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After I posted about the THE OTHER WHITE MEAT demand letter below, I was going to pose a question to the readership: what are the risks in sending dilution-based demand letters? In view of the rapid take-up of this story on the web, one answer seems to be: Don’t send a demand letter to a blogger if the subject matter is breasts, as they make for good copy.
However another issue, raised in one of the forums blasting the Pork Board, caught my eye. It seems that the US Government, through the National Pork Board, owns the PORK, THE OTHER WHITE MEAT trademark, and that they are paying $3 million a year for twenty years, to the private pork trade group, which apparently developed the mark.
The National Pork Board appears to be funded by a ‘pork check-off,’ a payment made by pork producers. Which raises more questions:
Is paying $60 million for the trademark a method of refunding the pork check-off to the pork producers?
Who pays for the PORK, THE OTHER WHITE MEAT ad campaign?
Who pays for the demand letter sent to the breast-feeding website?
The slogan “THE OTHER WHITE MEAT” seems, on its face, not to merely encourage an increase in consumption, as the GOT MILK? campaign does. It seems to encourage substitution of pork for other forms of white meat protein, presumably chicken and turkey. Assuming that pork, when eaten in moderation, is as healthful as chicken and turkey (and that might not be a reasonable assumption), should a government agency levy producer taxes to promote product substitution (as opposed to merely promote increased per capita consumption).
I’m not familiar with the use of trademarks for ‘check-off’ programs so more information, resources, views, will be appreciated.

Reuters: Viacom demands YouTube pull down videos:
“Viacom Inc. (VIAb.N: Quote, Profile , Research) has demanded that Google Inc.’s online video service YouTube pull down all of its video clips after they failed to reach an agreement, the company said.
About 100,000 video clips from Viacom-owned properties including MTV Networks and BET has been asked to be removed (sic).
Viacom said its pirated programs on YouTube generate about 1.2 billion video streams, based on a study from an outside consultant”
UPDATE: Well, that was fast. Google is taking down the Viacom videos from YouTube. Says a YouTube spokesperson:
“It’s unfortunate that Viacom will no longer be able to benefit from YouTube’s passionate audience, which has helped to promote many of Viacom’s shows,”
Aside: Can you imagine the expense in having to prove ownership of 100,000 videos? Can you imagine having to pay damages for 100,000 acts of infringement?

NewTeeVee: “YouTube, MySpace Face European Copyright Clash“:
“Collective licensing organizations throughout the continent have been demanding compliance in recent months, seeking their share of the potential billions generated by online video. At the forefront of this movement is GEMA – a German organization that now now has its sights on YouTube and MySpace.”

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Law.com: IP’S Brave New World – Discussion of SecondLife’s IP policy and attempts at dispute resolution.
Slashdot: “EBay Delisting All Auctions For Virtual Property.” (“Given the nebulous nature of ownership in online games, eBay has decided the prudent decision is to remove the possibility for players to sell what might be the IP of other parties via their service. “)

CircleID: “Google’s Top 10 Search Terms Dominated By Trademarks“: “The moral of the story is that consumers are generally searching specifically, rather than generically. While generic search terms remain important to website owners who are concerned with search engine ranking and increasing their traffic, the vast majority of the top search terms are unquestionably trademarks.”

Manufacturing Talk: “Holographic Labels For Security“:
“An ex-fashion model, Rodrigo Otazu’s move into jewellery has been embraced by a number of celebrities, including Britney Spears, who have worn his designs. The brand’s success has not gone unnoticed by counterfeiters, and when fake Otazu jewellery began to appear in non-authorised outlets such as market stalls and eBay, the company decided to find a way of authenticating genuine products.”