Music Radar: Fender Loses Guitar Copyright (sic) Case:
Guitar makers Fender have lost an application to make its Stratocaster, Telecaster and Precision guitar body shapes a trademark in the USA.
“Protest Against Removal of Text-to-Speech Function From Kindle”
By Marty Schwimmer on
Posted in Copyright
Facebook Group organizes “Protest against the removal of the text-to-speech function from e-books”:
The Authors Guild is pressuring Amazon to modify the Kindle 2 so that the synthetic speech function can only be used with the express authorization of the owner of the copyright of a work. A coalition of organizations that represent or work with persons with reading disabilities is organizing a protest to persuade the Guild to change its position.
HOLY INVASION OF PRIVACY, BADMAN! by Sony?
By Marty Schwimmer on
Posted in Likelihood of Confusion
Check out serial no. 77/695031 – HOLY INVASION OF PRIVACY, BADMAN!, covering video games, filed by Sony Computer Entertainment, Inc. Snark Hunting provides the contextual information that might not be obvious to people younger than 40 that in the TV version of Batman, the campy 60’s version, Robin would invariably say HOLY _______, BATMAN!
Yes, the show does reward repeated viewing (as does Snark Hunting).
Further To Yesterday’s Discussion of Contracts of Adhesion . . .
By Marty Schwimmer on
Posted in Contracts
. . . here is a blurb indicating that the 9th Circuit held that a clause waiving cell phone customer’s rights to bring a class action was unconscionable and unenforceable. HT Venkat.
Today’s PR Headache For Facebook
By Marty Schwimmer on
Posted in Copyright
The Register: “Pirate Bay Linking Could Implicate Facebook, Says Lawyer“:
The Pirate Bay has unveiled a feature that makes it easy for web users to post links to pirated material on their Facebook page. The activity risks passing liability for copyright infringement onto Facebook, a technology lawyer warned.
Scribd Not Attacked By JK Rowling
By Marty Schwimmer on
Posted in Copyright
TechCrunch: “Harry Potter Author JK Rowling Attacks Scribd For Pirated Content”
Scribd says that the is no battle going on between Rowling and the site, and that the Times piece is “inaccurate and misleading”, going on to say that Scribd is not being threatened with legal action.
Resources For Tonight’s Discussion on the Facebook ‘Content’ ToS Issue
By Marty Schwimmer on
Posted in Miscellany
“The Updated Facebook Policy: Who Owns Your Posted Information”
The talk will be at 6 PM tonight at NY Law School, Wellington Conference Center, C Building, 5th Floor.
The Facebook Terms of Service.
The Consumerist Blog piece that started the flap.
Mark Zuckerberg post on the Facebook blog.
Facebook Bill of Rights.
SF Gate article of 2008 discussing ‘contradiction with ToS.
Prof Goldman discussion of the flap (with many links).
Discussion of clickwraps
Prof Goldman on word-of-mouth.
“Hundreds Year Old Bean Curd Brand”
By Marty Schwimmer on
Posted in International
“Chinese Brand Confident Of Winning Trademark Dispute Appeal In Germany“:
Beijing-based Wangzhihe, established in 1678 and specializing in Beijing-style pungent beancurd, noticed in July 2006 that its brand had been registered by OKAI on Nov. 21, 2005. As it wanted to expand into the German market, it filed a lawsuit against OKAI in a court in Munich in January 2007.
Background here.
Take Advantage Of The Transitional Provisions Of The CTM
By Marty Schwimmer on
Posted in Trademark Practice
OHIM has announced a reduction in overall Community Trademark Fees effective in May. The upfront fee will be raised but the back-end registration fee will be abolished. Applications filed now will have the current soon-to-be-raised upfront fee and no back end fee. Friends of the blog Mastovito Wyness explain why the time to file is now.
WE SPEAK CAR v WE SPEAK CAR
By Marty Schwimmer on
Posted in Likelihood of Confusion