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Hit the Road, JACK

September 18, 2005February 26, 2015

Media Week reports that a company called SparkNet Communications sued a rival broadcasting outfit in May for infringing its trademark on stations in St. Louis, Phoenix, Chicago and San Francisco utilizing the “trademark” slogan PLAYING WHAT WE WANT. The District Court in Chicago wasn’t buying. Says the Media Week report: SparkNet claimed that Bonneville’s use of the slogans “70’s, 80’s… whatever we want,” “70’s, 80’s… whatever we feel like,” and “today’s new music… and whatever…

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Ron Coleman

September 2, 2005October 11, 2016 Copyright Law LIKELIHOOD OF CONFUSION®

American Graffiti

Graffiti: Art or crime? And by crime, I don’t mean mere vandalism. I mean criminally bad legal-decision-making. The New York Law Journal reports: On July 18, 2005, plaintiff fashion company’s founder, who began his career as a graffiti artist, obtained a permit to host an Aug. 24, 2005, art exhibition at which other artists would paint graffiti on mock two-dimensional subway cars. In an Aug. 15, letter the City of New York revoked the permit,... Read more

August 19, 2005August 25, 2017 Culture Clash

Cleaning Up, or Getting Their Clocks Cleaned?

I stumbled on this article in Slate and it seemed to contradict my point in one of my favorite posts. On reflection I realized that actually the two pieces actually harmonize quite well. It did make me wonder whatever happened in the ClearPlay litigation. As the company’s site describes it, ClearPlay has developed a unique DVD parental control technology that enables users to skip and mute segments of movies that contain graphic violence, nudity, and... Read more

July 27, 2005February 26, 2015 Everything else

We Who Were There Salute You in Our Leisure Suits

IP … trademarks … branding … design … interior design … awful interior design of the 1970’s! Maybe I don’t have to sweat topicality after all. I am sorry, but if you really, really need to laugh at your desk like a howling idiot — and you won’t really laugh loud if you weren’t there — take a five minute tour with James Lilek’s Interior Desecrators. This is the book he made (last fall). It’s... Read more

July 24, 2005February 26, 2015 Brand Management and Branding

Carnival of the Brands

Not really. But it’s better than one, I think. And, you know, brands are trademarks and trademarks are brands, pretty much. Business Week’s website has a special section called Branding : Corporate Branding, Internet Branding, and Product Branding. Read more

July 17, 2005October 18, 2018 Section 2(a)

Political Correctness Trademark Battle Continues

We haven’t heard the last of the fight over the Washington Redskins trademark fight. The AP reports that the earlier decision rejecting the challenge based partly on laches has been reversed in part. American Indian representatives don’t like the trademarks because “they are disparaging and bring Native Americans into disrepute.” Six and ten last season? Can’t blame them. On the other hand, if that kind of record gets the Indians upset, shouldn’t the Cowboys be... Read more

July 15, 2005May 3, 2010 Brand Management and Branding Fair Use Free Expression Trademarks and trademark law

Have a Coke and a Trial

India doesn’t have a First Amendment, as such, but from what I read its free speech protections are similar to those in the West. So the use of threatening a trademark suit to chill criticism should distress everyone who’s not a complete Coke head. Not that such threats don’t always work; they frequently do. But we shouldn’t like it or “tolerate” it. Coca-Cola: Please limit your trademark litigation threats to the Real Thing. And save your... Read more

July 3, 2005February 26, 2015 Law Practice and Profession

Roe, Roe, Roe Your Vote

Everyone’s judicial philosophy, per Kausfiles: [J]udges should have a coherent judicial philosophy and follow it to the conclusions they would not prefer … except for this one conclusion we really, really care about! Read more

June 12, 2005February 26, 2015 Everything else

Likelihood of Revelation

The last week or so has been light on blogging, largely because of technological issues but also because of a slow week in topical news plus the occasional need to practice law around here. It doesn’t get better too fast because we will be out of the reality-based loop due to our office’s observance of the Jewish festival of Shavuoth, the celebration of the Revelation that made the Jews the chosen nation. (Nice! Right?) See... Read more

June 2, 2005February 26, 2015 Free Expression

New Penumbra: "Internet Free Speech"

Glenn Reynolds links to an editorial in the Washington Times that urges “Free speech for bloggers,” to which Glenn adds, “and everyone else.” But while that caveat in his headline is appreciated, it does tend to get lost in the sauce. The key language pulled from the editorial by Instapundit is, “Unfortunately, no matter what the FEC decides, there’s a chance that the days of unbridled political discourse on the Internet are nearing their end.... Read more

May 23, 2005February 26, 2015 Internet Law

It’s Not the 20th Century Any More for Email Retention

Reuters “news service” “reports,” astutely: “Where judges once were more likely to accept that incompetence or computer problems might be to blame, they are now apt to rule that noncompliance is an indication a company has something to hide.” Especially if you’re Morgan Stanley. Read more

May 10, 2005July 8, 2010 Patents

Absolutely Non-Boring Patent Story!

Bill Heinze writes about Patent Terrorism and whether it fits into the model, oft discussed here, of improper use of the intellectual property system as a sort of arbitrage. Read more

May 3, 2005March 2, 2016 Culture Clash

Good Deed for the Day: Helping Old Producers Cross Agents

In far-off Hong Kong, the Motion Picture Association has created a Boy Scout merit badge on copyright [original link lost, sorry — RDC]: Boy Scouts in Hong Kong now can earn merit badges for learning about the wonders of copyright law–at least the version described by the Motion Picture Association . . . It’s not unprecedented for one industry to create a merit badge. The Boy Scouts currently offers a long list of badges including “American Business,” “American Labor,”... Read more

April 12, 2005February 28, 2016 Privacy

The Matrix Downloaded

Data security and privacy are not big topical interests of mine. Anything Europeans are obsessive about can’t be all that important. Throw in the ACLU, that predictable bizarro-world weathervane of right and wrong, and I’m usually pretty sure “what to think.” But part of this story about the announcement that LexisNexis databases were compromised far more than had been previously believed caught my eye. It was this: Data-collection services provided by Seisint, based in Boca... Read more