A US federal trademark registration for which a Section 15 affidavit has been accepted after 5 years of continuous use, is said to be ‘incontestable.’ That is to say that ‘title has been quieted,’ with regard to prior users. There is a laundry list of exceptions to incontestability in Section 33 of the Lanham Act.
Report re Use of DMCA In Political Campaigns
Center For Democracy & Technology: “Campaign Takedown Troubles“:
This report documents the extent to which overly aggressive copyright claims under the Digital Millennium Copyright Act have inappropriately stifled political speech on the Internet during recent campaign cycles.Broadcasters, concerned about the reuse of their news and public affairs footage in political advocacy, sometimes turn
Motion For Expedited Discovery re Google’s Potential Use of SPEEDBOOK
Plaintiff owns rights in SPEEDBOOK, seeks expedited discovery to determine if published reports are true that Google will use SPEEDBOOK for a tablet computer.
Electronics Arts Defeats Prelim Re MIRROR’S EDGE Alleging Fraud On The PTO
Read the whole decision. You do not see the successful undermining of incontestable registrations all that often. HT JW.
Text of Draft Anti-Counterfeiting Trade Agreement
The Tokyo Round has reportedly produced this draft of the Anti-Counterfeiting Trade Agreement (ACTA).
Text of 7th Cir. Decision on Stayart v Yahoo – Personal Name As Trademark
Prior coverage from Prof Goldman here.
PLAYDOM v PLAYDOM
Defendant is a successful publisher of social games on FaceBook, recently acquired by Disney.
Righthaven Filed Another Five Suits Yesterday
According to Justia, Righthaven filed another five copyright suits yesterday. Here’s one complaint. Summary of Righthaven lawsuits here.
How Can Use of MITZVAH Be Wrong?
Defendant sold its funeral home to plaintiff, now use the name LLOYD MANDEL MITZVAH MEMORIAL, which, plaintiff alleges, infringes the name it bought.
