CircleID: “EU NameSpace is Dead?”
New Trademark Law Blog: Beauty Marks
Friend and former Westchester, now Seattle resident Jessica Stone Levy has begun a new blog “Beauty Marks” featuring ‘miscellaneous thoughts about trademarks and branding.”
“Forum Selection Clauses: The 2d Disses the 7th”
Prof Patry: “Forum Selection Clauses: The 2d Disses The 7th“:
“Many commercial contracts have forum selection clauses, including those whose subject matter is intellectual property. In an attempt to overcome common law hostility to such clauses (based on a fear that they “ousted” courts of jurisdiction), the Supreme Court has encouraged enforcement of properly constituted and agreed-to clauses that place jurisdiction in foreign courts over the parties’ disputes. (Whether those courts will agree to be so roped into the dispute is a different matter).”
“Foreign B-Ball Manufacturer Not Liable For Failure To Mark Origin”
43(B)log: “Globetrotting: Foreign B-Ball Manufacturer Not Liable For Failure To Mark Origin“:
“Molten advertised its “Dual Cushion Technology” as its own innovation, and it was featured as a proprietary design created by Molten in FIBA Assist Magazine, “[t]echnology that only Molten can create.” Amazon.com labels Molten balls as featuring “Innovative Molten Dual Cushion Technology” Baden objected to this advertising, as well as to the absence of country of origin marking; since the balls are not US-made, this allegedly deceives consumers as to source.”
I Think The Witness Has To Say Unambigously “I Invoke The Privilege”
“It’s About Piracy, Not Privacy”
Nancy Prager on News.com: “It’s About Piracy, Not Privacy“:
“While Harry Potter may need an invisibility cloak to fight evil, the average Internet user does not need a cloak to use the Internet. The anonymity TorrentSpy has offered its users facilitates the mass distribution of content without permission or compensation to the owners of the copyrights in those works.”
Re-positioning Iraq
WaPo: “The Pentagon Gets A Lesson From Madison Avenue“:
“In the advertising world, brand identity is everything. Volvo means safety. Colgate means clean. IPod means cool. But since the U.S. military invaded Iraq in 2003, its “show of force” brand has proved to have limited appeal to Iraqi consumers, according to a recent study commissioned by the U.S. military.”
Lawyers Sue PTO Over PTO Deputy Director’s Qualifications
From Slashdot:
“According to the suit, filed Monday in the U.S. District Court for the District of Columbia, Congress amended the Patent Act in 1999 to require that the Director and Deputy Director of the USPTO each have “professional experience and background in patent or trademark law.” Peterlin’s appointment, announced May 8, violates the statute because she “lacks the requisite professional experience and background,” the suit said. […] They are asking the court to order Gutierrez to dismiss Peterlin immediately and establish rules to assess what qualifies as a professional background and experience in patent or trademark law. They also want the court to order Gutierrez to appoint a replacement for Peterlin who fulfills those requirements.”
Copy of the complaint here.
From Ms Peterlin’s bio:
Before joining the USPTO, Ms. Peterlin was Counsel for Legal Policy and National Security Advisor for the Speaker of the U.S. House of Representatives, J. Dennis Hastert. In this role, she advised the Speaker, House and Senate leadership, and senior staff on legislative policy and strategy, including judiciary issues such as IP protection, and international relations issues.
She previously was General Counsel to Richard Armey, Majority Leader of the U.S. House. She clerked on the Fifth Circuit Court of Appeals for Judge Jerry E. Smith. Ms. Peterlin also served as an Officer in the U.S. Navy for four years, working in the communications field.
A native of Daleville, Alabama, Ms. Peterlin holds a bachelor of arts from the College of the Holy Cross. She earned a legal degree cum laude from the University of Chicago, where she was the founding Editor in Chief of The Chicago Journal of International Law. She is a member of the New York State Bar and lives in Virginia.
Ms Peterlin is a member of the Federalist Society.
From Alice’s Restaurant:
You know, if one person, just one person does it they may think he’s really sick and they won’t take him. And if two people, two people do it, in harmony, they may think they’re both f—-s and they won’t take either of them. And three people do it, three, can you imagine, three people walking in singin a bar of Alice’s Restaurant and walking out. They may think it’s an organization. And can you, can you imagine fifty people a day,I said fifty people a day walking in singin a bar of Alice’s Restaurant and walking out. And friends they may thinks it’s a movement.
Harry Potter and the Product Placement
You have to wonder how much Scholastic Books had to pay to get the White House to make Voldemort president for a few hours on Saturday.
Bon Jovi v Mijovi
WSJ Law Blog: “Rocker Threatens To Sue“:
“Jon Bon Jovi — born John Bongiovi – has sent a cease-and-desist letter to beverage maker Mijovi. The New Jersey rocker apparently saw a Mijovi drink at a Red Bank cafe and thought it was too similar to his own name. He then enlisted his lawyer Peter Laird to fire off a missive to the company. We haven’t seen a copy, but we hope it opened with, “You give coffee-based energy drinks a bad name!””