I f I were Senator Hatch’s press secretary and I was trying to back him out of the remark reported in this Washington Post article where he allegedly said that maybe the only way to teach some people about copyrights would be to allow the copyright holder to destroy their computers, I would suggest to him that he say that he was not referring to destroying the computers of home users who might have in effect shoplifted a few CDs or movies, but was instead referring to those professional counterfeiters who use their computers as illegal printing presses to distribute counterfeit works on a large scale.  In that sense what the senator is suggesting is not so different from the remedies for destruction of means of infringement as provided already in Section 503(b) of the Copyright Act and Section 36 of the Trademark Act. Except for the due process thing.  Or maybe he should just deny ever saying it.

UPDATE: What Senator Hatch’s press secretary told him to say in real life here.

Fourth Circuit decision on, among other things, the difference between making a remote junior user affirmative defense, and objecting to a geographically overbroad injunction.  No discussion of the importance of trademarks in the fire truck market.

Emergency One v. American Fire Eagle Engine Company, No 02-1483 (4 Cir. June 16, 2003).

Thanks to the Blog reader who sent this item in.  Reeling from its recent setback in the Spike TV case, Viacom must now defend itself against allegations that its use of ODORAMA in connection with its new Rugrats movie  (scratch and sniff card depicted above right) infringes John Waters’ rights in the term.  He used it first in his 1981 comedy Polyester (scratch and sniff card depicted above left).  The director of the Rugrats movie has stated, probably without advice of counsel, that she was inspired by John Waters and meant the use of ODOROMA as an homage to him.  That reminds me of Tony Roberts’ line in ‘Stardust Memories:’ “Homage? We outright stole it.”  Disclaimer: that remark was not intended as subtle commentary on the merits of the matter. 

Polyester card image obtained from film gallery site here.

CareFirst is the Maryland affiliate of BlueCross BlueShield.  Its press release states that a decision by a federal judge regarding reforms pressed upon CareFirst by Maryland’s Insurance Commissioner “ensures its continued use of the trusted Blues trademark.”  The national BlueCross BlueShields organization had suspended CareFirst’s affiliation and ability to use the BlueCross BlueShield mark, arguing, according to this article, that the state-imposed requirements had created a state-takeover that in effect that violated its trademark agreement with CareFirst.

NY Times article suggesting that one fifth of Paraguay’s economy consists of smuggling, including 95% of its domestic cigarette production. (free subscription to nytimes.com required).  I can attest from personal experience that fighting counterfeits in Paraguay is made more difficult by what the article refers to as “the inefficient and corruption-plagued Paraguayan legal system.”

Map of Paraguay (c) copyright 203 Lonely Planet, Publications.  All rights reserved.  Source of fine travel guides here.