Sunday Times of London: “Homeless in Cyberspace” (in which the author forgets to renew her domain name, and a speculator offers to sell it back to her for $888).
MGM Seeks Control of Wargames.com Domain Name
IHT: “MGM seeks control of Wargames.com site name.” MGM is apparently planning a sequel to the film ‘Wargames.” The domain name registrant has put up a war games-related site since receiving the demand letter, which of itself will not be all that probative. This registrant also has been in the news in 2005 when he won the papal name domain name sweepstakes.
I Want To Thank All The People Who Made This Award Necessary
If I disclose that I refer all my IT contract work to my friend Dennis Kennedy, does it cheapen this award? In any event, here’s a list of good law blogs (and mine).
Example Of A TM DJ Action
Defendant purports to own rights in ASPEN. Plaintiff (Victoria’s Secret) uses a skiing theme in its seasonal promotion, including references to the ASPEN ski resort. Defendant requests cessation. Plaintiff alleges that it is not using term as a trademark. Defendant threatens lawsuit but doesn’t sue. Plaintiff files action for declaration of non-infringement. Complaint here.
DeathlyHallows.com
Registrant:
Christopher Little Literary Agency
10 Eel Brook Studios
125 Moore Park Rd
London
SW6 4PS
UK
Domain name: DEATHLYHALLOWS.COM
Created on: 2006-12-21
Expires on: 2008-12-21
Christopher Little is JK Rowlings’ agent. It was announced today that Harry Potter and the Deathly Hallows will be the name of the seventh book.
Wrestler v. Jay-Z Over ‘Diamond Cutter’ Hand Gesture
Wrestler Diamond Dallas Page is suing rapper Jay-Z and Rocwear and Roc-a-fella Records over use of a ‘diamond cutter’ hand gesture. Diamond Dallas Page v. Shawn Carter p/k/a/ Jay-Z, 2:05-cv-08475-DSF-JWJ (C.D. Cal 2006). Coverage here. Given that the complaint is not available on Pacer, we can’t evaluate some fairly novel elements here, such as the description of the mark, the manner in which defendants used the mark, and how one person using a hand gesture can be confused with another person using a hand gesture.
UPDATE: depictions of the hand gesture here.
70% Of China’s Internet Bandwidth
According to this website, quoting The Economist, 70% Of China’s Internet Bandwidth is used for the transfer of pirated films. HT IP Dragon, which also notes that in China, counterfeitors are putting ‘special trademarks’ on their counterfeits, to prevent counterfeitors from copying the copies (??).
“Does Not Know Kazaa From Kazoo”
NY Lawyer (free reg req): “Piracy Suit Being Dropped Against NY Mom” (RIAA suit against ‘Internet Illiterate’ mom who ‘does not know Kazaa from kazoo”, dismissed, without prejudice).
The Weinstein/Blockbuster Deal And First-Sale Doctrine
The Weinstein Company (headed by the former heads of Miramax) have signed a deal that is characterized as allowing only Blockbuster to rent its movies. This discussion does a good job of explaining First-Sale Doctrine and why Blockbuster can’t prevent NetFlixfrom purchasing Weinstein DVDs and renting them. However, the DVDs will likely have Blockbuster’s name all over them. HT HackingNetFlix.
Prof Patry v. Bambi
Prof Patry on what he views as perhaps the worst Ninth Circuit copyright case ever, Twin Books v. Disney.