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The Trademark Blog

Published by Martin Schwimmer

Copyright

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Arista Record v. Flea World

By Marty Schwimmer on April 6, 2006
Posted in Copyright

Prof. Patry on Arista v. Flea World in which a flea market is liable as intermediary. Case is significant as post-Grokster.

Parker v. Google: Transitory Copy Doctrine In Transition?

By Marty Schwimmer on March 21, 2006
Posted in Copyright

Google’s caching procedure upheld. Decision here.
Prof. Patry’s commentary
ends on the hopeful (to some) note that courts may be moving away from the MAI v. Peak transitory copy doctrine.

This Blog Covered By A Creative Commons License Enforceable In The Netherlands

By Marty Schwimmer on March 16, 2006
Posted in Copyright

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This blog is published under a Creative Commons license that allows for non-commercial use. Adam Curry recently sued to enforce his CC license in Amsterdam and prevailed. This appears to be the first time a CC license has been evaluated in a court (if you’re aware of others, please advise).
No comment from Prof.

Calcanis Continues Re YouTube

By Marty Schwimmer on March 7, 2006
Posted in Copyright

Jason Calcanis discusses the evolving market for distributing short video content, here in the context of YouTube’s and NBC’s treatment of the Natalie Portman short, first aired on SNL last Saturday night.

Vera Wang In Cyberspace

By Marty Schwimmer on March 7, 2006
Posted in Copyright

Counterfeit Chic on virtual couture, inspired by the Oscars.
Question: right of publicity issues?

Copyrightability Of Insurance Policy

By Marty Schwimmer on March 2, 2006
Posted in Copyright

Prof Patry on a sufficiently original insurance policy that was protectable under copyright.
This is the second time I’ve used an insurance topic as a pretense to link to the Monty Python skit where Mr. Devious tells the Vicar that unfortunately the Vicar had purchased the ‘NeverPay’ policy where ‘it states quite clearly that no…

The Lion Settles Tonight

By Marty Schwimmer on February 24, 2006
Posted in Copyright

Nerdlaw reports settlement in a long-running dispute over ‘The Lion Sleeps Tonight.’ A weema way a weema way.

Free Sampling As Entrapment

By Marty Schwimmer on February 23, 2006
Posted in Copyright

Discourse.net: agreed, this story is funny and tragic.

Protection of Scent in the Netherlands

By Marty Schwimmer on February 20, 2006
Posted in Copyright

Wouter Pors, friend of the blog from Bird & Bird from its Amersterdam office, read our post regarding the protection of scent in France, and writes to inform me that I am sadly behind the times: the Netherlands granted protection to scent two years ago in Lancome v. Kecofa.
English decision in Lancome here.

‘Man-Child In The Promised Land’

By Marty Schwimmer on February 19, 2006
Posted in Copyright

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NY TImes: ‘Man-Child In The Promised Land’: David Johnston has a bi-polar disrder. He is in his 40’s and lives with his parents in Texas. He composes music and creates drawings, mostly with magic markers. His work is popular and has a show in Chelsea coming up. His father buys most of his art…

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