Defining counterfeiting downward

Originally posted 2010-07-23 10:58:27. Republished by Blog Post PromoterCounterfeit Chic happens upon a new defense to trademark counterfeiting:  “Counterfeiting?  You call this counterfeiting?!” We’ve all seen imitation goods so poorly rendered that they wouldnt fool a myopic Martian on a dark night.  And there must be a market out there beyond mere video fiction, or LV look-alikes wouldnt keep showing up on shady street corners and in dark corners of the internet, next to the “Prado” and “Channel” bags.  But why would any self-respecting counterfeiter turn out such bad fakes? It turns out there’s method to the madness.  In theory,…

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IOU’s for IU

Originally posted 2011-05-04 12:14:48. Republished by Blog Post PromoterHere’s the story about how Indiana University stopped Indoctrinate U. — a documentary that is critical of political correctness on American college campuses — in its tracks a few weeks ago, even though the school — good old “IU” — is not even remotely connected to the film: In brief, a lawyer representing Indiana University wrote to Maloney’s company early last month claiming that the “Indoctrinate U” logo was similar to IU’s. Maloney does not concede the claim of infringement, arguing that differences between the two logos are “readily apparent” and that... Read more

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... Read more

Zombies in Las Vegas?

Originally posted 2014-02-10 15:10:23. Republished by Blog Post Promoter Ryan Gile reports on an odd ruling that just could — however unlikely — result in some degree of reanimation of Righthaven, of all things: Back in 2009 (when I had much more time to blog on a more regular basis), I wrote about the three separate trademark infringement lawsuits filed by Stephens Media LLC (“Stephens Media”), the owner of the Las Vegas newspaper The Las Vegas Review Journal [and the engine behind Righthaven], against three separate companies over their alleged use of the term “BEST OF LAS VEGAS.”   See previous blog entry here. In the case... Read more

Trademarks are words

Originally posted 2007-02-25 17:00:34. Republished by Blog Post PromoterWendy Davis argues that online search advertising isn’t trademark use at all, and here’s why: People use search engines to discover information not just about companies, but also about their competitors and critics. It’s easy to understand why some companies might not be happy with this state of affairs, but their recourse is to offer better or cheaper goods or services, or to counter critics with arguments, as opposed to filing trademark infringement lawsuits. That’s the position the EFF has taken, and they’re often approximately right. Here’s their brief, too. Now, this argument didn’t by... Read more

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