Lucas Nursery didn’t do a good good on a customer’s swale.  Customer registered lucasnursery.com and posted information criticizing them.  Lucas brought an ACPA count.  Sixth Circuit held that this was a non-commercial criticism site and registration of the domain name was not cyber-squatting.  This case is interesting as it represents the domain name registrant prevailing where the name is a dot com, per se version of the trademark.

Lucas Nursery and Landscaping v. Grosse, No 02-1668 (6th Cir March 5, 2004).

Put some time aside  and read this case, in which comic book greats Neil Gaiman and Todd McFarlane tussle over ownership of characters that Gaiman created for McFarlane’s Spawn comic book (including Medieval Spawn, pictured).  It’s worth the read just to hear Judge Posner tells us the legend of Spawn.  Judge Posner’s discusses what can begin a statute of limitations clock running on copyright (answer: neither copyright notice nor third-party copyright registration)  Also, a discussion of scenes-a-faire doctrine (in which McFarlane argues that he uses ‘stock characters).

Gaiman v. McFarlane, 03-1331 (7th Cir Feb 20 2004).

Cite Judge Posner to your kids (gloss over the dictum point):

“A reader of unillustrated fiction completes the work in his mind; the reader of a comic book or the viewer of a movie is passive.  That is why kids lose a lot when they don’t read fiction, even when the movies and TV that they watch are aesthetically superior.”

from Gaiman v. McFarlane (Discussed above).

INTA’s book “Trademarks Law and the Internet” has now been updated.  The book is edited by Neal Greenfield (who is affiliated with SchwimmerLegal, helping clients, among other things, manage their domain names); and Lisa Cristal (who comes by here for lunch sometimes).  I co-authored a chapter for the supplement entitled “UDRP Trends” with Patrick Jones, of Silverberg, Goldman & Bikoff (and UDRPLaw.net fame).  Topics include ICANN, jurisdiction, ACPA, Web Abuse, and International Developments, authored by star cyber-practitioners in over 20 jurisdictions.

Sample chapters from the prior supplement, including mine on “Domain Names and the Commercial Market” are available online here.