Seattle Trademark LawyerSeattle Trademark LawyerReports on trademark law developments from Seattle and beyond, including trademark infringement, dilution, cybersquatting, false designation of origin, and UDRP issues. 
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Seattle Law Blogger Meetup Moved to January 15
2007-11-26 02:17:00 Darn it, the date I had picked for the Seattle Law Blogger meetup conflicts with the Federal Bar Association of the Western District of Washington’s annual dinner. I also had heard rumblings of other potential conflicts. So, I am moving the event, executive-decision-style, to 6 p.m. on Tuesday, January 15. I hope this date works better. Heck, by January, two or three more Seattle law bloggers probably will have joined our ranks.The suggested discussion points and description of the event are here. If you are a Seattle law blogger, I hope to see you there. Please mark your calendars, spread the word, and let me know if you can attend! More About: Meetup
Court Denies California Board Sports' Summary Judgment Motion Against Vans
2007-11-20 03:41:00 Plaintiff shoe maker California Board Sports , Inc., sued competing shoe maker Vans, Inc., for a declaration of non-infringement and non-dilution relating to Vans’ federal registration for the checkerboard pattern on its “Classic-Slip-On” shoe, or as I called them back in the day, “Spicoli Vans.” Vans counterclaimed against CBSI for trademark infringement, unfair competition, and misappropriation under California law based on CBSI’s use of a checkerboard pattern on its “Serve Black” shoe. Likelihood of confusion? Court says maybeCalifornia Board Sports shoe (top) and Vans CBSI moved for summary judgment on the grounds that Vans’ checkerboard pattern is generic or merely decorative; that the pattern is functional; that there is no likelihood of confusion; and that CBSI’s use of its checkerboard pattern is fair use. On Nov. 6, the Southern District of California denied UBSI’s motion in its entire... More About: Infringement , Motion
Seattle: Home to Coffee (Trademarks)
2007-11-18 18:43:00 It’s true. We Seattlites fancy ourselves as living in the center of the coffee universe. After all, this is home to Starbucks, Seattle ’s Best Coffee , and Tully’s, among others. Not surprisingly, the association between Seattle and coffee hasn’t been lost on coffee sellers. A quick search of U.S. Patent and Trademark Office applications for trademark registration shows many remote coffee sellers want to cash in on Seattle’s coffee cache. For instance, just last week the Mississippi-based Seattle Drip Coffee Company obtained a registration for SEATTLE DRIP COFFEE COMPANY and Design for coffee and retail store services featuring gourmet coffee. In 2002, Michigan-based Kroger Co. registered SEATTLE CAFE ROAST and Design for coffee. Seattle Coffee Company, Inc., of Little Rock, Ark., similarly registered ESPRESSLY SEATTLE COFFEE CO. but lost it after Seattle’s Best Coffee Co. (of Seattle) petitioned to cancel the registration. Another Arkansa... More About: Home , Trademarks
STL Grab Bag
2007-11-16 04:50:00 Haute Diggity! On Nov. 13, the Fourth Circuit found doggie-toy maker Haute Diggity Dog, LLC did not dilute Louis Vuitton Malletier, S.A.’s famous LOUIS VUITTON trademark by selling chew toys called “Chewey Vuiton.” Rebecca Tushnet’s discussion here. This is an important decision under the now year-old Trademark Dilution Revision Act. It’s also a loss for the owners of famous trademarks. The International Trademark Association had filed an amicus brief in support of Louis Vuitton. The Fourth Circuit apparently was not persuaded.Starbucks threatens Michigan’s Conga Coffee & Tea over the latter’s green concentric circle logo. Vegas Trademark Attorney reports on the dispute and chides STL for not beating him to the story.Likelihood of confusion?Imposters no more. In June, STL wrote about California’s proposed Truth in Music Advertising Act aimed at “imposter” bands. It’s no... More About: Infringement , Grab
Acapulco Restaurant Dismisses Suit After Mexican Restaurant Changes Name
