do, then you are asking them for a favor. When asking for a favor, If you do not use magic words such as 'please', 'thank you' and 'we respectfully request,' then do not be surprised when your letter gets posted on a website.
February 03, 2006
Evidence Of Reputation
Let's assume you're investigating John Q. NE3ld. I predict that you will find that he and anyone else you may be investigating has been arrested, and is generally not well though of.
February 02, 2006
What Does This Cartoon Say?
What is this cartoon saying?
The Joint Chiefs of Staff have this interpretation of the cartoon.
This is the Washington Post's response.
February 01, 2006
Pit Bull-Type Dogs
Not about trademarks: a New Yorker article about pit bull-type dogs and generalization and legislation.
January 29, 2006
12th Man Theme
Texas A&M has been using 12th MAN since 1922, the Seattle Seahawks have only been using the mark since 1984. What concerns me the most is that Texas A&M students sway in unison, making the stadium shake, That can't be safe. Don't they know that soldiers break lock step when crossing a bridge? (google 'bridge synchrony').
The SUPER BOWL is the official professional sports championship of the Trademark Blog.
March Madness post here.
Threepeat post here.
January 26, 2006
Commonlymistyped.com
Commonlymistyped.com. 'Top Internet Searches and The Corresponding Common Mistyped Queries.'
January 25, 2006
On The Term 'Blawg'
January 10, 2006
New IP Blog
January 05, 2006
Cold Pizza Shrink Wrap Terms Of Service Agreement
January 02, 2006
Scan In The New
December 22, 2005
Old Soda Cans
Collection of old soda cans. Hat tip Kottke.
December 21, 2005
Odd Story Regarding TRO Against Letterman
December 19, 2005
Hacking Santa
December 10, 2005
Surrealist Logo
So it turns out that Salvador Dali designed the CHUPA CHUPS logo.
December 06, 2005
'Women Turn To Online Rentals For Handbags'
December 05, 2005
From a reader
December 01, 2005
43(B)log - False Advertising Law Blog
Rebecca Tushnet, Goergetown Law Professor and comics aficionado, has re-positioned her blog as 43(b)log - False Advertising and More.
November 22, 2005
STAIN PEN Trademark Hugely Valuable
Stain Pen releases statement entitled 'STAIN PEN (r) Registered Tradeamrk Hugely Valuable' putting world on notice.
November 18, 2005
INTA Toronto May '06 Brochure
INTA Toronto May '06 Brochure.
Where should we stay? Where should we go? Should we have a bloggers' fete?
November 14, 2005
Jesus Juice
Just when you thought that the outrages from the Jackson trial were part of the past, there's more.
November 09, 2005
Trademark Blog Live In Chicago
I will be participating in a panel this Saturday in Chicago on the future of blogging, technology and law practice at LexThink's BlawgThink conference.
Drunk and Alert
Nestle has filed patents for Coffee Beer. Hat tip to Invent Blog.
Nimmer on Blogs
Prof. Raymond Nimmer has started a blog entitled 'Contemporary Intellectual Property, Licensing & Information Law.'
Copyright & Trademark Update from Orrick
The Orrick firm publishes a Copyright & Trademark Update. Latest issue here.
October 25, 2005
Name That Brand
From CatchWord's Name Game - 5 clues:
1. A crowning achievement
2. Time-tested
3. Oyster
4. It's about the face
5. It's a keeper
Answer and more games here.