In July of 2002 I posted a piece entitled “The Trademark Implications of Spoofing Music Downloads – Self-Tarnshment?” regarding the (alleged) practice of the music industry and its representatives to upload defective and mis-labeled audio files. The implied purpose was to degrade the quality of the libraries of music files on peer to peer networks such
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Today’s Moment of Zen Branding
Craigslist has an unconventional approach to investing in its ‘brand’: it doesn’t do anything. “We never even use that word internally,” Mr. Buckmaster [Craigslist’s CEO] said. “We do zero advertising. We don’t have a logo. Now we’re told that we have the strongest brand ever for a company our size.”
from “Rebels With A…
State of The Fried Chicken
Blog compilation of fried chicken stores named after any state in the Union other than Kentucky. Hat tip Kevin.
AFP v. AFP.INFO (French domain name case)
Via Heise Online, a report of a French decision awarding the domain name AFP.INFO to Agence France Press, from a German entity that alleged that it registered the name to provide information regarding ‘Agentur fur Privatschulen’ (Agency for Private Schools). In view of the interesting jurisdictional issues, is anyone aware of an English translation…
One Small Company's Successful Fight Against An Infringer
An amazing blow-by-blow log of a software company going after an infringer (via Slashdot).
A couple of my initial reactions to this story:
1. This is why IP lawyers need to be forensic scientists;
2. This is why IP lawyers go after ‘middlemen’ such as ISPs;
3. This is why anonymity on the ‘selling’ side…
Reading Other People's Mail: MPAA v. LokiTorrent
A demand letter sent by an unidentified law firm representing the MPAA to LokiTorrent, a site allegedly facilitating unauthorized distribution of digitized movies using BitTorrent, a PTP protocol. Via Slashdot.
Test For A Little Tenderness

Here’s the thing to remember that gets forgotten. One of the functions of trademarks and appellations of origin is to act as shorthand. As Judge Posner might put it, consumers save time and money searching products by choosing a brand, as opposed to doing exhaustive analysis of propsective purchases.
One such shorthand is BLACK ANGUS. …
More People Find This Post On Puffery Informative
NY Times article on puffery and truthfulness in advertising claims.
New Trademark Fees
Effective January 31, 2005, trademark fees will change as follows:
Initial Applications:
- (1) $325 per international class if using the Trademark Electronic Application System (TEAS)
(2) $375 per international class if submitting paper
Amendments or Responses to Office Actions:
- (1) $325 per additional international class when the fee is paid as part of a TEAS
…
Trademark Blog's Red Carpet Moment.
The Trademark Blog has been awarded the ‘Best Practice-Specific Legal Blog’ title by Dennis Kennedy of DennisKennedy.com. OK, I know Dennis, but still, there are a lot of good legal blogs listed and discussed here.