Intellectual Property Law

Reports: Facebook Is Close to Trademarking the Generic Word ‘Face’

Corrected: As reported earlier by TechCrunch, the Facebook social networking site is close to getting a trademark on the generic word “face.” To do so, following a notice of allowance by the U.S. Patent and Trademark Office, however, Facebook must not only pay a fee but file a statement of…

Nov 24, 2010 5:52 PM CST

Another David Boies Win: Jury Finds SAP Liable for $1.3B in Software Piracy Case

A federal jury has found SAP AG is liable for $1.3 billion for stealing Oracle Corp. software in one of the largest copyright infringement verdicts ever. The California jurors reached a verdict after only a day of deliberations, according to the Associated Press and the Wall Street Journal. The verdict…

Nov 24, 2010 12:16 PM CST

Teen Imports ‘White Phone’ Parts from Apple Supplier, Earning $130K & Company Scrutiny

A Chinese-speaking high school student in New York hoped to put himself through college with the $130,000 he earned–since August–by selling parts for a do-it-yourself version of Apple’s “white phone” over the Internet. But Fei Lam’s venture to sell a conversion kit to create the coveted white iPhone4 from an…

Nov 17, 2010 5:53 PM CST

Fans Riled After MLB’s Mass Youtube Takedown

Major League Baseball’s recent takedown of slew of YouTube videos has some fans in a tizzy over fair-use claims. The MLB’s mass-deletion of videos (many of which only contain brief clips, sometimes mere seconds, of MLB footage, such as a screenshot of game attendees) frustrates fans eager to share their…

Nov 17, 2010 5:40 PM CST

Porn Industry Lawyer Is New Copyright King with 16,700 Lawsuits Filed

West Virginia lawyer Kenneth Ford is defending porn producers’ copyrighted content by filing more than 16,700 lawsuits in two weeks’ time. Ford’s industriousness makes him the nation’s copyright litigation champion, Ars Technica’s Law & Disorder reports. His suits, filed against file-swappers “with a taste for Batman and booty” were filed…

Nov 10, 2010 2:53 PM CST

Justices See Outsourcing Implications in Omega Copyright Case

A bargain Omega watch sold by Costco has spurred a Supreme Court case that could have outsourcing implications. Costco was able to sell an Omega watch for $1,299, despite a suggested retail price of $1,995, because it bought the watches overseas where they were sold more cheaply, Bloomberg News reports.…

Nov 9, 2010 4:09 PM CST

Magazine Steals Website Article, Tells Protesting Author She Needs Lesson in Public Domain

A New England cooking magazine has some unusual views about fair use. Writer Monica Gaudio protested when she saw the magazine Cooks Source had discovered her Internet article on the origins of apple pie and reprinted it without her permission, according to the Forbes blog Mixed Media and the Washington…

Nov 5, 2010 12:48 PM CDT

In 3rd Music-Download Trial Replay, Minn. Woman Is Hit with $1.5M Verdict; $62,500 Per Song

As the Bill Murray character experienced in the movie Groundhog Day, those who can’t seem to get it right may have to relive the same day again and again until they do. For a Minnesota woman, that has been happening in real life in a music-downloading lawsuit. In the third…

Nov 4, 2010 4:59 PM CDT

Duane Morris Demand Letter Makes Mom & Pop Shop’s Day; ‘Fudgesicle’ Now Known as Trademark Bar

Owners of a small ice cream shop in California were surprised and pleased to receive a cease-and-desist letter from Duane Morris recently, threatening legal action over an item on the Mr. and Mrs. Miscellaneous menu known as the fudgesicle, reports SF Weekly in its SFoodie blog. “Our first reaction was…

Nov 3, 2010 6:08 PM CDT

Production Company Promised ‘Morgan Freeman’ Ad, But Used Voice Double

A Republican congressional candidate who asserted that Morgan Freeman had narrated his attack ad against the incumbent says a contract gave him the wrong impression. The candidate, B.J. Lawson of North Carolina, had issued a press release on Monday stating that the commercial was indeed narrated by Morgan Freeman, the…

Nov 2, 2010 1:21 PM CDT

If You Have a Blog and Allow Comments, Register for DCMA Protections, Sites Warn

The emergence of Righthaven, a copyright troll that buys the rights to Las Vegas Review-Journal stories and then sues alleged infringers, has prompted a couple of blogs to remind bloggers of how they can protect themselves from suits like Righthaven’s. The Digital Milennium Copyright Act gives websites immunity from civil…

Nov 1, 2010 6:41 PM CDT

US Amicus Brief Reverses Course on Gene Patenting, Conflicts with PTO

In an amicus brief filed late Friday, the U.S. government takes the position that genes should not be eligible for patents. The assertion reverses policy and is contrary to the long-standing practice of the Patent and Trademark Office, the New York Times reports. “The new position could have a huge…

Nov 1, 2010 2:04 PM CDT

Federal Judge Shuts Down LimeWire, Says P2P Site Aided ‘Massive’ Infringement

Citing “massive” infringement, a federal judge in New York yesterday ordered LimeWire immediately to shut down its peer-to-peer file-sharing website and gave the company 14 days to report back on the measures it has taken to do so, according to Computerworld and PC World. The ruling came in a permanent…

Oct 27, 2010 11:38 PM CDT

Hell’s Angels Sue Saks, Say Winged Death-Head on Items in Upscale Store Violates Trademark

Hells Angels Motorcycle Corp. has sued Saks Inc., contending that the upscale retailer and other defendants have misappropriated the winged death-head it has used as a trademark since 1948 by featuring it on clothes and handbags sold to consumers. The trademark-infringement suit, which was filed Monday in federal court in…

Oct 27, 2010 6:25 PM CDT

Copyright Troll Righthaven Loses First Suit; Copying Was Fair Use, Judge Ruled

Righthaven, a copyright troll that buys the rights to Las Vegas Review-Journal stories and then sues alleged infringers lost its first suit Tuesday when a judge granted a real estate agent’s motion for dismissal. This was apparently the first time a defendant sued by Righthaven has won a dismissal motion…

Oct 21, 2010 4:09 PM CDT