NYTimes, Wired and others are jumping on this story of how Wal-Mart and other retailers have forced websites such as Fatwallet.com from publishing those retailers’ pricing (apparently obtained from up-coming post-Thanksgiving sales circulars). The retailers are arguing that the sales circular represents a protectable compilation of facts. The retailers also utilized the DMCA in order
November 2002
Full Secondary Meaning for Half Price Books?
A colleague forwarded me this item about Half Price Books suing Barnes & Noble over BN’s use of the term HALF PRICE BOOKS, with the subject heading “How Dumb Is This?” I was prepared to write back and say “Somewhat dumb” but then I read the article which said that Half Price Books is a…
1 million .INFO Names, Possibly 270,000 .INFO Websites
Afilias, registry operator of .INFO, has announced the registration of its millionth .info domain name. Afilias claims that 27% of its domain names are used, and it using a narrow interpretation of use, as it is not counting “under construction” sites, for example. State of the Domain’s quarterly report (if you don’t subscribe, do)…
Confusingly Similar Sucks .com
Registrant didn’t show up and still prevailed in a UDRP brought by ASDA against the domain name ASDASUCKS.NET. The rationale of the decision is that, when discussing the first prong of the 3 prong test, the panelist, Tony Willoughby (whom I hold in high regard), held simply that ASDASUCKS is not confusingly similar to ASDA. …
A Use for the .GS ccTLD
The only .gs website I have seen – www.blo.gs.
Ernie the Attorney and the Amazon Wish-List
A heart-warming tale of good in time for the holiday season, via Ernie the Attorney. Ernie’s blog, btw, is a nice place to read about both general interest law stories and legal things technical.
Charity Begins In the IP Department
A NY Times article about tax breaks for corporations donating patents to non-profit institutions. Could this work for copyrights and trademarks? Via a new good-looking IP blog, the Berkeley Intellectual Property Weblog.
For those of you returning from INTA Scottsdale
I am the guy you met in Scottsdale and this is the website I told you to check out.
Catching up on trademark news from last week, the November 13 New York Times reports that UBS has retired the WARBURG and PAINEWEBBER brands (Thank you PaineWebber, now get out). Thursday’s Wall Street Journal has an…
The LINUX Trademark
Here is an article from Sourceforge regarding the status of the LINUX trademark. What is doesn’t make clear enough is that Linus Torvarlds, author of the LINUX operating system, owns a registered trademark 1916230 for LINUX, and all other things being eqaul, third parties cannot own trademarks incorproating that term for goods and services realted…
Gone to Scottsdale
If the remote blogging connection doesn’t work, then I’ll speak to you next week. The metasearch and domain dossier should work in the meantime.