That great, free First Amendment thing

I was recently, and very briefly, the toast of whatever for my efforts in making the world safe for nasty trademark registrations under the banner of the First Amendment. But today I got a result, along with my colleague  Bruce Godfrey of Jezic & Moyse LLC, in a First Amendment case that got — and will get — a lot less attention, but which is arguably of greater significance  — not just with respect to free speech, but for the dismal truth it tells us about the state of the civil legal system and the bar.  Start here: Huge free speech victory…

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Who’s yer daddy?

Originally posted 2012-08-06 17:28:25. Republished by Blog Post PromoterMarc Randazza does a great job in explaining, and suggesting at least one answer to the question, “Is GoDaddy a Cybersquatter?” Read more

Women, IP law and the panel-gender quota count

It started with a bit of typical Internet snark between lawyer-mindfulness guru Jeena Cho and your snarky blogger: Go figure:  It ended up being a very interesting discussion, if not entirely pleasant as various wise guys and gals with different ways of, um, engaging weaved in and out.  You can read it yourself, though be careful; it branched out in a couple of different threads. One of the things I was trying to get at was that, at least in the trademark (and copyright) practice, I have a hard time believing women are at any kind of disadvantage in the... Read more

WORLD TRADE CENTER naming rights and municipal IP policy – What rights?

Originally posted 2013-09-09 12:32:30. Republished by Blog Post PromoterThe big story today, as One World Trade Center nears completion, is about “rights” to the World Trade Center name, according to the Bergen County, New Jersey Record: For more than four decades, the World Trade Center — whether standing majestically over lower Manhattan, lying in the ruins of a terrorist attack, or awaiting resurrection in a new form — has been one of the world’s greatest public landmarks. But in a quiet deal nearly 30 years ago, the Port Authority of New York and New Jersey sold off the rights to... Read more

No respect

Originally posted 2010-09-13 10:50:43. Republished by Blog Post PromoterMore aggressive branding gone bad:  A Singapore cosmetics company has withdrawn a line of makeup based on complaints concerning its whimsical connections to the founder of Christianity: The products included a “Virtuous vanilla” lip balm and a “Get Tight with Christ” hand and body cream, featuring a picture of Christ flanked by two adoring women. Hat tip to LOC client Robert Burch. Read more

The wild card in music downloading

Originally posted 2013-12-10 13:01:44. Republished by Blog Post PromoterYou thought college students were lawless about file “sharing”? Well, Russia is feeling its oats these days, what with oil prices up and dictatorship back in style. That’s bad for the music business, or at least from their point of view in the current downloading wars: The Russians really don’t care what the RIAA thinks. Read more

Best of 2012: When brands let us down

Originally posted 2012-12-20 14:00:14. Republished by Blog Post PromoterOriginally posted on February 21, 2012. This was–I thought–my kind of blog post: a guest post on Duets Blog by graphic designer Ellie Drotning: When I hear a well-known brand has redesigned its mark, I’m like a kid on Christmas morning. For a graphic designer with a particular penchant for logos and branding, a new logo is like a gift I can’t wait to tear open. But when I got my first look at J. C. Penney Corp., Inc.’s new logo, I was disappointed. If I had been a four-year-old, I’d have been... Read more

Likelihood of Confusion Blog

Likelihood of somniloquy

Originally posted 2012-07-01 01:18:59. Republished by Blog Post PromoterThe New York Times: “Trademark is the sleeping giant of intellectual property,” said Paul Goldstein, a professor at the Stanford law school. Who’s sleeping?  No one sleeps around here, believe me. Read more

Fake IP news

Fake IP news isn’t news. For years I’ve been expressing skepticism about the constant drumbeat by Big IP, its enablers and its vendors about the ridiculous figures bandied about as “the annual cost of IP theft.”  I’m not in favor of IP theft; not at all. But it shouldn’t be necessary to lie about it to make the point that’s it bad. At least the government wouldn’t lie about stuff like that, though, right?  Not at all.  It did, and almost certainly still does.  Although at least it kind of admits it. Well, social media changes everything, doesn’t it?  Now... Read more

Head of State

Originally posted 2009-08-05 20:06:55. Republished by Blog Post PromoterSounds almost ordinary enough at first — this tweet from @EFF: Another Obama image fair use controversy: Oh, sure. Another vhWCk?!  What are you, stoned? Whoah, no.  Much better!  No, no, no. Oh, ma-a-a-a-a-a-a-n!. Don’t worry, it’s only a cigarette! They were cheap back then! It was only a matter of time before someone combined a certain memorable image of a young future president with a jokey twist on his campaign slogan … to come up with a message that Barack Obama definitely did not approve. The folks at the National... Read more