Sometimes all of our thoughts are … misgiven?
Ron ColemanMisgiven: the wacky 9th Circuit theory of the "inverse ratio" in copyright infringement
ReDigi Redux: A Decision in Two Dialogues
Matthew David BrozikThere is a case so plainly inappropriate for a fair use defense, and this is that case.
Best of 2011: Infinite loop
First posted (in updated form) on September 20, 2011.(Originally published on July 22, 2011; see update at bottom!) It can only mean one thing when you read this in a…
Gibson argues for brand on the merits
Since the beginning I’ve been blogging about the attempts by Gibson and Fender, the makers of fine guitars, to avoid copycat competition via the trademark and litigation route. My most…
Rhapsody of confusion
Ron ColemanIn which we consider the musical question: Gershwin as a Trademark?
An answer to the musical question
Unsurprising news: In a dramatic acceleration of the seven-year sales decline that has battered the music industry, compact-disc sales for the first three months of this year plunged 20% from…
Strumming their fate
We blogged a while ago about the Les Paul guitar lawsuit, based on the idea that the shape of the Les Paul guitar was a trademark of Gibson Guitars when…
Even Hippies Have their Limits
Reuters “news” service reports: Facing a revolt by its famously faithful fans, The Grateful Dead backed away on Thursday from a move to block “Deadheads” from downloading the jam band’s…
Reversal Strummed Up in Gibson Guitars Case
The AP reports: NASHVILLE, Tenn. Nashville-based Gibson Guitar Corporation has lost a legal battle. A federal appeals court has ruled that a competitor‘s copy of Gibson’s popular Les Paul model…
Best of 2005: Reversal Strummed Up in Gibson Guitars Case
The AP reports: NASHVILLE, Tenn. Nashville-based Gibson Guitar Corporation has lost a legal battle. A federal appeals court has ruled that a competitor‘s copy of Gibson’s popular Les Paul model…
Trade Dress Rights in Musical Instruments
John Welch’s TTAB Blog — which monitors developments at the Trademark Trials and Appeals Board — picks up this recommended reading from a recent article in the Trademark Reporter journal…