Coverage on Judge denying preliminary relief in Hangover tattoo case, noting that while the tattoo artist was likely to prevail, the harm in enjoining the release of the movie outweighed the harm in denying the injunctive relief.

Attached is the public portion of Prof Nimmer’s declaration on the copyrightability of tattoos, answering the question: how is Mike Tyson’s face like frost on a glass?

 
Nimmer Part 1(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “http://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();

Plaintiff wrote parody of the Keanu Reeves masterwork ‘Point Break‘ (which also marked the zenith, I might add, of Lori Petty’s work).  The work was produced as a play by defendants, who decided to stop paying plaintiff royalties, arguing that plaintiff could have no rights in the parody as she had no rights in the underlying Point Break script.

Not correct.   The creator of an unauthorized but lawful derivative work, such as a parody, can obtain copyright in the protectable new derivative material.  Motion to dismiss denied.

 
Decision Point Break(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “http://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();

“Seized Sites: The In Rem Forfeiture of Copyright-Infringing Domain Names” by Andrew Sellars

Abstract:

In the summer of 2010, the Immigration and Customs Enforcement Division of the Department of Homeland Security began “Operation In Our Sites,” an enforcement sweep targeted towards websites allegedly dealing in counterfeit goods and copyright-infringing files. The operation targeted the websites by proceeding in rem against their respective domain names. For websites targeted for copyright infringement, ICE Agents used recently-expanded copyright forfeiture remedies passed under the 2008 PRO-IP Act, providing no adversarial hearing prior to the websites being removed, and only a probable cause standard of proof.

This Paper examines three specific harms resulting from Operation In Our Sites, and three ways in which the enforcement sweep could be changed to better balance the interests of intellectual property enforcement and free expression. By removing content from the Internet before being fully adjudicated as infringing, the civil forfeiture remedy works a prior restraint of speech. To avoid this, this Paper urges Congress and the courts to institute the same procedural First Amendment protections in place in the area of obscenity to copyright infringement. Secondly, the alleged infringement here appears to be conducted by third parties posting material on the websites. By keeping website owners out of the dispute process, this remedy disrupts the cooperative spirit sought to be instilled by the Digital Millennium Copyright Act’s inclusion of statutory safe-harbors for online service providers. To reinstate this cooperative spirit, agents should be required to attempt in personam contact against the website owners before proceeding against the websites in rem. Finally, by targeting website domain names instead of actual content servers, Operation In Our Sites has not effectively disrupted the activities of the targeted websites. In fact, many websites have grown in popularity since this enforcement sweep began. Due to the dubious efficacy of targeting domain names, this remedy should be reserved for situations where there exists some other extrinsic reason to believe that the enforcement tactic will work.

Owner of registrations for LIVE COMFORTABLY v La-Z-Boy for use of LIVE LIFE COMFORTABLY.

Complaint Live Comfortably(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “http://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();

I’m Ollie.  Plaintiff, Unilever, owns an extensive portfolio of over 25 trademarks ending in -SICLE such as POPSICLE, FUDGSICLE and CREAMSICLE, primarily for quiescently frozen treats but for non-food goods as well.  I note in passing that the inventor, Epperson, had originally called his first creation the EPSICLE, which he re-named the POPSICLE.  Defendants promote BONESICLES, a ‘freezer pop dog treat.’  The website claims that ‘taste tests show 100% of dogs loved the flavor.’  A bold claim indeed.  Unilever moves under infringement and dilution theories.

Unilever asserts a family of marks, that is to say, the  -SICLE suffix has achieved secondary meaning, a reasonable assertion considering the popularity of POPSICLES, FUDGSICLES and CREAMSICLES among humans.

But query: whither Chewy Vuitton?

Complaint Unilever Koolpet(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “http://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();

Thank you to everyone who submitted their IP blog or twitter feed to be included in the IP BlogDex (updated, found here).  If you would like to be included, click on the bright shiny ‘contact me’ button above, and send me a link, a clever blurb, and your jurisdiction.

The reporting on Disney’s application for SEAL TEAM 6 is omitting an interesting fact.  The Navy owns registration 3285473 for SEAL, registered in 2007.  The specimen is reproduced above.  It is a collective mark indicating membership in a “organization of applicant that develops and executes military missions involving special operations strategy, doctrine, and tactics.”  Collective marks are used by members of an organization that sets and enforces criteria for membership.  AAA and AFSCME are examples of other collective marks.

Welcome to the first annual IP Law BlogDex.  If you would like your blog to be included, please click the bright ‘contact me’ button on the snazzy new template.

INTERNATIONAL

Art & Artifice: a weblog that focuses on not just intellectual property but all areas in which art meets the law

Class 99:  dedicated to design law and practice in the UK, in Europe and beyond. It is written by a team of acknowledged experts in the field

Intangitopia:  all about the transformation of the IP landscape in today’s knowledge society. Especially focusing in on the intersection between law, business and technology where it all happens, by an interdisciplinary group of 5 graduate scholars.

IP Finance:  touches that delicate interface between intellectual property and the world of finance, addressing securitisation, valuation, royalty rates, assessment of damages, the death of old business plans and the evolution of new ones.

PatLit: tackles a wide range of patent dispute resolution topics, not just from the UK but from wherever interesting news and comments emerge.

The SPC Blog: a handy information source for anyone who is involved in the tiny but invaluable world of supplementary protection certificates for pharmaceutical and agrichemical patents.

