Legal Fixation: October 2007

Obligatory Red Sox Celebration Post

Speaking of pumpkin carvings...

(photo and carving: rocketlass)

Copyright Infringement is Spooooky Stuff

Illustrator Dani Jones tells a scary tale of encountering a very familiar-looking pumpkin carving, and offers a brief lesson in copyright.

Domain Name Front Running

As if the domain name system wasn't screwed up enough as it is. Now we may have to deal with Domain Name Front Running. Although ICANN has not seen this practice in the wild, it has issued an advisory on the practice. According to DomainTools Blog, Front Running is a practice of stealing someones domain name search queries and registering the domain name before the original person can register it. Let’s say you find a domain that is available for registration. Well if someone steals your idea and registers it before you it is like holding you hostage this is Domain Spying or Front Running.

AC/DC Acquires acdc.com Domain Name

AC/DC has gained control of the acdc.com domain name.

The domain was previously owned by a company specializing in adult content. The purchase price was not disclosed.

AC/DC label manager Sam Horsburgh from Albert Productions in Sydney said with fans as young as 10 or 11 turning to the site something had to be done.

"The demographic of the band has shifted a lot," Mr Horsburgh said.

"The push to get it back came predominantly because they knew there were a lot of younger fans coming through.

"The young fans are so net savvy its the first thing they do. And there was some interesting viewing up there for some time."

The band has flicked the switch on the domain which now contains archival footage and information related to the band. For those about to rock you should check out the new site.

Oh...to be a fly on the wall during those high voltage negotiations.

Ocean Pacific Brand Resurrected

Murketing reports on a Business Week story chronicling the resurrection of the very 80s brand Ocean Pacific, or OP. The brand is owned by Iconix Brand Group which is run by Kenneth Cole's brother, Neil.

Murketing has a number of questions about this brand, including the how and when the marks were acquired. Although there are numerous OP and OCEAN PACIFIC trademark registrations, the assignment history of this OCEAN PACIFIC registration gives some good clues as to the transacations.

Next up, Chess King stores at the mall.

Rockies Seek Registration for ROCKTOBER

There's the Sports Illustrated curse. There's the Madden curse. Might there be a PTO curse? The Colorado Rockies sure hope not, as they've filed four applications for federal registration of ROCKTOBER for various goods and services (one, two, three, four). Confidence, or hubris?

ICANN Seeking Comments on Allocation Methods for Single-letter and Single-digit Domain Names

ICANN is commencing a forum on potential allocation methods for single-letter and single-digit domain names. Examples include a.com, i.info, 4.mobi, 8.org. Since revenue will result from this allocation, comments regarding the potential uses for this revenue are also requested. (via CircleID)

Although nearly all single-letter and single-digit domain names are reserved in gTLDs, 24% of ccTLDs (60) have at least one single-character name registration. Example: Nissan owns the domain www.z.com

Environmental Chemistry on Plagiarism and Fair Use

The editor of Environmental Chemistry explains in detail exactly how unauthorized copying and republishing of their articles harms both their bottom line and their outreach efforts, and touches on a common misunderstanding about fair use. A cogent and concise essay.

Massachusetts Woman Charged With Selling Forged Art Online

Angela Hamblin, of Revere, Massachusetts has been charged with selling fake works of art by J.M.W. Turner and Milton Avery. (via The Art Law Blog)

Mr. Yuk Says "Don't Infringe!"

This is Mr. Yuk:

Mr. Yuk is a registered trademark of the Children's Hospital of Pittsburgh Corporation. If you open your medicine cabinet, you'll likely find him staring out at you from various medicine bottles. Mr. Yuk is not happy.

This is Paul Bakken, city councilor and small business attorney in Eagan, Minnesota. He used Mr. Yuk on lawn signs to express his disapproval for a proposed amendment to the city charter. Children's Hospital somehow caught wind of this (do they have attorneys patrolling the streets of Eagan?) and has demanded he cease and desist.

Councilor Bakken has fallen afoul of the second most mythical copyright myth, that if you find it online it's in the public domain. Yuk.

Today in C&D Letters

From TechDirt: Aggrieved over nasty things said about it in an online forum, furniture sales company sends cease and desist letter to forum host. Goes on to claim posting the cease and desist letter would constitute copyright infringement, apparently in an attempt to forestall the inevitable wave of blogger backlash. Fails.

From Game Politics: Aggrieved over nasty things said about it in various online forums, creators of evangelical Left Behind video game series send cease and desist letters. Much Google investigation ensues.

Legal Fixation

Tuesday, October 30, 2007

Obligatory Red Sox Celebration Post

Copyright Infringement is Spooooky Stuff

Monday, October 29, 2007

Domain Name Front Running

Tuesday, October 23, 2007

AC/DC Acquires acdc.com Domain Name

Ocean Pacific Brand Resurrected

Friday, October 19, 2007

Rockies Seek Registration for ROCKTOBER

Tuesday, October 16, 2007

ICANN Seeking Comments on Allocation Methods for Single-letter and Single-digit Domain Names

Environmental Chemistry on Plagiarism and Fair Use

Saturday, October 13, 2007

Massachusetts Woman Charged With Selling Forged Art Online

Friday, October 12, 2007

Mr. Yuk Says "Don't Infringe!"

Monday, October 08, 2007

Today in C&D Letters

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