Turns out there is a robust and competitive market in paintballs.  Pursuit Marketing, maker of the Marbalizer paintball (depicted), announced a settlement with Brass Eagle, for distributing its Viewloader line of paintballs, which allegedly infringed Pursuit’s patents for the manufacture of paintballs, as well as the trade dress of the Marbalizer paintball.

Article…

So David Stein of Naiad Studios was sitting in front of the computer this week when:

“I had a friend forward the [Miss Piggy image] to me the other day, just thinking they were passing on a joke.  I just STARED at the screen, like that bad picture of you in a leisure suit from

…

MONTEREY JACK cheese is named after David Jacks, Monterey land owner and dairy farmer.

Via deepikaglobal.com, an Indian research institute alleges that a US company has improperly registered the name JEEVANI, a ‘fatigue-busting wonder’ developed with the help of traditional herblore of the 16,000 member Jani tribe.  However, looking at the U.S. register, the company identified in the article abandoned its application for JEEVANI (although it still uses the…

Think about the ‘diverted off the highway’ metaphor from the MovieBuff case, the diverted from the Calivn Klein shop in Macy’s’ metaphor from the Playboy case.

Then consider this discussion on IPKat of presumably permissible in-store diversion, based on this AdAge article on in-store advertising.

This AP story reports that Google banned an Adword ad keyed to ‘cruise vacation’ and ‘cruise ship’, linking to a website critical of Royal Caribbean.  The article reports that the ads themseleves did not use the term ‘Royal Caribbean.’

The DMCA requires ISPs to implement a policy that terminates access to subscribers who repeatedly violate copyright.  Part of successful implementation involves providing a means by which a copyright owner can notify an ISP of a potential copyright violation.  In Fall 1999, AOL changed the email address that it had created to receive DMCA notices.  It…

So, now that the judge in the Lindows case has ruled that the jury must consider whether the WINDOWS mark is a generic term, if, after trial, the jury did come to that holding, and the judge entered it, and the final appeal on every aspect of the order was over, when would the…