The situation for Google in France gets a little worse. An appellate court in this decision rules against Google for selling keywords. One EEC colleague speculates that Google may have a hard time receiving any joy from the European Court of Justice and that its hopes will rest on the French Supreme Court. The translated
2005
Professor Lessig Approaches Another Apple Cart
The IP situation in the law is, how do I put it, screwed up. The U.S. taxpayer finances the creation of the case law, but there is no unfettered free public access to comprehensive indexed databases of decisional law (the access to US COA decisions being a much-appreciated first step).
As for commentary on the…
Good Name For IP Blog
“Now Why Didn’t I Think Of That?” by Sander Gelsing, a Canadian patent and trademark lawyer.
Hypotheticals
Hypo 1. Acme Lock-Up, a private for-profit security and incarceration provider to municipalities, releases an advertisement that states “Fewer prisoners are killed or seriously injured in our facilities, than in those of our competitors.” This statement is false and Acme knew it was false when making it (the “False Claim”).
Hypo 2. Same facts as Hypo 1…
Clarification On CITY OF HEROES Litigation
Copyfight clarifies claims made regarding the Marvel v. NCsoft CITY OF HEROES litigation (unclarified background here).
Don’t Call Me At Work
Man works on high-power line. Man’s cell phone rings. Cell phone explodes, injuring man. Man sues Nokia. Nokia says that its batteries don’t explode, but counterfeit cellphone batteries do. Via The Register.
Testimony Re Trademark Dilution Revision Act
Transcript and Webcast of House hearing on Trademark Dilution Revision Act available here.
Excerpt from testimony of Anne Gundelfinger (of Intel), president of INTA, discussing dilution by blurring:
Let us take Intel¡¯s PENTIUM mark as an example. (I use PENTIUM as an example not to promote it here as a famous mark, but rather
…
Test of Trademark Dilution Revision Act of 2005
AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 683, AS REPORTED BY THE SUBCOMMITTEE ON COURTS, THE INTERNET, AND INTELLECTUAL PROPERTY
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
(a) SHORT TITLE.–This Act may be cited as the “Trademark Dilution Revision Act
…
What To Do About Ebay Usernames That Incorporate Trademarks
Invent Blog on what to do about eBay usernames that incorporate trademarks.
Request For Comments on IDNs, Whois and Homograph Spoofs
A domain name homograph spoof involves the use of a domain name that visually resembles another, presumably well-trafficked, domain name, such as paypa1.com for paypal.com.
The vulnerability exists with the use of only one alphabet but the potential for misuse multiplies with the use of Internationalzied Domain Names (IDNs).
As this VNUNet article reports:…