
Dispute regarding infringing vending machines in the UK which seem to be hair styling machines in nightclubs.
DirecTV v Comcast re HD
More fighting re HD claims, this time re Comcast’s allegation that it provides a better HD image.
Introduction to Trademarks Podcast
Proving that I have the face for radio and the voice for print, I recently recorded two podcasts with the lovely and talented Colette Vogele, San Francisco IP lawyer and podcast empresario.
The first podcast is about Trademark Application Basics, and is intended to address the sort of issues raised in that first phone call between prospective client and the tm attorney.
Topics include:
Forming the attorney-client relationship
Conflicts of interest
Lanham Trademark Act
US Trademark office search site
US Trademark office on how to register
The second podcast, which could be titled “I got a demand letter – what do I do now?” attempts to summarize all trademark law in 20 minutes.
Topics include:
Lanham Trademark Act
Anti-cybersquatting act
UDRP
Declaratory Judgment Act
Amercan Blind vs. Google case
You can subscribe to Collete’s IP podcast ‘Rules For The Revolution’ through iTunes.
Perfect 10 v Google and Amazon
Perfect 10 v. Google and Amazon, 06-55405 (9th Cir. May 16, 2007)
Summary of Perfect1o decision by John Ottaviani.
Comment by Oren Kerr on what constitutes a copy here.
Copyright In Copyright Complaint?
WSJ Law Blog: “Is It OK for Lawyers to Copy Complaints?” (SF Lawsuit copies Premiership lawsuit against YouTube)
Professor Bainbrige: “Copying Another Lawyer’s Work” (Its not a copyright issue, it’s an ethical issue).
I awiat Prof Patry’s take.
Help Me Write My May 22 New York Speech
I will be one of the speakers at Thomson Compumark’s IP Law Educational Forum: “Trademark Law and The Internet.” IT will be May 22, 9 AM, at Thomson Compumark’s offices on Fifth Avenue.
Trademark Law and the Internet is a big topic. It could include:
Domain name policing
International domain names
Search engine keywords
Personal jurisdiction
Policing counterfeits
Intermediary liability (i.e. eBay)
User Generated Content Issues (MySpace)
What would be useful stuff for me to talk about? Email me at marty at schwimmerlegal dot com.
UPDATE: An anonymous colleague writes that the only thing people want to discuss at the conferences he goes to is keyword advertising. True?
UPDATE 2: A different anonymous colleage writes that keywords have been done to death and that I should discuss domain-tasting. Modifying that slightly, how about a discussion of the minefield that is registrar-delete, redemption grace period and sunrise periods and that fun stuff?
UPDATE 3: I should point out that Thomson will make available a podcast of the May 22, therefore, even if you live south of 14th Street or north of 57th Street and can’t make it, you could still email me a question/issue, and hear it discussed. 98 people have signed up so far and I hope to tap into the collective wisdom in the room.
Uri Geller Bends DMCA With His Mind
Via Boing Boing, EFF takes on Uri Geller’s use of the DMCA.
Secondary Meaning In Color Mark Decision In Washington
Seattle Trademark Lawyer: “No Secondary Meaning for Color Mark Means No Enforceable Trademark Rights”
Brooks v. Payless and Exeter Brands
IP and Entertainment Law Blog: ‘Brooks v. Payless ShoeSource and Exeter Brands (subsidiary of Nike), re infringement over ‘boomerang logo, text of complaint available.
Broadcast Law Blog
Davis Wright Tremaine: “Broadcast Law Blog”