Do a Google News of Peter Pan Copyright and you will coverage like this of the lawsuit filed by owner of the Peter Pan copyright. Peter Pan appeared in a series of works in the UK in 1904. Determining when and if characters fall into the public domain can be complex (see this excellent resource for international
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Reading Other People's Mail con't – Dow and DMCA
Here is a DMCA demand letter from attorneys for Dow sent to the Yes Men, originators of a Dow parody site. For those of you wishing to use the letter as boilerplate, the second sentence contains a typo and “Dear Verio” is probably not standard business salutation.
More information on the Dow dispute is here…
Which Means There Will Be Litigation and Probably New Legislation
Thanks to How Appealing for the link to this NY Times article on the effect of the expiration of European music copyrights as great recordings from the 50’s go into the public domain under a 50 year term for copyright. In theory, it would be legal to place a European public domain recording on a European…
Third Year of Schwimmerlegal
Two years ago today I began a project for Amazon.com and that was the first billed minute of my own practice after I left the mother firm. A couple of days later Fred at Richemont sent over an assignment. Jane at Bird and Bird was another early supporter.
Today Schwimmerlegal has over 2000 lawyers and annual…
Five Top Ten IP Trends In 2003
I’m not going to write “Top 10 IP Law Predictions for 2003” because I could be wrong (and Google would cache how wrong I was). Better: “Top 10 IP Law Trends to Look for in 2003.” Problem: I can’t think of 10.
1. The Eldred decision will come down eventually. If I were smart enough…
Have a Whine With That Duck
This is DUCKHORN WINES, from Napa. This is DUCK WALK Vineyards from Long Island, near my mother-in-law’s beach place. This is an article from today’s NY Times about Duckhorn protesting Duck Walk’s use of a Duck as a trademark. Duckhorn filed an action alleging that the LI winery chose a duck to intentionally and maliciously trade on Duckhorn’s…
More Litigation Involving Domain Name Transfers
Register.com has announced that it obtained an injunction against the “Domain Registry of America” regarding its “slamming” tactics to induce domain name transfers.
Will MECCA COLA Hit The Spot?
The NY Times reports on the success of MECCA COLA, a cola drink targeted at Muslims who wish to boycott Coca-Cola. You can look at MECCA COLA’s trade dress here. Sainsbury came out with a red can for its Classic Cola years ago and had to remove the white stripe (Google Sainsbury Cola Trade
ZILDJIAN
Armand Zildjian, chairman of the Avedis Zildjain company, died recently. If you have seen a drum set, then chances are you have seen the flowing ZILDJIAN mark on cymbals or drumsticks. The Avedis Zildjian company was founded in Constantinople in 1623 and moved to Massachusetts in 1929. Zildjian is the oldest family business in the U.S.
Judging a Book by The Brand on its Cover
An article from BrandChannel on branding in the publishing industry addressing, in part, the concept of author as brand.