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Why Another Splurge on Generic Domain Names?
A recent article from the Times has been making the rounds reporting that several domain names, such as TRUCK.COM and BEEF.COM have sold for high amounts.
Coincidentally, I recently discovered that LookSmart has posted online an article I wrote for Brandweek in February 2000 entitled “Why The Splurge On Generic Domain Names.” Re-reading
World Wide Mall
Interesting article on the history of shopping malls in America, via The New Yorker. Blog readers following the development of the law of ‘brand as navigator’ (the catchphrase I apply to domain name, meta-tag and keyword cases), know that an implicit question in these cases is: who owns the traffic? Two bits in the
.CN Overtakes .COM in China
Article via Interfax that annual .CN domain name registrations now outnumber .COM registrations in China.
"I Laughed, I Cried, I May Be Liable For False Advertising"
Second Appellate District of the Court of Appeal in California denies Sony’s motion to strike an action brought against it for fabricating quotes by fictitious reviewers in its movie ads. Sony argued that because its movies receive First Amendment protection, that the ads for the movies do as well. The Court held that while movies
Making A Mountain Out of a Swale
Lucas Nursery didn’t do a good good on a customer’s swale. Customer registered lucasnursery.com and posted information criticizing them. Lucas brought an ACPA count. Sixth Circuit held that this was a non-commercial criticism site and registration of the domain name was not cyber-squatting. This case is interesting as it represents the domain name registrant
Is Your Small Business Trademark Infringement Proof?
About.com introductory article bearing the title above, in which I am quoted as viewing trademark protection as a good thing. Not given to absolutes, I would never personally use an expression such as ‘infringement proof.’
BI-AGRA v. VIAGRA
IPKat reports on UK Trademark Registry decison finding BI-AGRA for fertilizer confusingly similar to VIAGRA (for virilizer), on grounds of aural similarity.
Medieval Spawn Spawns Copyright Case in Seventh Circuit
Put some time aside and read this case, in which comic book greats Neil Gaiman and Todd McFarlane tussle over ownership of characters that Gaiman created for McFarlane’s Spawn comic book (including Medieval Spawn, pictured). It’s worth the read just to hear Judge Posner tells us the legend of Spawn. Judge Posner’s discusses what can
Reading Is More Than Just A Good Idea, It's the Law
Cite Judge Posner to your kids (gloss over the dictum point):
“A reader of unillustrated fiction completes the work in his mind; the reader of a comic book or the viewer of a movie is passive. That is why kids lose a lot when they don’t read fiction, even when the movies and TV that