tag:blogger.com,1999:blog-40564752008-07-09T12:32:53.755-04:00nerdlaw.orgnoreply@blogger.comBlogger1430125tag:blogger.com,1999:blog-4056475.post-42862209288046391982008-07-09T12:27:00.002-04:002008-07-09T12:32:53.785-04:00

I Bet NutraSweet is Wishing it had Splenda's Lawyers. The WSJ Law Blog is reporting on a recent decision issued by the Eastern District of Pennsylvania in a trade dress infringement suit brought by the makers of Splenda against a generic artificial sweetener manufacturer. From the opinion: [W]hile it is true that the packaging of other sweetener products often contain depictions of coffee, iced

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-28153976109702396932008-07-02T18:51:00.002-04:002008-07-02T18:56:52.966-04:00

Life Imitates Ad. Following up on this post, it seems like Coke Zero has gotten itself in a real trademark litigation. According to Law.com, Last March, Baig's attorneys contacted Coke for the sixth time in a formal demand letter. On June 5, Coke received yet another letter from Baig's counsel stating that Baig was 'dead serious about filing suit' and promising to forward a copy of the

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-54086359894743228842008-06-23T20:10:00.010-04:002008-06-23T20:54:04.514-04:00

&lt/Radio Silence&gt I just had to share this one. According to Reuters, "Robert Burck -- for 10 years a fixture in Times Square, who strums a white guitar while dressed only in white cowboy boots and hat and skimpy white underwear -- filed the suit in February over video billboards depicting a blue M&M dressed in his signature outfit." (How did I miss this until now?) Now here's the

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-82180650040996764802008-04-08T10:22:00.000-04:002008-04-08T10:22:03.499-04:00

From the IP is Everywhere Files. Phosita points to this patent application comprising a "method and instrument for proposing marriage to an individual." Would have been a lot of wasted effort if Ellie said no... And finally, here we have a Bearded Iris called "Copyright."

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-19130712488894122242007-09-10T17:36:00.000-04:002007-09-10T17:39:40.263-04:00

Second Life Gets its Own IPL Committee. The IPL section of the American Bar Association has annouced the creation of a new committee "responsible for monitoring developments in and educating members regarding legal issues that affect computer gaming and virtual worlds." For information on the Special Commitee on Computer Gaming and Virtual Worlds, or to sign up, go here.

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-87425021817781558452007-08-30T16:25:00.000-04:002007-08-30T16:46:17.031-04:00

Interesting Philosophical Approach. CNN reports in "Author suspicious of similar character on TV." From the article: "I said, 'Holy jeez, talk about Freudian typos,' " Hamill recalled. "Hey, maybe this will sell the novel: 'You've seen the knockoff, now try the book.' Who knows?"

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-80629878407233752007-08-01T12:07:00.000-04:002007-08-01T12:07:12.659-04:00

Let's Hope Apple Had an Indemnity Clause. Salon.com is reporting that "Eminem sues Apple for copyright infringement." From the article: "In this case, Apple received permission from Universal, Eminem's label, to sell his music on iTunes. But Eight Mile Style, his publisher, says that it also has the right to approve such sales. And because Eight Mile Style never allowed Universal to transfer

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-58197712402984101742007-06-21T12:13:00.000-04:002007-06-21T12:13:53.297-04:00

A Strange Case Indeed. Law.com reports on a recent Eleventh Circuit copyright decision in "Citing Supreme Court Precedent, 11th Circuit Reverses Major Copyright Ruling." From the article: "By declaring Greenberg I moot, the new panel -- Judge Rosemary Barkett, Senior Judge Phyllis A. Kravitch and David G. Trager, a visiting U.S. district judge from the 2nd Circuit in New York -- also resolved a

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-48560491487666928882007-06-07T14:14:00.000-04:002007-06-07T16:45:29.140-04:00

Scripts have covers? The AP reports in "Author says 'Knocked Up' ripped off." From the article: "She claims that while pitching her book to Hollywood producers, she learned of Apatow's project and the script, which she says had on it a picture of a martini glass with a pacifier around the stem -- the same as the cover of her book." Apparently, some people feel strongly enough about this to

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-77752262622718774222007-05-11T10:58:00.000-04:002007-05-11T10:58:45.306-04:00

So How Does He Plan on Getting Around the Statute of Limitations? World Entertainment News Network reports that "'N Sync In Plagiarism Controversy." From the article: "Former boy band 'N Sync are being sued over claims they plagiarised a song on their 2001 album Celebrity."

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-58168965670814262282007-04-28T15:36:00.000-04:002007-04-28T15:36:28.474-04:00

New Copyright Case Regarding Song Remakes. The AP reports that "Beyonce song in licensing dispute." From the article: "In the complaint, which was filed in U.S. District Court in New York, The Royalty Network Inc., argues that even though Beyonce's version of the song has an altered title and additional lyrics, the singer and her record company failed to get a written agreement to release their

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-45449853999618135582007-04-24T17:03:00.000-04:002007-04-24T17:03:19.062-04:00

Vonage Gets a Reprieve. The Washington Post reports that "Vonage Can Sell Services During Appeal, Court Says." From the article: "Roger Warin, a lawyer for Vonage, told the appeals court during morning arguments that the company faced a 'real risk of insolvency' if barred from selling its service to new customers as the trial court ordered earlier this month. He asked the three-judge panel to

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-44490228909755110792007-04-03T12:12:00.001-04:002008-06-23T20:30:06.529-04:00

You Decide. Bloomberg reports that "Exxon Mobil Sues Hyundai Over "Mobis' Trademark." From the article: "Exxon Mobil, based in Irving, Texas, asked a federal judge in Wilmington, Delaware, yesterday to bar auto-parts maker Hyundai Mobis Co. from using the 'Mobis' logo and other potentially confusing marks."

