Smoking Gun discusses Van Halen’s contractual demands that there be no brown M&Ms supplied to it. It had nothing to do with M&Ms.
Contracts
“Licensing a Work, and When Licensing Doesn’t Work”
By Marty Schwimmer on
Posted in Contracts
Licensing a Work, and When Licensing Doesn’t Work: “is the case for contracts somehow expanding copyright rights vastly overstated?” along comes a fairly conclusive ‘No’ in the form of Reuters v. GMU.”
2d Circuit: Topps v Cadbury
By Marty Schwimmer on
Posted in Contracts, International
Topps contracted with an Argentinian company to provide Bazooka gum in various South American markets. The Argentinian company licensed and the trademark and had access to ‘technology’ (no doubt relating to how to fold a small comic strip around a brick-like piece of gum). The contract terminated and the Argentinian continued use of both the…
Against Cyberproperty (and CyberTrespass)
By Marty Schwimmer on
Posted in Contracts, Virtual Worlds
Michael Carrier and Greg Lastowka: “Against Cyberproperty”
Ever since cyberproperty burst onto the legal scene a decade ago, courts and scholars have assumed that it is inevitable. This Article shows that it is not. Scholars have examined one element of the link between cyberproperty and property in asking whether cyberspace is the correct
…
Interesting Website User Agreement
By Marty Schwimmer on
Posted in Contracts
The Dozier Internet Law Firm came in for recent criticism of copyright mis-use when claiming that posting of its cease and desist letters were barred by copyright. Greg Beck has done some more digging and points us to Dozier’s User Agreement. You can’t link to it but it’s interesting.
Prof Lessig on the Flickr/Virgin/Creative Commons Suit
By Marty Schwimmer on
Prof Lessig: “On the Texas Suit Against Virgin and Creative Commons.”
“Slashdot has an entry about a lawsuit filed this week by parents of a Texas minor whose photograph was used by Virgin Australia in an advertising campaign. The photograph was taken by an adult. He posted it to Flickr under a CC-Attribution…
More on J&J v American Red Cross
By Marty Schwimmer on
Posted in Contracts, Likelihood of Confusion
American REd Cross press release: “American Red Cross Defends USe of Emblem and Mission.”
“Forum Selection Clauses: The 2d Disses the 7th”
By Marty Schwimmer on
Posted in Contracts
Prof Patry: “Forum Selection Clauses: The 2d Disses The 7th“:
“Many commercial contracts have forum selection clauses, including those whose subject matter is intellectual property. In an attempt to overcome common law hostility to such clauses (based on a fear that they “ousted” courts of jurisdiction), the Supreme Court has encouraged enforcement of…
“Making Deals With Evolving Technologies In Mind”
By Marty Schwimmer on
Posted in Contracts
Deborah Wilcox: “Making Deals With Evolving Technologies In Mind” (drafting pointers re anticipating changing circumstances).
Not Responsible For Broken Windshields
By Marty Schwimmer on
Posted in Contracts