A specimen is worth a 1000 of my words. The European Court of Justice delivered an important decision last week on dilution, finding that a stylized DURFFEE logo diluted the rights of the famous DAVIDOFF logo. Alas, the ECJ decision had no renderings of the two logos and I could find none. Now, Stefan JAnzen
January 2003
My Cheap Shot At The NY Times
Amy Harmon wrote an article in today’s NY Times entitled “A Corporate Victory, but One That Raises Public Consciousness.” One quote stuck out for me:
“In 1998, the [Act] was passed with hardly any debate after heavy lobbying by the Walt Disney Company . . . “
This set off a memory. With…
The Eldred Decision Already Spurring Creativity
Now that my estate is assured of those 20 extra years, I am going to begin work on that novel I have been putting off.
Challenge to Bono Act Rejected 7-2
Here’s the decision (via Copyfight via Lessig).
SCOTUS Blog commentary on the decision.
Copyfight and Law Meme will be burning up the blogosphere on this one.
Slashdot on it too.
Overpeer, Spoofing and Self-Tarnishment
Here’s a Wired.com article on Overpeer, the company which performs spoofing services for entertainment companies that wish to damage files. My concerns remain.
Whois, Who Was, and Who Will Be
Someone registered a domain name which is a one-letter variation of my client’s famous trademark (same fact pattern as the GE case below, different client, this happens a lot). One of the 3 elements I have to establish to prevail in a UDRP is bad faith. Because registrants tend not to create written evidence of bad…
Tooting My Own Horn
I represented General Electric in this UDRP victory over RaveClub Berlin (one of Mr. Zuccarini’s aliases). It was a default but allow me to bask in the glow of a file that can be closed and sent to storage.
JACK ASS v. JACKASS
This is from National Law Journal’s “The Docket:”
Man says show, movie infringe on his name
A Hot Springs, Mont., man who legally changed his name to Jack Ass in 1997 has filed a lawsuit against Viacom International Inc., the parent company of MTV, producer of the Jackass television show and movie. In …
The End to One BEANIE BABY Fair Use Case
The Supreme Court denied cert today in Ty, Inc.v. Publications Int’l Ltd ., 292 F.3d 512 (7th Cir. 2002) (Upholding fair use of BEANIE BABY marks in collectors’ publications, Posner., J.).
SCOTUS Blog on NIKE Commercial Speech Case
SCOTUS Blog’s extensive linkage of the NIKE commercial speech case here.