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-21536676663862314272007-04-03T11:48:00.000-04:002007-04-03T11:48:08.115-04:00

And We Have a Circuit Split. 43(B)log reports on the recent Second Circuit decision in "Second Circuit rejects foreign famous marks doctrine federally, certifies state question." From the post: "The Second Circuit, after a long wait, has finally ruled on the validity of the famous marks exception to the territorial scope of trademark protection – and found no such exception in federal law."

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-31183096418635034412007-04-02T18:23:00.000-04:002007-04-02T18:23:57.487-04:00

So I Guess My I (Heart) DC Piggybank is Ok. The AP reports in "Inspired by TV Legal Dramas, North Carolina Man Wins T-shirt Battle in New York." (Of course, the PTO is actually in Virginia...) From the article: "A North Carolina man has won a nearly three-year battle with New York that allows his company to continue printing the logo 'I heart NC' on T-shirts."

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-51519886000896524572007-03-28T11:12:00.000-04:002007-03-28T11:12:53.632-04:00

Court Affirms Da Vinci Code Ruling. The AP reports that "Court says `Da Vinci Code' not a copy." From the article: "One of the judges said copyright protects an author's labor in researching and writing a book, but does not extend to facts, theories, and themes."

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-3802126653146312182007-03-27T12:06:00.000-04:002007-03-27T12:06:13.671-04:00

$200 Won't Cover the Filing Fees. The AP reports in "Town to Martha Stewart: Hands off our name." From the article: "The society's vote allows the trademark committee to file formal opposition to Stewart's plans, and it authorized spending $200 toward legal costs."

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-47020174677632140862007-03-25T14:34:00.000-04:002007-03-25T14:34:54.443-04:00

Looks Like Stanford's Fair Use Project Has Been Keeping Busy. Reuters reports that "James Joyce copyright case settled in California." From the article: "Carol Loeb Shloss, an acting professor of English at the California school, filed suit in June after she was forced by the estate to delete substantial portions of her book, 'Lucia Joyce: To Dance in the Wake.' It contained evidence of the

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-3258635446941541112007-03-25T14:04:00.000-04:002007-03-25T14:04:15.663-04:00

ABBA Strikes Back. The AP reports that "Former ABBA members win court battle over musical script." From the article: "Seth, originally hired to write the script, argued he should be considered the main writer, but Ulvaeus and Andersson disputed the claim, saying his work was unusable and that they instead had to use a script by director Lars Rudolfsson and dramatist Jan Mark."

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-56988959704651772862007-03-25T14:01:00.000-04:002007-03-25T14:01:58.984-04:00

At Least He Didn't Tell Him it Was a Good Case. The Financial Expres reports in "Can’t tell your cokes apart? Sue someone." From the article: "The campaign is based on an oddball thought, that the executives at Coca-Cola who sell the flagship Coke Classic brand want to hire lawyers to sue their co-workers who sell Coke Zero. The grounds for the imaginary lawsuits would be 'taste infringement'—

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-25023665786502647772007-03-25T13:56:00.000-04:002007-03-25T13:56:37.866-04:00

Over/Unders on the Appeal? Reuters reports that "Cablevision Loses Network DVR court case." From the article: "Cablevision had hoped a network-based DVR system, called Remote Storage DVR or RS-DVR, would have done away with the need for the installation of hundreds of thousands of digital set-top boxes in subscribers' homes."

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-15765235257865984002007-03-22T23:44:00.000-04:002007-03-22T23:44:08.498-04:00

I Guess the Writer Doesn't Like the RIAA. But the information is interesting. Ars Technica reports that "Judge's decision leaves RIAA with lose-lose situation in Elektra v. Santangelo." From the article: "The case of Elektra v. Santangelo has been one of the more closely followed cases in the RIAA's crusade against suspected file sharers, due in no small part to the aggressiveness of Patti

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-73492304983579634482007-03-22T16:31:00.001-04:002008-06-23T20:59:30.089-04:00

Is Anyone Surprised by this Ruling? The AP reports that "Court strikes down Internet porn law." From the article: "In the ruling, the judge said parents can protect their children through software filters and other less restrictive means that do not limit the rights of others to free speech."

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-53697783175463146682007-03-21T19:28:00.000-04:002007-03-21T19:28:09.985-04:00

I Wonder How a Fair Use Defense Would Play Here. Statesman.com reports in "Texas as a trademark." From the article: "Kalaouze’s company Kalcorp Enterprises sells T-shirts with the sayings “Mess with Texas” and “Hunt Texas” on them in College Station stores and online. Neither shirt uses UT’s stylized block lettering, said Allan Van Fleet, Kalaouze’s attorney."

nerdlaw.orgnoreply@blogger.comtag:blogger.com,1999:blog-4056475.post-91342782485380764622007-03-21T19:25:00.000-04:002007-03-28T09:13:38.270-04:00

Seriously?!? Journalism schools should start offering a class on Intellectual Property 101. I'm so sick of seeing this type of hyperbole. Ekklesia reports that "East African livelihoods at risk in trademark threat." From the article: Thousands of East Africans could lose their livelihoods – and the freedom to use a word from their language – if a trademark application by a UK company succeeds,

nerdlaw.orgnoreply@blogger.com