Decline and fall of the dumb copyright trick

One of the dumbest things people — overlawyered, and, sadly, mainly professionally-licensed people — have tried to do to avoid negative online reviews is to find ways of claiming some kind of copyright in any review posted by a former client, then suing the negative reviewer for copyright infringement.  Eric Goldman has a nice survey of that business here, in a post that happens to also be about the case that is the focus of…

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Likelihood of Confusion Blog

Blawg Review is here!

Originally posted 2011-02-15 13:30:03. Republished by Blog Post PromoterNever mind where they said it would be. It’s here! It’s here! (And that’s why you can’t rely on Blogger.) Read more

Ingenious, fair thoughts on fair use

Originally posted 2014-08-11 18:52:29. Republished by Blog Post PromoterThe Fire of Genius, a new blog by Joseph Scott Miller (no, it’s not about any particular genius), aprofessor at Lewis & Clark Law School in Portland and an alumnus (as I am) of one of the top ten law schools in the country (oops!), asks and points to possible answers (which sound right to me) about the profound cultural significance of fair use— a once-respected legal... Read more

Likelihood of Confusion Blog

Deep-linking deep-sixed

Originally posted 2013-07-30 13:58:41. Republished by Blog Post PromoterCNET News.com reports: U.S. District Judge Sam Lindsay in the northern district of Texas granted a preliminary injunction against Robert Davis, who operated Supercrosslive.com and had been providing direct links to the live audiocasts of motorcycle racing events. Lindsay ruled last week that “the link Davis provides on his Web site is not a ‘fair use’ of copyright material” and ordered him to cease linking directly to... Read more

Likelihood of Confusion Blog

Farewell to Cox & Forkum

Originally posted 2014-04-09 07:50:24. Republished by Blog Post PromoterJohn Cox did that great caricature of me on the right navigation bar.   Now Cox & Forkum have given up editorial cartooning, to our loss.  Their work together is how John’s talent came to my attention — that and a referral from Chris Muir, who can sure draw pretty girls but not, he told me, super hunky lawyers. Thanks for a good run, guys! Read more

My brand of humor – No. 1

First in a series of posts sampling comedic stylings of various standup comics that bulldoze through famous brands and their efforts at positioning. This first one, a somewhat hoary — but still funny — excerpt from a much longer routine by the brilliant Gary Gulman, starts off with a paean to pretty much greatest brand of all and works its way down through the branded soft-drink heirarchy: Read more

A post by any other name would smell as Tweet

Originally posted 2014-12-30 10:38:42. Republished by Blog Post PromoterHaving said that, here are some of the fragrant little nothings from all over been told by the little birdy, and which I’ve passed along via Twitter @roncoleman in the last week or so: @MegLG: via Media Law Prof Blog: IP and Social Networks http://ow.ly/GRq4 @sivavaid RT @artbrodsky: Woman recording birthday party at theatre gets jail time. http://bit.ly/6mkHnp Hooray for Hollywood. @TrademarkBlog Should There Be Punishment For Bogus ‘Pre-Settlement’... Read more

European trademark law swinging from vines

Originally posted 2011-06-13 23:10:33. Republished by Blog Post PromoterUnlike in the good old U.S. of A., Tarzan’s yell doesn’t cut it in Europe — at least not as a trademark: Tarzan’s distinctive yell cannot be registered as a trademark because it is almost impossible to represent graphically. Sounds can be registered as trademarks, but the ruling (pdf) could limit that to sounds that can be written in standard musical notation.Tarzan was created by Edgar Rice... Read more

West Coast swing — part II

Newport Beach!  Where it stopped raining! And, yeah: The Slants, Scandal and Speech: Do the First Amendment and Trademark Law Collide? The Supreme Court’s unanimous decision in Matal v. Tam struck the Lanham Act’s prohibition on the registration of disparaging marks as an unconstitutional violation of the First Amendment. This panel evaluates the decision and contemplates its wider implications, including its applicability to the separate ban on registration of immoral and scandalous marks, anti-dilution protection... Read more