July 2008
“Can the RNC Forbid The Use of an Elephant or “GOP” To Identify Republicans?”

Consumer Law & Policy Blog: “Can the RNC forbid the use of an elephant or “GOP” to identfy Republicans?“:
Although these references have been in popular use since the 1870’s, and owe more to Thomas Nast than to the Republicans themselves, back in the 1997 and 1995, respectively, the RNC trademarked the initials
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How Much Should Brand Owners Spend On Trademark Lawyers?
In yesterday’s decision in Tiffany v eBay, the Court noted:
Notwithstanding the significance of the online counterfeiting problem, it is clear that Tiffany invested relatviely modest resources to combat the problem. In fiscal year 2003, Tiffany budgeted approximately $763,000 to the issue, representing less than 0.05 percent of its net sales for that year .
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Breaking! EBay Prevails Over Tiffany in SDNY – Text of Decision
From the decision:
First, the Court finds the eBay’s use of Tiffany’s trademarks in its advertising on its homepage, and in sponsored links purchased through Yahoo! and Google, is a protected nominative fair use of the marks.
Second, the Court finds that eBay is not liable for contributory trademark infringement . . . the standrard
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POP BURGER v POP FRIES
IDEA Sues PETA For Copyright Infringement
Institute for the Development of Earth Awareness sues People for the Ethical Treatment of Animals alleging unauthorized copying of ‘The Dreaded Comparison,’ book concerning treatment of anmals.
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‘This Book May Not Be Sold’
WSJ.com: “As Textbooks Go ‘Custom.’ Students Pay:
The spiral-bound book is nearly identical to the same “A Writer’s Reference” that goes for $30 in the used-book market and costs about $54 new. The only difference in the Alabama version: a 32-page section describing the school’s writing program — which is available for free
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FCC Proposed Rule Making Re Product Placement
We solicit comment on the relationship between the Commission’s sponsorship
identification rules and increasing industry reliance on embedded advertising techniques. Due, in part, to recent technological changes that allow consumers to more readily bypass commercial content, content providers may be turning to more subtle and sophisticated means of incorporating commercial messages into traditional programming.
As
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“Best Fair Use Practices For Online Video”
Center for Social Media: “Fair Use and Online Video“:
Remixes, mashups, fan tributes and other creative work burgeoning in online video often use copyrighted material without permission or payment. When is it fair to do so? In many cases, creators can employ fair use, a key feature of copyright law. Welcome to a
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Text of Decision Denying Viacom’s Motion to Compel Production Of Google’s Source Code
Viacom sought Google’s source code for its search software to support its claim that “Defendants have purposefully designed or modified the tool to facilitate the location of infriging content. Motion to compel production denied.
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