Media Law News

Crunch time on speech — again

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Originally posted 2012-10-31 19:16:13. Republished by Blog Post PromoterInstapundit.com – YES, THERE DOES SEEM TO BE A GROWING POLITICAL CONSENSUS in favor of shutting up the [sic] hoi polloi. I don’t even consider myself all that polloi, if you don’t mind my saying so. They’d just like us all to shut up. Could the new, somewhat […]

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10th Cir. on DJ’s in TM

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Originally posted 2010-06-28 01:00:06. Republished by Blog Post PromoterThe DeMoines firm of McKee Voorhees & Sease has a very interesting looking IP blog called Filewrapper®. Here they report on a Tenth Circuit case clarifiying the applicable standard for declaratory judgment jurisdiction in trademark infringement cases: The court held that the “reasonable apprehension of suit” standard […]

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Petty taxes

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Originally posted 2007-10-17 15:07:05. Republished by Blog Post PromoterMarty Schwimmer prints an excerpt from this story, about a guy who wants to buy a domain name to start up a new business, but can’t afford the $1000 for the name he wants and which is being warehoused by a domain seller. The would-be buyer doesn’t […]

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Best of 2013: Cooley Law v. John Doe 1, in which Doe does not

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Originally posted 2013-12-26 14:21:02. Republished by Blog Post PromoterFirst published May 1, 2013. Today I was preparing a brief in opposition to a subpoena served on a client seeking information to identify certain anonymous third parties.  [Update:  The result of our motion can be seen here.]  The argument against such business is pretty well established, […]

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Grey is OK

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Originally posted 2011-06-28 14:12:33. Republished by Blog Post Promoter The Business Review (Albany) reports (reg. required) on what could be a very important decision relating to the importation of grey goods: The U.S. Court of Appeals for the Federal Circuit has directed the U.S. International Trade Commission to reconsider its ruling prohibiting domestic sales of […]

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Pure evil

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Originally posted 2011-04-17 17:46:06. Republished by Blog Post PromoterAnd it doesn’t even exactly involve the Red Sox: Various buildings overlook Wrigley Field, home of the Chicago Cubs. Entities unrelated to the Cubs operate businesses on those buidlings’ rooftops, charging admission and selling food and drink during Cubs games. The Cubs have sued some of these […]

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The digital dead hand

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Originally posted 2012-10-05 15:05:02. Republished by Blog Post PromoterIt’s an estate planning / New York bar exam joke — it has to do with something called the Rule Against Perpetuities. Yes, of course, we know that hands are made of digits; but how hard do we have to work to form the perfectly flowing pun when we […]

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We Can Infringe Upon You Wholesale

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Originally posted 2013-02-20 14:00:09. Republished by Blog Post Promoter  [Editor’s note:  When this was first posted, I — not Matthew, I, Ron Coleman — failed to utilize the drop-down box and make sure that MDB showed as the author of this piece, probably thinking that the picture at left would do the trick.  Based on […]

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Campaigning against the generic

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Originally posted 2013-03-21 13:15:19. Republished by Blog Post PromoterMichael Atkins asks, “Are Anti-Genericism Ads Effective”? Good post.  Bad word, “genericism” — I don’t blame Mike; a lot of trademark lawyers use this term.  To me an “ism” is an ideology (or a medical condition!).  I prefer the term “genericness.”  Just saying.

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PTO invents perpetual spam machine

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Originally posted 2011-05-08 00:54:10. Republished by Blog Post PromoterPatently-O publishes a rather ambitious patent application that could actually make that mainstay of PTO rejection fodder, perpetual motion machines, look quite reasonable: “Chris Roller wants exclusive right to the ethical use and financial gain in the use of godly powers on planet Earth.” As Dennis Crouch […]

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Virtually athletic

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Originally posted 2008-03-04 20:37:45. Republished by Blog Post PromoterMarc Edelman at Abovethelaw: On Friday, February 22, Major League Baseball Advanced Media, L.P. (“MLBAM”) and the Major League Baseball Players Association (“MLBPA”) filed a petition for a writ of certiorari to the U.S. Supreme Court (No. 07-1099), seeking to overturn the Eighth Circuit Court of Appeals’ […]

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How important is copyright registration?

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Originally posted 2007-12-28 10:31:49. Republished by Blog Post PromoterThis important  (pdf). As a New York Law Journal article (sub. reqd.) puts it, The Second Circuit’s decision in In re Literary Works substantially limits the use of class actions as a vehicle to settle copyright infringement cases. Survey evidence cited by the parties in the case […]

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Linker from a Grok Land

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Originally posted 2005-01-28 09:36:00. Republished by Blog Post PromoterDoing my morning website traffic analysis, I noticed an extraordinary traffic spike, not to the blog, but to our firm website. What gives? Thankfully, my terrific hosting company, Capalon in Baltimore, provides great tracking tools. Turns out that we got a link from the ultra-impressive GROKLAW website. (That makes two grok-based threads […]

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Spiritual balm for clerkship-seeking law students

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Originally posted 2014-12-03 12:54:57. Republished by Blog Post PromoterIn a totally random way, I ended up linking to an old piece about my adventures seeking a first-year summer associate position at my other blog. Then after some very flattering feedback, I figured some readers of this blog might enjoy it, especially law students, so here […]

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Nominative fair use: The Second Circuit names names

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Originally posted 2016-05-18 19:18:59. Republished by Blog Post PromoterNominative fair use — the “unauthorized” use of a trademark as a trademark specifically to invoke the trademark, as opposed to its “non-trademark” use to describe the alleged infringer’s goods or services use — has now come East, courtesy of the Second Circuit Court of Appeals in […]

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“Yes We Brand!”

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Originally posted 2013-09-16 19:07:51. Republished by Blog Post PromoterBloomberg News reports that “my generation”‘s President is every bit as thoroughly modern as you’d expect.  In other words, no unauthorized drawing down of his icon-equity will be permitted: Yes you can, Brad! Oops, sorry.  The article continues with a decently thorough examination of the issues, quoting […]

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Metatags and infringement: Eleventh Circuit says, “Yes”

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Originally posted 2013-03-15 09:57:32. Republished by Blog Post PromoterSearch Engine Land: Eric Goldman reports that an 11th circuit, US Court of Appeals has upheld a district court’s decision that the use of trademark[-protected] terms in meta tags can cause confusion and thus can constitute trademark infringement. North American Medical Corp. v. Axiom Worldwide, Inc. docket […]

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