Here’s an idea for a law journal note: compare the approach of the German court in the AIDOL case (BGH, 8 Feb 2007 (sic), Case I ZR 77/07 – AIDOL), holding that the use of a trademark in white-on-white writing (presumably to game the search engines) is a form of trademark use, with that of,
Useful Twitter IP Microblogs
Prof Michael Scott at Southwestern Law School is making available three microblogs on Twitter: InternetLaw, PrivacyLaw and CopyrightLaw. What is a Twitter microblog? It is using a Twitter account solely to provide tweets consisting of URLs of theme-specific tweets. If you don’t use an RSS reader such as Bloglines to moitor blogs, you might
“Do We Need a Mode of Voluntary Surrender of Publicity Rights?”
Pixelization: “Do We Need a Mode of Voluntary Surrender of Publicity Rights?“:
Common-law and statutory rights of publicity in an increasing number of jurisdictions allow people to sue others for the unauthorized commercial use of their image, likeness, and voice. Creative Commons licenses release only copyright entitlements – not publicity rights. For a
Right Of Privacy Of A Naked Cowboy Against M7M Dressed As Naked Cowboy
Text of SDNY Decision in right of privacy suit and trademark suit brought by naked cowboy against an M&M dressed as a naked cowboy (photos in decision). Right of privacy claim dismissed as statute doesn’t protect trademarked costumes (M&M dressed in ‘plaintiff’s’ costume is not intended to be understood as a likeness of plaintiff); however
Girl Talk And Mashups
Girl Talk is a DJ who records mashups. He explains his method in the clip below. Coverage on Girl Talk here. He is releasing his new album on a Radiohead style pay-what-you-want basis here.
As I listen to Girl Talk’s music I’m reminded of a quote from Spike Jones, the exact
V Secret Finally Enjoins VICTOR’S LITTLE SECRET
Still kicking around. The discussion of retroactive application of TDRA and the likelihood of this thing called dilution standard begins on page 5. Background from 2003 Supreme Court case here.
Read this document on Scribd: Decisions V Secret Moseley D
Been Caught Stealing
Luxist: “No More VUITTON Straps For Dave Navarro“:
[Navarro of Jane’s Addiction] has received a rather stern letter from the Vuitton legal team saying in part that: “We have no doubt that this copying has been willful and is intended to trade upon the fame and cachet of the LV Trademarks to elevate
“Hearst Sues Over Use of COSMOPOLITAN Name”
Reuters: “Hearst Sues Over Use of Cosmopolitan Name“:
Hearst Corp filed a $500,000 trademark infringement lawsuit on Monday against the developers of a $3 billion Las Vegas resort and casino using the same name as the publisher’s well-known Cosmopolitan women’s magazine. . . . The defendants, Cosmo Senior Borrower LLC and 3700 Associates LLC,
Adidas Sues Wal-Mart For Trademark Infringement”
NWAOnline: “Adidas Sues Wal-Mart For Trademark Infringement”:
Adidas AG is set to face off with Wal-Mart Stores Inc. for the third time on allegations that the retailer sold lookalike striped shoes that amount to trademark infringement.
The Herzogenaurach, Germany-based sporting goods maker and Wal-Mart are scheduled for a jury trial Oct. 6 in
JETTING To A Protectable Mark
Beauty Marks make valid points about Jet Blue’s‘ new JETTING campaign, and its inability to obtain exclusivity to words such as JETS and JETTING (less so re JETTER).