Unfair use
More pain, very little gain — besides for lawyers’ college funds — in the roiling world of trademark fair use. Originally posted 2012-09-10 06:00:30. Republished... Read more
Category: Fair Use
License revoked
Ever wonder about this new thing — where someone sells you some stuff, typically something that has some sort of copyright on it, only when... Read more
More on virtual infringement
I’ve already written about what they’re writing about it, and now, so has Victoria Pynchon. Originally posted 2013-01-13 22:41:32. Republished by Blog Post Promoter Read more
One publisher’s take on the Google Books decision
Dear Judge Chin, I have just read your decision to grant Google summary judgment in this case and I must express my disappointment. You have... Read more
MTA’s way or the highway
I’ve been watching these guys at the MTA and their IP enforcement program for a while now. Once was for a client, who, regrettably, didn’t... Read more
Streisand walks again
Lawyer, media critic and intrepid blogger Patterico reports all about a compelling illustration of the Streisand Effect in his life — and, as you will see,... Read more
“I Have a Dream ©”
This is one of the first posts on this blog, and remains one of the most-likely to get hit by a search engine. It hasn’t... Read more
Best of 2009: The DMCA and the search engine
Posted on August 6, 2009. Traverse Legal: Mary Roach has a great post at CircleID on an area that we have talked about extensively, namely, copyright... Read more
Even in slow motion, fair use is confusing
Via Twitter, Rick Sanders pretty much writes a guest post for us — read his whole thread: Photographer took time-lapse photograph of a neighborhood at... Read more
Hormel canned
The evidence shows that “spam,†in addition to being petitioner’s trademark, has a well-recognized meaning as a generic term for unsolicited commercial email; the term isused by consumers, the media, Congress, state legislatures and those who sell solutions for such unwanted email. Thus, it does not have the requisite degree of distinctiveness to support a finding of dilution, at least vis-à -vis respondent’s use of the term as part of the mark SPAM ARREST for computer software designed to eliminate unsolicited commercial email. Read more
An opinion to Di for
I do a lot of bellyaching around here about how there are never any consequences for filing frivolous trademark and copyright lawsuits. What’s the worst... Read more
Best of 2010: Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010
First posted on January 17, 2010. From last week’s INTA Trademark Topics email discussion list. One name has been changed to protect the innocent, and... Read more
Nominative fair use: The Second Circuit names names
Nominative fair — the “unauthorized” use of a trademark as a trademark specifically to invoke the trademark, as opposed to its “non-trademark” use to describe the... Read more
Hating someone doesn’t mean you can infringe her copyright
And that’s why the U.S. District Court issued a restraining order in the Palin vs. Gawker copyright lawsuit. Hat tip to Instapundit. UPDATE: Issues laid... Read more