Justice Frankfurter in Mishawaka Rubber & Woolen Mfg. Co. v. S.S. Kresge Co., 316 U.S. 203 (1942) makes the case for protecting your trademark: “The protection of trade-marks is the law’s recognition of the psychological function of symbols. . . . Whatever the means employed, the aim is the same – to convey through theRead more about Trademarks, the Psychology of Commercial Symbols[…]
This is probably not news to anyone. But it has been a significant issue in copyright litigation lately. A judge in the of the Northern District of Illinois dismissed a suit filed by the Steele Law Firm on the grounds that it hadn’t identified any individuals as defendants and hadn’t served anyone either. A listRead more about IP Addresses Are Not People[…]
The FTC recently testified before Congress that there should be a function in browsers to allow a “Do Not Track” option. I am a bit cynical about how effective this might be considering I get robo-calls offering to lower my interest despite the “Do Not Call” list and I still get spam despite CAN-SPAM andRead more about FTC Moves Towards “Do Not Track” List[…]
I came across this post in the Freakonomics blog about how we value “pioneers” or people who make something entirely new and the “tweakers” who take existing works and improve them. Its a good article about an interesting problem because both “pioneers” and “tweakers” make art and technology better, but in different ways.
I missed this when it was originally published. I spoke to the IABC a couple of weeks ago about internet law for marketing and public relations professionals. In attendance was Jen Carlton of Priority Marketing who blogged about the copyright and fair use portion of my talk. Thank you Jen! I’m not surprised that theRead more about Fair Use – Priority Marketing Blog[…]
Trademarks are fickle things. You only have them so long as people know and associate you (and only you) with that trademark. Whether or not you have a registration, your rights exist only exist if that trademark continues to distinguish you from everyone else. So, if you have found a potential infringer do you haveRead more about “Is a trademark lawsuit worth it?”[…]
So said Ben Franklin when asked what kind of government we had after the Constitutional Convention. Do your part in keeping it. Vote.
Those disclaimers spoken on Major League Baseball broadcasts, you know: “Any rebroadcast, retransmission, or account of this game, without the express written consent of Major League Baseball, is prohibited,” Well, after Fox and Cablevision couldn’t agree and blackouts during the playoffs ensued, the FCC stepped in with Twitter updates of the games in progress. ItsRead more about FCC Tweets Baseball Updates To Avoid Blackouts[…]
I found two interesting articles this weekend on the topic of libel online. The first is a post by Daniel Solove talking about the slow demise of privacy torts as well as libel and slander. The most interesting point to me was that the New York Times currently does not have any libel cases pendingRead more about Is Libel Online Going Away?[…]
On September 17, 1787, the final draft of the U.S. Constitution was signed.