The founder of Mister Softee has died and Prof Patry discusses the copyrighted (and trademark) jingle that has Pavlovian effect in this household.
Protecting The Skyline
Not Buying Baloney As A Defense To 43(a)
From 43(b)log: Defendant sells product to the large auto makers. It represented its product to be the ‘same’, presumably in terms of quality, to that of plaintiff, even though its product was cheaper. Plaintiff alleges that this is false. Defendant established that purchasers conducted their own evaluations, and made their purchasing decisions independent of defendant’s
My Wife Just Defended Her Dissertation
Doc-tuh.
This Is What I’m Talking About Re WEB 2.0
This illustration for Tim O’Reilly’s article “What Is Web 2.0?” suggests the challenge that CMP created for itself in maintaining WEB 2.0 as a trademark (as opposed to a meme). Forget for the moment whether lawyers are necessary, or whether it was bad PR for CMP to send a demand letter, or if O’Reilly
Chinese Catfish Can Be CAJUN For Now
Lousiana has statutes that seek to prevent misleading usages of the terms CATFISH and CAJUN. An importer of what it viewed as Chinese catfish (clearly labeled as orginating in China) sold under the CAJUN BOY trademark, ran afoul of the law. Fifth Circuit struck down the Catfish Statute as unconstitutional and held that the Cajun
Discussion Of Secondary Liability Of Flea Market
Foley & Lardner: “Flea Market’s Theory of Secondary Liability Doesn’t Fit, So Court Doesn’t Buy” discussing Arista Records v. Flea World (DNJ 03-2670 3/31/06 (Flea market held to be contributory infringer based on vendor’s sale of infringing CDs).
One Million Hits This Month
According to my web software, which cannot be trusted, the Trademark Blog had one million hits this month.
This is all the more notable given that there were no decisions involving Perfect 10 this month.
On The Internet, the NAF Knows You Are Not A Cat
Respondent in UDRP alleges that it is a cat, which is not an affirmative defense, and possibly casts doubt on the rest of the allegations.
Must read opinion for that dry British wit:
Morgan Stanley v. Meow, NAF 671304 (May 22, 2006).
Practice pointer: If you are cat, use one of those domain name
Web 2.0 v. Web 2.0
Web 2.0 t-shirt here.
Wikipedia on Web 2.0 here.
Blog of IT@Cork, organzation that received demand letter from CMP (parent of O’reilly) re use of WEB 2.0 to describe its IT@Cork Web 2.0 conference, here.
O’Reilly essay: What is Web 2.0
Most recent post from O’Reilly.
Cory Doctorow on the controversy.