Ron Coleman on the law affecting brands, the Internet & free speech
Well, it is disparaging — ISLAMIC RAGE BOY. But EVIL CHRISTIAN isn’t? I’ve been complaining about the incoherent application of the “immoral and scandalous” standard at the PTO for a while, of course. But now, for some big bloggers, it’s a lot more personal. UPDATE: More of the yucky same. Not safe for good taste.
It’s not usually a great idea to use your personal email account for business purposes. Sometimes you’re stuck — you can’t get access to your work account, or that account is down, or has limitations that your personal account doesn’t. But besides the “branding” and professionalism downside to sending a client a draft for review from “[email protected],” there is a risk you may not have thought of at all: As explained in a New York... Read more
Everyone steals a little copyright, right? Well, even if so, you perhaps shouldn’t if you’re pitching enhanced use of copyright. At least not so stupidly. Via Instapundit. Read more
So can YouTube ever make any money? Read more
All work, no play, makes LIKELIHOOD OF CONFUSION® a dull boy. So I am in New England trying to stay… sharp. Shark, plus old teeth, at the Mystic Aquarium. Read more
Did you ever wonder why, or how, people — people who generate a lot of spam emails — are able to sell prescription drugs on line to just about anyone? I have. But I am just a simple country lawyer. Well, it turns out they’re not allowed to at all: Eighteen people have been indicted in California on racketeering and other charges for operating an Internet business that illegally sold prescription drugs, the U.S. Justice... Read more
On ‘News 66! Read more
At the Volokh Conspiracy there’s a good discussion on the lawsuit you read about over at Marty’s. It seeks, as you recall, to oust Margaret J.A. Peterlin from her position as Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO on the grounds that she does not meet the statutory requirement that the Deputy Director have “a professional background and experience in patent or trademark law.” That’s certainly a vague enough... Read more
Brett Trout has a primer on “domain tasting” and its unsavory accompaniments. This is one of the “emerging issues” — just when I thought domain names were yesterday’s appetizer. Domain tasters are a boon for those unpleasant uninvited companions, cybersquatters. They will devour your trademark — unless you pick up the check. Very poor taste, indeed. Read more
No, really. Read more
My friends Oliver Herzfeld and Richard Bergovoy have just published “Trade mark licensing made easy” in the current issue of Managing Intellectual Property. (Don’t email me about the “typo.” The title is spelled funny because it’s a European publication. They spell “trademark” wrong over there. This is something trademark experts know.) It requires a subscription to get in but you can get a free trial just by registering. For this article alone, it’s worth it!... Read more
The New York Law Journal reports: The First Amendment was not violated by the suspension of a student who sent his instant messaging buddies a violent image calling for the death of a teacher, even though the message was a joke, a federal appeals court ruled yesterday. Even if the sending of the message could be seen as an expression of opinion, the U.S. Court of Appeals for the Second Circuit said “it crosses the... Read more
I’m guest blogging at Overlawyered.com this week and just published my first post, about a lawsuit being brought by promoters of cockfighting to protect their inalienable right to torture animals. Do stop in! Read more
Andy Carvin analyzes the Supreme Court’s decision, announced today, on the “Bong Hits 4 Jesus” case. Hat tip to Boing Boing. Justice Roberts, writing for himself in a patchwork of majority opinions, wrote, “A principal may, consistent with the First Amendment, restrict student speech at a school event, when that speech is reasonably viewed as promoting illegal drug use.” Justice Thomas took the LIKELIHOOD OF CONFUSION position — alas, sub silientio — and asked, What... Read more