Petition for cert in Contessa Premium Foods v. Berdex Seafood, via Scotus Blog.
Questions presented: (1) Whether willfulness is a prerequisite for an award of profits for violations of Section 43(a) of the Lanham Act; (2) whether the case should be remanded for reconsideration after Grokster is decided.
UPDATE: A reader alerts me to
The latest issue of the Freshfields International IT and new media update is available online. Among the decisions discussed is that of the higher regional court of Colgne, Germany, that held that a n auction provider that is aware of a trademark infringement occurring on its side must do whatever is technically feasible to prevent
In March 2003 I wondered here whether print media (in my hypo, the New York Times), could utilize a ‘shrink-wrap’ license, that is to say whether it could print licensing terms on that nice blue bag it comes in, or perhaps on its front page, by which it attempted to extend the statutory protection of its contents (perhaps
Calcanis Blog on a software package that suggests that third party RSS feeds are out there waiting for you to put to your own commercial use. Ernie the Attorney weighs in. What do you guys think?
Dorling Kindersley published “Grateful Dead: The Illustrated Trip.” It had asked the Bill Graham Archives permission to reproduce seven posters promoting Dead concerts. The parties couldn’t agree on a licensing fee and the book was published containing seven ‘thumbnail’ images of the posters. The Archives sued.
The Southern District of NY conducted the traditional four part
Blogging Baby is reporting on a running story regarding a blog’s report on an allegedly defective product (in this case the AMBY BABY swing), and the manufacturer’s attempts to, it seems, squelch the story by alleging trade libel, and the backlash to that attempt. I think this is an interesting case study in customer relations in
WIPO Statement on its report re new gTLDs here.
The Canadian law firm of Shapiro Cohen, has sent out an email on a change on Canadian Trademark Office practice regarding publication of the first filed application or application with the earliest priority date.
Two breweries in the town of Ceske Budejovice fight over the right to use BUDWEISER. Via Prague Daily Monitor.
One of many articles on the eternal trademark dispute here.