2007-11-15 05:53:00 In a relatively rare trademark filing for the Eastern District of Washington, Acapulco Restaurant s, Inc., brought suit against the owners of the Sunnyside, Washington, Mexican restaurant known as “Acapulco Restaurant.” Plaintiff alleged Antonia and Maria Chavez and the other unknown owners of the restaurant infringed plaintiff’s registered trademarks ACAPULCO, ACAPULCO MEXICAN RESTAURANT, and ACAPULCO RESTAURANT Y MEXICAN CANTINA in connection with restaurant and cantina services. After defendants proved they had changed the name of their restaurant to “El Faro,” plaintiff filed a notice of dismissal, which Judge Robert Whaley effected today.The case cite is Acapulco Restaurants, Inc. v. Chavez, No. 07-3091 (E.D. Wash.).Full disclosure: STL’s publisher represented the plaintiff in the case. More About: Infringement , Suit
Ninth Circuit Allows PERFUME BAY But Not PERFUMEBAY
2007-11-13 05:36:00 The Vegas Trademark Attorney has a nice write-up on the Ninth Circuit ’s Nov. 5 decision in Perfume bay.com Inc. v. eBay Inc. Here’s the rub:“The district court did not clearly err in finding that conjoined forms of ‘perfumebay’ created a likelihood of consumer confusion. The district court, therefore, properly enjoined Perfumebay from utilizing such infringing marks. The district court also did not clearly err in finding that the non-conjoined forms of Perfumebay’s mark, such as Perfume Bay, did not create a likelihood of confusion.“However, the district court erred in holding that Perfumebay’s marks did not produce a likelihood of dilution, as the marks are nearly identical to eBay’s mark. The district court also erred in finding that eBay acted with unclean hands in its advertising, as the record did not affirmatively demonstrate the requisite intent to deceive.”The case cite is Perfumebay.com Inc. v. eBay I... More About: Dilution , Infringement , Allo
No Fees Award in Mother v. LL Bean Trade Dress Case
2007-11-09 05:13:00 I’ve probably over-done my coverage of this case, but it’s been a fun one. To close the loop, I’ll just say that on Oct. 26, the Western District declined to award L.L. Bean , Inc., attorney’s fees, which L.L. Bean sought after obtaining dismissal of Mother , LLC’s trade dress infringement claims as a matter of law at the close of trial. After noting that fees awards are discretionary and the Ninth Circuit has “set the bar fairly high with regard to what constitutes ‘exceptional,’” the court explained its decision as follows: “The court found this case distinguishable from many, in that the parties had entered into a contractual arrangement regarding the sale and marketing of the plaintiff’s upland hunting vest by defendant. Defendant’s conduct was more than suspect from an equitable perspective, but because Congress was careful not to stifle competition, the plaintiff had a significant burden in establ... More About: Fees , Dress , Trade
Western District Grants and Denies in Part Motion to Dismiss False Advertis
2007-11-08 05:50:00 Plaintiffs PlastWood SRL and its subsidiary, PlastWood Corp., compete with defendant Rose Art Industries, Inc., in the sale of magnetic construction toy sets. Rose Art’s product, MAGNETIX, is comprised of small plastic building blocks that are held together by magnetic force. Rose Art’s advertising and product packaging state that “500 designs” can be built by assembling MAGNETIX building blocks in certain described manners. PlastWood alleged in this Western District false advertising case that many of those structures cannot be built and collapse under their own weight. PlastWood also alleged that the phrase, “Ages 3 to 100,” which appears on MAGNETIX packaging, misrepresents that the blocks are safe for children three and older because the blocks actually are dangerous to small children. Rose Art moved to dismiss PlastWood’s complaint on the ground that the Child Safety Protection Act preempts PlastWood’... More About: Grants , Part , Motion
On Infringement Safari
2007-11-07 06:37:00 Easing my way back into blogging mode, I can happily report that Yucatan’s colonial capitol, Merida, provided some STL fodder. One afternoon on infringement safari, I bagged some worthy game: a suspiciously greyhound-like logo on a city bus, and a more-than-suspicious imitation of VANS shoes called VEEENS. Pretty soon, the hunter realized, he’d need to retreat back to the cool climes of Seattle and get back to work. More About: Safari , Infringement
STL on Vacation
2007-10-27 20:27:00 I’m taking a breather in the Yucatan, seeing as many Mayan ruins as I can. STL will resume posting on Nov. 7. Until then, tenga un feliz Dia de los Muertos!Templo de los GuerrerosPhoto Credit: Keith Pomakis More About: Vacation
Are Anti-Genericism Ads Effective?
