The owners of buildings in Times Square sued the producers of the movie “Spider-Man.” The film digitally modified the billboards on those buildings deleting the ads which appeared, replacing them with other ads. When I first heard of the suit, my reaction was “they would have been sued if they hadn’t removed the ads.” Spider-Man
2002
You Will Note He Didn't Credit The Players
The Baltimore Ravens of the National Football League were found to have infringed the copyright of a logo designer named Beuchat, in coming up with a new logo (affirmed by the Fourth Circuit back in 2000). The damages trial has now concluded and the jury came back with zero damages (decision not yet posted…
Can't Give It Away
Two news items on the same day with similar fact patterns. The NCAA sued Coors and the Redskins sued the Journal Newspapers, for giving away tickets in promotional sweepstakes, alleging trademark infringement and other causes.
Urgent Assistance Requested
I’m sorry there have been no blog items since Thursday but I was involved in something very important. Musa al-Mustapha of Nigeria emailed me. It’s really a sad story about how his father received $18 million from former dictator General Sani Abacha, but then the father died, and you know those court systems!! One thing…
The Obvious Choice, Therefore, Is To Give ICANN Cabinet-Level Status
Here is a Washington Post article on a request by domain name registries Verisign, Nominet and DeNic, approaching DoC to reign in ICANN. One of the things that’s bugging Verisign these days is that ICANN is commenting on how much Verisign intends to charge for its Wait List Service (I’m now on the Transfer Task…
Maiden USDRP Decision
What’s a TLD without a dispute resolution procedure. The first USDRP decision (right, the dispute resolution procedure for the .US TLD) has been handed down. CDW prevailed over the registrant of cdw.us, who didn’t show up. The first 8 filed USDRPs are listed here.
I happen to know that a big-wig at Neustar…
Ninth Circuit Shields Tarnishment of Barbie
A Danish Band, Aqua, released a song named “Barbie Girl,” the lyrics of which would likely have been forgotten, but now, thanks to this lawsuit, will be reprinted in F.3d. The characters in the song are named Barbie and Ken and the chorus is:
I’m a Barbie Girl, in my Barbie world, Life in plastic…
My Friends All Drive Porsches, I Must Make Amends
The Ninth Circuit in Mattel, noting that song titles tend not to be perceived as designating origin, finds that “. . . upon hearing Janis Joplin croon ‘Oh Lord, won’t you buy me a Mercedes-Benz?’ would we suspect that she and the carmaker had entered into a joint venture.” Sure, baby boomers aware of…
Ninth Circuit Issues Unconstitutional Advisory Opinion To Mattel and MCA
Until today I have never laughed out loud while reading a Ninth Circuit Opinion. This is the last paragraph of Mattel v. MCA (discussed above):
“MCA filed a counterclaim for defamation based on the Mattel representative’s use of the words “bank robber,” “heist,” “crime” and “theft.” But all of these are variants of the invective…
One More Way Blogs Attempt to Make (not Keep) the Media Honest
By pointing out that articles like this basically favorable Washington Post column about bloggers (and the underlying US News piece the Post basically blogged) should have had links to the blogs discussed(ok, the US News piece had one blink – that’s a link to a blog).