
Overlawyered: Animal Copyright Foundation seeks royalties for animal mascots to benefit conservation causes.
WIPO To Announce “Singapore Treaty”?
This Channelnewsasia.com article reports that WIPO has announced a revised Trademark Law Treaty, to be named the Singapore Treaty, after the location of the recent conference. No announcement on the WIPO site yet. Background here.
Neon Signs In Seattle
My Father Turned 90 Yesterday
How about that?
Right of Publicity Of One’s Van
Gaming VERO and the DMCA?
This seems like a paradigmatic lawsuit for IP on the Internet.
Plaintiff creates a guide relating to Defendant’s product, which product is protected by TM and Copyright. Plaintiff sells the guide on eBay. Defendant notifies eBay that Plaintiff’s product infringes, and requests termination of eBay auctions, pursuant to its VERO program. Plaintiff submits multiple VERO requests using at least two claimant names. Plaintiff might characterize Defendant’s actions as ‘gaming VERO’ and the DMCA (see complaint for Plaintiff’s description of the correspondence between Defendant, eBay and Plaintiff).
While, as far as I can tell, there has not yet been a determination of whether plaintiff’s product does in fact infringe Defendant’s rights, Plaintiff’s product appears to have been kept off eBay several times during November and December.
Plaintiff has now sued Defendant for, inter alia, tortious interference.
Coverage here.
Can Marvel and DC Both Own The SUPER HERO Trademark?
Los Angeles Times column against claim by Marvel and DC in SUPER HEROES trademark.
I’ve discussed the potential issues re the SUPER HEROS trademark here in 2004, the last time the issue made news. In (brief) response to the emails I’m receiving from readers on this: (1) Despite the text book definition of a trademark as a symbol designating a single source, two or more otherwise unrelated entities can own a trademark registration (the SWISS ARMY KNIFE mark being perhaps the best known mark that exemplifies this); (2) Registration 1179067 exists and is more than five years old, which means that various presumptions flow in Marvel/DC’s favor.
Parody? Unhappy?
Yahoo Requires U.S. Advertisers To Block Non-U.S. Traffic?
Boing Boing: ‘Yahoo: if you use our ads, you have to block non-US visitors.’
Shameless Self-Promotion Re YANKEE HATER Logo

ESPN.COM article quoting me regarding an opposition brought by the Yankees against someone who filed for a YH logo for his YANKEE HATER gear. To clarify a point, when I said ‘the Yankees aren’t hurt by this’ I was referring to the general practice of fans making fun of their rival’s mascots, which practice has been institutionalized with the ‘rivalry mascot’ business’ (TM Blog background here). I wasn’t referring to the registration of a YH logo reminiscnet of the Yankees’ NY logo, which is what is at issue in the opposition against Moorby. There you have, inter alia, a potential confusion and/or dilution issue.
UPDATE: A colleague has suggested that I disclose that I am in fact a NY Mets fan. However I believe that that this does not impair my ability to give non-commital comments in this matter.



