Thursday, June 29, 2006
Copyright Dork NewsThe Copyright Office is making a technical amendment in the regulation regarding notices of termination of transfers and licenses to clarify determination of the date on which notice was served. In instances where first class mail is used, the date on which notice of termination is served is the day on which the notice was mailed.
Louis Vuitton wins major counterfeiting case against Google in FranceLouis Vuitton wins a major battle against Google in France. The case could have major implications for Search worldwide. Stay tuned.
Wednesday, June 28, 2006
Get Behind Thee, Lawsuit!White Stripes have prevailed over a producer and sound engineer who claimed he was owed gobs of royalties as a co-author of the band's album Der Stijl. The article points out the increasing use of work-for-hire agreements to avoid such disputes. The lesson: it's only rock-n-roll, and I like it, but get it in writing.
Broken Flowers Infringement SuitThe Globe has the story of an NYU professor and screenwriter who claims the producers of the Bill Murray film "Broken Flowers" took most of their ideas from his screenplay. As the story suggests, many of these claims go nowhere, most often because it's very difficult to prove the allegedly offending party had access to the plaintiff's work. We've had our own run-ins with similar scenarios. Here, however, it sounds like there might be a pretty good paper trail in that regard. Good one to keep an eye on.
Tuesday, June 27, 2006
YouTubin'The RIAA is apparently prepping for a war against YouTube and its ilk for the countless infringing works streaming therefrom every day. Henry Jenkins takes a look at the rock and the hard place. The general consensus around the web appears to be (unsurprisingly) that the RIAA is once again fumbling for the blunderbuss in the face of uncertainty, rather than taking the long view. Or is it just doing its job?
In the meantime, and illustrating the fact that unauthorized use of copyrighted material can lead to more than just a nastygram from an industry lawyer, one particularly energetic teen from Massachusetts has gone and snagged herself a contract with Carson Daly's production company on the basis of her YouTube antics.
Sunday, June 25, 2006
Philip K. Dick is missingIn Hollywood, though, executives have found a way to turn the loss to their advantage. Noting the oddity of the story, Ms. Kim said of the android: "He was perfect for the film. Now he's disappeared — and that's perfect for the film too."
Wednesday, June 21, 2006
ICANN and Access to Whois RecordsExcellent article about ICANN and public access to whois records written by Doug Isenberg. (via Marty Schwimmer)
Gonzales on IP Protection EffortsTranscript of prepared remarks of Attorney General Gonzales at U.S. Chamber of Commerce regarding intellectual property protection.
Tuesday, June 20, 2006
Mmmm, FluffernutterIn a story sure to appear in the last five minutes of local newscasts across the country, Massachusetts lawmakers are fighting over the future of the Fluffernutter in school lunchrooms. As a Fluff fan, I'm all for the Fluffernutter taking its place as the official sandwich of the Commonwealth. Though I must admit, I had one last week after work and my stomach hurt for hours afterward. Another sign of old age, I suppose. How sad.
Bonus Fluff coverage: the Fluffernutter was the subject of a trademark dispute earlier this year.
Monday, June 19, 2006
"Bad Twin" and Broken SynergyFans of the show "Lost" are probably aware that one of the passengers on the doomed fictional flight was the author of a manuscript entitled "Bad Twin," and that said manuscript miraculously survived the crash. As part of its varied efforts at taking the Lost adventure beyond the television screen -- including mysterious websites and questionable ad partnerships -- ABC commissioned an author to write "Bad Twin." The network also suggested various clues he should incorporate into the book, presumably other books, music, etc., which they would eventually reference on the show. Unfortunately for ABC, the author didn't take those suggestions to heart, and instead inserted references to entirely different elements. Now the book has become a bestseller, and ABC has to decide if it wants to pony up the cash to get copyright clearances for those clues, or ignore them and risk the wrath of the Lost fanatics. Why these "suggestions" weren't contractual obligations I have no idea.
Use of Trademarks by Users in MMORPGsInteresting discussion regarding the use of trademarks "in-world" by Second Life "Residents." Including a response from Linden Labs. I think mark owners are missing out on a great opportunity here. via Pho.
Saturday, June 17, 2006
Judicial Review of PTO Trademark DecisionsExcellent article about judicial review of PTO trademark decisions written by a mentor of mine, Tom Field.
Tuesday, June 13, 2006
BlackBerrygateInteresting follow up to this post regarding RIM ex parte communications during the NTP v. RIM litigation.
New Copyright Fees as of July 1, 2006New Copyright Office fee schedule as of July 1, 2006. Unless Congress says otherwise, which it wont.
Monday, June 12, 2006
The Helmet ClauseOf course I wish him a speedy recovery, but the cold, steely lawyer in me wonders if Roethlisberger breached his contract. The John Clayton interview showing on the ESPN sidebar does go into this a bit. Clayton doesn't think there is anything more specific in Roethlisberger's contract than the standard "injuries suffered outside of the game" clause. Apparently unlike Kellen Winslow's contract with the Cleveland Browns.
Save the Date: Cablevision DVR hearing scheduledThe suit over Cablevision's remote DVR service is shaping up to be rather significant, with some predicting it will ultimately be heard by the Supreme Court and settled by Congress. Multichannel News has the latest, including the court schedule. Looks like the hearing will take place in late October or early November, which puts a crimp in Cablevision's plan to have the service ready by Thanksgiving.
Stolen art, $3 billion real estate funds, and an unethical lawyerThe mystery behind a major Massachusetts art theft (the largest unsolved burglary from a private residence in state history) was solved last winter. But a story in today's Globe raises more questions than it answers. Now, the brothers who run a $3 billion real estate fund have parted ways due to one brother's involvement in the attempted consignment of the paintings to Sotheby's. Oh, and if you're a lawyer there is a great practice pointer in the story: Don't hide stolen property for 27 years and then try to sell it.
Matt says: the fact that the attorney and the two feuding brothers are Armenian has not escaped my attention, by the way. The Armenian half of me advises all those involved to sit down over a nice lahmejune and work things out.