Railroad modelers strive for historical accuracy. However they will vary a model from an existing building in two respects. The modeler will practice ‘selective compression‘, which involves removing details in order to fit the smaller scale, while retaining the look of the original. Second, they may vary the appearance of ‘trim’: color and
Former son-in-law of owner of JOE’S PIZZA OF BLEECKER STREET uses JOE’S PIZZA and JOE’S PIZZA OF BLEECKER STREET. He also allegedly refers to the original JOE’S in his advertising. He is enjoined from making such references but not enjoined from using the ‘generic’ name JOE’S PIZZA.
Older brother is a hair stylist, ‘hires’ (that’s in dispute) younger brother to film hair styling instructional videos. They part ways. Younger brother continues selling the videos. Older brother sues on copyright, trademark, right of publicity, cybersquatting and infliction of emotional distress. Younger brother moves for summary judgement for all but copyright claim. Mixed
Northern District Cal. enjoins Second Life from removing Plaintiff’s virtual horses on Second Life, subject of DMCA takedown notice sent by defendant (who alleges that plaintiff infringed its virtual bunnies software).
Hardly any 17 USC 512(f) actions in a decade, then two in two months. 512(f) is the notional safeguard against DMCA abuse.
I posted about the Racebrook auction of ‘retired trademarks’ previously. The auction has now taken place and the NY Times reports on the auction winners. SHEARSON went for $45,000, MEISTER BRAU went for $32,500, VICTROLA was a steal at $1000. The gross total of winning bids was $132,000, for about two dozen of the
There is a pending bill entitled the Combating Online Infringement and Counterfeits Act, known as COICA (not to be confused with Cloaca, which is the sex organ of the platypus). The bill would allow the Attorney General to bring an in rem action against any domain name found ‘dedicated to infringing activities.’
I
Google is involved in a lawsuit, now on appeal, with Rosetta Stone about sale of keywords that reflects trademarks. Paul Levy, of the Public Citizen, reviewed Rosetta Stone’s brief and was concerned by the redactions (his concerns discussed here). He succeeded in making public an unredacted copy of the brief available. The unredacted
Tiffany’s petition for cert to the Supreme Court re the Second Circuit decision in Tiffany v eBay has been denied. HT to BL for the tip.
Another case interpreting an advertising injury clause – this time around – “advertising injury caused by offense committed in the course of advertising” arising out of “infringement of copyright, title or slogan.” Insured was accused of various counts of infringement. EDNY (Weinstein, J.): The duty to defend is broader than the duty to indemnify. Carrier
Coverage here.