Draft of Bill introduced in Senate: “Inducing Infringement of Copyrights Act of 2004.”
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2d Circut on Common Law Copyright
2d Circuit discussion of New York State common law and international copyright issues.
Capitol Records v. Naxos, 03-7859 (2d Cir. June 21, 2004).
Both Phish and Foul
Master Card hooks up with NameProtect to fight phishing, via Internetnews.com.
Definition of Phishing here.
Phish discography here.
'I Know Nothing'
The Indiana Supreme Court decision below is notable for its use of the phrase ‘Sgt. Schultz defense’ to refer to the practice of reducing one’s liability by avoiding involvement in an act, and then stating, like Sgt. Schultz in Hogan’s Heroes, “I know nothing.” However I can no longer think of Hogan without thinking…
Utah Ant-Sypware Law Enjoined
Via news.com, report that WhenU has received an injunction of Utah’s anti-spyware law.
Law Students: Possible Note Topic – Trademark Quality Control v. Product Liability
On the one hand, a trademark owner has a duty to exercise quality control over a licensed product manufactured by a third party. On the other hand, some courts will apportion product liability to the trademark owner relative to its role in the manufacture, design and distribution of the licensed product (which could encourage the…
Tidbit From Google's SEC Filing
From Google’s SEC Filing:
We also face risks associated with our trademarks. For example, there is a risk that the word Google could become so commonly used that it becomes synonymous with the word search. If this happens, we could lose protection for this trademark, which could result in other people using
…
Tiffany & Co. Sues eBay
Tiffany sues eBay. At issue is: who should bear the burden of policing marks on eBay? The Reuters article claims that at one point, 73% of all jewelry marked as TIFFANY on eBay was counterfeit.
Matrix Parody
Via KillerMookie via Flynnberg, a very funny parody of The Matrix.
Bacardi, Politicians, Donations, Trademarks
Political rival charges Congressman DeLay of accepting $20,000 from Bacardi in exchange for influencing legilsation that aided Bacardi in its trademark fight regarding the HAVANA CLUB mark. Via Houston Chronicle.
A previous instance of allegations that Bacardi contributed to politicians (in that case, $50,000 to Jeb Bush) to affect trademark matters, here.