World Trademark Review Blog:  specialist journalists break news and report insight on trademarks, brands, domain names – and the business strategies underpinning them (UK Publication)

AFRICA:

Afro-IP: Deals with the IP scene in Africa

AUSTRALIA/ ASIA PACIFIC:

Fortnightly Review:  An independent law blog that provides analysis of IP & Media Law Issues written by Australasian academics from law, economics and related disciplines.

IP Wars: Warwick writes mainly about IP in Australia

Patentology:  News and views on patents and innovation, with a focus on Australia and New Zealand.

BRAZIL:

Entertainment Law Brazil: discussing mostly the legal developments of the entertainment industry in Brazil and Latin America, giving completely unrequested – and sometimes controversial – insights.

Trademark Law Brazil:  discussing mostly the legal developments of the trademarks, distinctive signs and unfair competition  in Brazil and Latin America.

CANADA:

Excess Copyright: about excess in Canadian and international copyright law, trademarks law and patent law (by Howard Knopf, a practitioner).

COSTA RICA:

ALPI and @aliplaw: Blog and twitter feed on updates on the most relevant developments of IP law in Costa Rica, by a Costa Rican practitioner

EUROPE:

Class 46: founded by friends of MARQUES and driven by a 15-strong team, this blog delivers trade mark and brand-related news and developments from across Europe.  Class 46 is now hosted by MARQUES

IPKat:  All things EC IP although there is an Amerikat sometimes.

FRANCE:

Le petit Musee des Marques: A French perspective on trademark law and its unusual aspects.

SansBlog:  From IP Twins.

INDIA:

SiNApSE IP:  An initiative of Braion League, created with an idea of showcasing the diversity of approaches towards IP.

Spicy IP:  We aim to foster a more transparent, collaborative and productive IP/Innovation Eco-System for India.

LATIN AMERICA:

IP Tango:  Spanish language blog on the IP scene in Latin America.

Poland:

Polish Your IP:  Marek Lazewski’s attempt at a blog.

UNITED KINGDOM:

AZRights IP Brands Blog and @Azrights:  information and news about trade marks, copyright, internet marketing, social networking, search engine optimization, protection of reputations and brands on the internet by UK practitioner Shireen Smith.

The Bright Spark Blog:  Novel, inventive and capable of distinguishing, by a UK practitioner.

Cyberleagle:  Graham Smith’s blog on law, IT, the Internet and new media.

The 1709 Blog:  caters for the copyright enthusiast. Its team of six, drawn from a variety of backgrounds and interests, seeks to address all aspects of copyright law and practice

UNITED STATES:

BeautyMarks and @beautymarks:   trademarks I like, trademarks I don’t like, and other loosely trademark-related stuff that captures my fancy.

CenterPoint Community:  Thoughts on IP, trademark and litigation issues written for marketing, management and other business people, by Paul Reidl.

Cyberlaw Central:   The digital world, its impact and legal framework, by Chicago-based practitioner, Kevin Thompson.

Duets Blog:  Bridging the Gap or Facilitating a More Graceful Collaboration Between Legal and Marketing Types (by Stephen Baird, a  practitioner).

43(B)log:  False advertising and more

Internet Cases:  A blog about law and technology.

IP Brief:  The American University IP Brief provides an opportunity for law students, professors, practitioners to discuss and learn about substantive IP issues.

IP.comBlog: The blog of IP.COM which provides companies with the tools and solutions to more effectively manage their intellectual property (IP) and innovations.

IPelton:  a blog focusing on trademark prosecution, small business issues, and coverage of TPAC (by Erik Pelton, a practitioner).

IPmetrics and IPmetrics Daily:  blog and twitter daily specializes in the valuation of intellectual property and the assessment of infringement damages – comments on current IP litigation topics and creative ways in which IP is leveraged in the marketplace.  (consulting firm).

Las Vegas Trademark Attorney:  Dedicated to exploring, discussing, and sharing with the world the latest news and legal developments in trademark law — Published by Ryan Gile.

@LeasonEllis – Twitter feed of (my) IP firm specializing in patents, trademarks and copyrights.

The Legal Saytricon:  Occasionally irreverent thoughts on life, liberty, tech and politics.

Likelihood of Confusion:  Ron Coleman’s blog on trademark, copyright, Internet law and free speech.

Marks and Secrets: This Business, Intellectual Property, and Internet Law Blog” focuses on IP issues in the internet sector — specially on digital rights, privacy, competition and online trademark rights.

Property Intangible: A blog about the ownership of IP rights, written by an in-house lawyer who’s worldview is: “Open Source Rules!”

Seattle Copyright Watch: IP law is fascinating and it’s too bad that lawyers in other practice areas are missing out on the fun.

Seattle Trademark Lawyer:   Trademark law developments from Seattle and beyond.

Securing Innovation:  IP.com’s business blog about managing IP, trademarks, patents and trade secrets.

Shades of Gray:  Copyright law from black to white and everything in between.

Statements of Interest:  Looking at life through a lawyer’s lens (Cathy Gellis being the lawyer).

Symbus, the blog and @IPLawChicks:   The blog and Twitter feed for an IP virtual law firm commenting on timely IP topics.

Technology, Marketing and Law Blog:   Prof. Goldmans’ blog has been covering IP, Internet Law and Advertising Law since 2005.

The Trademark Blog and @trademarkblog:   Luxury trademark news at popular prices.

TTABlog and @TTablog:  Keeping Tabs on the TTAB (r)

TraverseLegal: Anything is possible in the Purple Galaxy (by Enrico Schaefer, a practitioner).