In class this week we talked about the black letter trademark law rule: 

Valid trademark licensing requires quality control.

Easy to say, but what does it really mean?

What is "quality control"?  We got around that rather easily.  We don't care about the quality, only the control.

But how much control is needed?  Well, experience and case law preaches this: not much.  As I've said before, how can the Chicago Cubs control quality over the logo on licensed baseball caps, if they can't control the quality of a baseball game? 

A joke of course, but still . . .will the ...   more »

Chicago Lawyer, October 2005, article by Tom McCann features Mark Partridge on recent development in IP and the Internet:

"Internet Provides Rich Ground for Evolving IP Law."

The Wall Street Journal reports today that Bush's new Supreme Court nominee, Harriet Miers, has experience as a trademark, lawyer, stating:

"Her work for Disney involved trademark matters." 

Ms. Miers also has represented Microsoft and SunGard Data Systems.

See "Bush's New Supreme Court Pick: A Loyal Aide With Scanty Record," The Wall Street Journal, October 4, 2005.

New presentation on "Copyright Damages and Fees," for Law Seminars International presented in Philadelphia, September 28, 2005, available here.

Tribune Internet critic Steve Johnson writes, "Google Bombs put searchers on the wrong path," available here. 

Johnson provides a fun take on google bombing, stating:

These results show up because people who followed their parents' advice to study computer science instead of English literature have analyzed Google and other search engines and figured out that they can be manipulated.

See article for more.

Intelletual Property is your greatest asset.

IP makes you or your business worth more than you can be worth on your own. IP lets you command a premium for your services. It lets you make money in your sleep. It lets you create a business that can be sold to others or passed on to your heirs.

Consider these business examples:

1. Generic cola v. COKE. Why is one worth more? Because Coca-Cola has used IP to enhance the value of a simple commodity. It receives a premium because it has a secret formula and a distinctive well-known brand. Generic ...   more »

SDNY District Court slams shut Le Book Publishing copyright claim against Black Book Publishing, reports David Walker in "Le Book Calls Black Book "Cheap Imitation"; Judge Is Unswayed" 

The defendant copied directory listings from the plaintiff's directory, but not the arrangement, so no relief from the court, which states:

"It is a basic principle of copyright law that facts [such as directory listings] cannot be copyrighted, no matter how much effort has been put into discovering and compiling these facts."

SparkNet claims rights in Jack and the slogan "playing what we want," but was not successful pursuing its claim recently in Illinois, according to this article:

Not everyone sees things SparkNet's way. Earlier this month, a magistrate judge in U.S. District Court for Northern Illinois ruled in favor of Bonneville International Corp. in a trademark infringement case SparkNet filed. The judge ruled that Bonneville's use of the slogans "whatever we feel like" and "whatever we want" didn't constitute infringement, adding, "This battle is better fought in the marketplace than in the court. ... If every radio station that adopts a slogan ...   more »

This week in class we talked about the prohibition in Section 2 of the Lanham Act on registering trademarks based on the name or depiction of a living president or a dead president during the life of his widow (yes, the statute still says "his widow"). 

So this story is apropos:

"Clinton Finds Himself on Cover of Condom Packs"

Perhaps he was hoping for the cover of Rolling Stone.

A Wisconsin federal court has dismissed TRO action against Vancouver registrar and undisclosed registrant of www.amercangirl.com site.  Court proposes ICANN UDRP and ACPA in rem actions as alternatives.

American Girl LLC v. Nameview Inc., (E.D. Wis. 8/9/05)

The Nation Arbitration Forum has released this decision: 

The Estate of Marlon Brando v. thewordbank twb, Claim Number: FA0506000505502,

http://www.arb-forum.com/domains/decisions/505502.htm

Panelist Hugh Putnam decides in favor of the Complainant, stating:

Respondent registered the <marlonbrando.net> domain name to prevent Complainant from reflecting its MARLON BRANDO mark in a corresponding domain name.  Furthermore, based on an article published in Artnet Magazine, Respondent has engaged in a pattern of such conduct by registering several domain names with the proper names of artists and celebrities.  These circumstances are evidence of bad faith registration and use pursuant to Policy ¶ 4(b)(ii).  ...   more »