Haven’t written in a while despite some really important rulings on, e.g. finding of personal jurisdiction based on social network activity, but the following has something that even those weighty and intellectually stimulating topics don’t have: Batman.
Cue Batman music. Ok, it was annoying enough then, kill the music (insert sound of needle scraping [...]
Posts under ‘Intellectual Property’
Batmobile Lawsuit Hits Car Marker – Kapow!
36th Annual Intellectual Property Institute
Ok, I usually don’t shill for anybody, but this is a worthy event and, if you’re wasting time reading my blog (and yes, George, I know you are), then you might as well know about a really good source of IP information. Namely, the 36th Annual Intellectual Property Institute.
This year the festivities will be held [...]
More, Yes More, On Rule 68
For no good reason, I’m adding still more information for you on Federal Rule of Civil Procedure, Rule 68. Why? What, you’ve got something better to read? The New Yorker perhaps. Relax this will only take a minute. Besides, I mention it because it recently came up (again), and it’s [...]
Trademarks and the Internet — In Search of the Senior User
Does the use of a common law trademake on the Internet convey senior territorial rights to the mark holder throughout the U.S.?
No. Although the Internet is global in scope, the use of a trademark on a website that can theoretically be accessed anywhere in the U.S. (and indeed the rest of the [...]
Turns Out I was Wrong — Attorneys Fees and Rule 68
After all this time . . . I had thought that FRCP Rule 68 was an excellent tool to hammer the plaintiff, even where the copyright defendant had in fact copied. This is because an argument exists that the recoverable “costs” under Rule 68 include attorneys fees. Thus, by making a Rule 68 [...]
eBay Gets a Price Reduction
Ceux qui me connaissent savent que j’aime n’importe quoi français. En effet, mon hantise pour le pays et la culture est si ridicule que j’ai décidé d’écrire ce “post” en français. Vous pouvez me remercier maintenant.
Comme vous vous rappelez, il y a deux ans de Louis Vuitton Moet Hennessy a obtenu une victoire [...]
Ansel Adams and the First Sale Doctrine
Eric Goldman (http://blog.ericgoldman.org), whom I respect a great deal, suggested I consider whether the “first sale” doctrine would apply to Ansel Adams’ alleged long lost negatives dispute. (See post of 8/27/2010 — http://www.jonathanpinkesq.com/ansel-adams-or-not-the-story-of-a-trademark-dispute.) I now have, and don’t believe it does.
While trademark law prohibits some uses of another’s trademark, that prohibition is not unlimited. [...]
Ansel Adams or Not? The Story of a Trademark Dispute
Yes, it’s been a while since I’ve written. Yes, when I extol the virtues of a blog, I always say write often. I’ll save the excuses. (OK, fine; twist my arm: in a nutshell, I became despondent when I took a friend’s offer to jazz up my site and saw my ranking plummet, plummet! From [...]
Fighting over the “Nurdle”
Fighting over the “nurdle”: Colgate and Aqua-Fresh are in a pitched trademark battle over the nurdle, that curvy swirl of toothpaste that is a marketing icon on toothpaste tubes, boxes and media ads. Thanks to my eagle-eyed wife, Andrea, who spotted this gem in Friday’s Wall Street Journal.
My Social Media Barriers, Benefits and Bombshells Presentation
I’ve given my “SOCIAL MEDIA Barriers, Benefits and Bombshells” talk quite a lot lately. In light of this, I’ve decided to simply post it here.
This talk usually lasts about an hour, so read this post s-l-o-w-l-y.
Also, the talk is punctuated by cartoons of my own creation. So laugh heartily every 5 [...]
