Radio and Records: “Labels Seek Lower Royalty Rate“:
“Record labels are asking a panel of copyright judges to lower the rate they pay music publishers and songwriters for the use of the lyrics and melodies with which they create sound recordings.”
New Blog From Graham and Dunn Attorney
Seattle Trademark Lawyer by Seattle trademark lawyer Michael Atkins.
PopWink: Branding and Naming Blog
Cintara, a branding agency, puts out PopWink, a branding blog. Many good posts.
Dog Whistles
Here’s a fact pattern for the libel law final: A publishes someting per se libelous about B, however they do so using a code that is only understand by A’s group, all of whom hate B and among whom B has no reputation to damage. The public at large can’t read the message when exposed to it. Inspiration for that odd thought here.
Australian Flea Market Operators Want To Know:
Why is it infringement to authorize infringement of copyright or patent, but not trade mark? Horsehair wig wearer Warwick Rothnie discusses a case brought by LVMH against an Australian ‘trash and treasure’ market.
Tom Brady Sues Yahoo! Over Use Of Image
Tom Brady has sued Yahoo! over its use of his image (center, above) to promote Yahoo! Fantasy Football (a game which utilizes real players stats – see yesterday’s post re use of sports statistics). Copy of Brady v Yahoo complaint here via The Smoking Gun.
Who Owns Baseball Statistics?
Glenn Mitchell, head of litigation here, has written, Take Me Out [of] the Ball Game? U.S. District Court Rejects Proprietary Rights in Player Names and Statistics” regarding C.B.C. Distribution v. MLB, a recent decision on who owns baseball statistics, published in the November-December issue of INTA’s The Trademark Reporter.
Gower Report On IP In The UK Released
Her Majesty’s Treasurer has released the Gower Review of Intellectual Property. IPKat took a quick look and notes highlights in the recomendations: NO copyright extension; Fast-track trademark registration process for small business; enhanced safe-harbors against copyright infringement. Attention UK practitioners: after you’ve had a chance to mull, send me links to your comments.
Managing Intellectual Property article on Gower.
Chancellor of the Exchequer response, via MIP.
Lovells on Gower.
Today’s Time Waster: Name Famous Trademarks Of Products That Don’t Exist
I’ll go first:
DUFF BEER
VITAMETAVEGEMIN
GUZZLER’S GIN
SPACELY SPROCKETS
COGSWELL COGS
BIG KAHUNA BURGER
Not accepted answer: LOG by SPUMCO, because Nick did actually sell a log.
The answers are pouring in. Noted scholar James G. writes:
The Simpsons has had several great fake knock-off brands:
SORNY
MAGNETBOX
PANAPHONIC
and my favorite would have to be an infringement of a product that also doesn’t exist:
FUDD BEER
Of course, these things work a little in reverse (the real DUFF).
AND MORE:
GENCO Olive Oil
WHIZZ-O Chocolate crunchy frogs
UPDATE: LJW Of NYC writes to add:
OCEAN By Calvin Klein
HENNIGAN’S Scotch
LARAMIES Cigarettes
KRUSTY KRAB KRABBY Patties
CUP O’ PIZZA
OPTIGRAB glass holders
OCEANIC Airlines
ACME exploding bird seed, exploding carrots, anvils, huge slingshots, etc.
AND WHILE WE ARE ON THE SUBJECT OF ACME:
All ACME products can be viewed here.
“CASSIUS CLAY, Appropriation, Sport, Free Speech and the Law”
Good fact pattern for law professors. Tough fact pattern for lawyers.
Murketing: “Cassius Clay, Appropriation, Sport, Free Speech and the Law.” An artist saw a 1965 photo of Muhammed Ali, then named Cassius Clay, wearing a t-shirt emblazoned with his own CASSIUS CLAY logo (logo depicted above). The artist discusses his creation of shirts today with the logo, and his own research into the cases distinguishing between trademark use and free speech, such as the Tiger Woods and Three Stooges cases. HT 43(B)log.
Among all the issues raised in the article, I’ll merely note in passing that treating 250 skate boards as a platform for First Amendment speech is problematic for IP rights holders.
Background: Muhammad Ali Sells 80% of His Name