The Lanham Act’s surprising penumbras
Here I thought I understood something about the Lanham Act. But wait, there’s more! Did you know this?: The purpose of the Lanham Act is to... Read more
Category: Enforcement
Best of 2013: The Lanham Act’s surprising penumbras
First published on July 15, 2013. Here I thought I understood something about the Lanham Act. But wait, there’s more! Did you know this?: The purpose... Read more
Best of 2009: They always get their man
Posted November 24, 2009. Yes, people do have some funny ideas of what kinds of things to protect with copyright, don’t they? A few... Read more
Steal your Face right off your head
If there’s one thing I can’t stand, it’s a blog post so well developed that I can’t rephrase it, riff on it or summarize it,... Read more
“Tolerated use”
Tim Wu (via Glenn Reynolds) says that we have to deal with the fuzzy logic of copyright enforcement in order properly to understand how copyright... Read more
Branding in the “Wild East”
A hundred years ago the American west, the original “Wild West,” was a land of opportunity with a reputation for lawlessness. The newspapers in the... Read more
South Korea: Hey, that’s MY ox!!
Stars and Stripes reports the bare bones of a story: A couple of GI’s stationed in South Korea were “convicted” (sounds like a criminal case)... Read more
The (Lang) Van guards of the proletariat (updated)
Remember when Vietnam was communist and stuff? Probably not. Well, I do. And yes, I look it. And yes, GET OFF MY LAWN! Anyway, even... Read more
What web developers should know about copyright
For some reason (maybe a weeklong trial?) I kind of missed the Megaupload story from mid-January. My bad. What story? Oh, this Megaupload story: Police... Read more
How Gizmodo escaped indictment in iPhone prototype deal | Apple – CNET News
Did you ever wonder how Gizmodo escaped indictment in iPhone prototype deal? I did, because after all that was my most recent (and not so... Read more
SOPA box
You don’t need a link to find out what’s going with the SOPA “Blackout,” or all that other stuff. It’s all over the place, beyond... Read more
Trademarks are forever?
No, not necesarily, but the DeBeers name is still pretty good currency when it comes to selling diamonds: A New York diamond merchant acted in... Read more
Overlawyered Knocks Off Our White Hats
A few years ago I was a partner at Gibney, Anthony & Flaherty, LLP, in New York, a firm that does a lot of intellectual... Read more
Revving up the litigation
Look beyond the RICO indictments, jury verdicts, and lengthy prison sentences, and you will see a different type of lawsuit has come to be associated with the group: intellectual property litigation Read more