2007-10-26 06:32:00 An anti-genericism ad from this month’s ABA Journal: “If you use ‘Xerox’ the way you use ‘zipper,’ our trademark could be left wide open. There’s a new way to look at it.“No one likes to leave their name open to misuse. Which is what happens when you use our name in a generic manner. Basically you’re putting it in a compromising position which could cause it to lose its trademark status. That’s what happened to the name ‘zipper’ years ago. So when you use our name, please use it as an adjective to identify our products and services, such as ‘Xerox copiers.’ Never as a verb: ‘to Xerox’ in place of ‘to copy,’ or as a noun: ‘Xeroxes’ in place of ‘copies.’ Now that you’re aware of all this, that should just about zip things up. Thanks.”These anti-genericism ads fascinate me. If they’re actually effective, why don’t we see m... More About: Anti , Effective , Neri
Microsoft Files Three Lawsuits Against Online Sellers of Software
2007-10-25 02:41:00 On Oct. 19, Microsoft Corp. filed three substantially similar lawsuits in the Western District against the John Does who allegedly own and operate Web sites that sell unauthorized reproductions of Microsoft software. The subject Web sites are www.Econo-Soft.com, www.DVDFilm.tv, and www.ChildAOGroup.com. In each complaint, Microsoft alleges it placed orders through the Web site; provided payment information; received a link to another Web site in which to download the software; downloaded the software; and determined that the software was an “unauthorized reproduction” of Microsoft’s software. The software included Microsoft’s FrontPage, Windows Vista, and Office 2007 software.Microsoft seeks relief based on theories of trademark infringement, false designation of origin, copyright infringement, constructive trust, and accounting.Defendants have not yet answered the complaints, which are viewable here, here, and here.The case cites are... More About: Software , Lawsuits , Online , Counterfeiting
Join the Seattle Law Blogger Meetup!
2007-10-24 02:22:00 STL to Host Seattle Law Blogger Meetup on Dec. 5 at Graham & DunnSeattle law bloggers unite! For one night, at least. On Dec. 5, STL will host a roundtable for Seattle-area law bloggers. Judging by the success of the Bay Area event (see organizer Eric Goldman’s description of last year’s get-together here), the first Seattle gathering should be productive and fun. Here are the sorts of things I’m interested in discussing:Why do you blog?Has blogging affected your practice? Your life?What benefits have you gained by blogging?How do you generate new content?Have you ever received a cease-and-desist letter?Have you ever censored yourself?What resources exist for learning about blog law?How have other lawyers reacted to your blog? Your clients? Your law firm? Your judge?How will law blogging change in the next few years?Do you have any great tools or tips?If you have ideas for other topics, let m... More About: Join
Microsoft Awarded $100k for Trademark Infringement in Default Judgment
2007-10-23 04:05:00 On Oct. 16, the Eastern District of California awarded Microsoft Corp. $100,000 in statutory damages for defaulted defendant Matthew Evans’ trademark infringement. Magistrate Judge Sandra Snyder concluded Microsoft’s allegations that Mr. Evans had sold counterfeit software bearing Microsoft’s registered trademarks in February and October 2006 adequately stated a claim for trademark infringement.Microsoft sought $100,000 in statutory damages for each of the three trademarks at issue. The court addressed the issue as follows:“Here, profits, expenses, and lost revenues are matters only of speculation. Plaintiff has not given the Court even the most basic information regarding its loss, such as the price or value of the goods or services subject to the violations. The precise scope of Defendant’s business is not clear. All that the allegations of the complaint indicate is that the Defendant used multiple counterfeit marks in [one] instance in Febr... More About: Infringement , Counterfeiting , Judgment , Trademark
Nike Sues Five Web Site Operators for Counterfeiting
2007-10-21 19:38:00 On Oct. 17, Nike , Inc., filed suit in the Middle District of Florida against four Web site operators for allegedly selling counterfeit Nike-branded shoes. The defendants are Omar Lydner of Conn., Carl Lydner of Conn., Veta Brown of Georgia, 23Feet, Inc. of Florida and New York, and Anthony Ramos of Florida. Defendants’ alleged Web sites are www.rf45.com, www.retrofeet.com, www.23feet.com, www.pickyoursole.com, and www.jordans4sale (Omar Lydner); www.retrofeet.com (Carl Lydner); www.multikicks.com and www.perfectkicks.com (Brown); and www.23feet.com (23Feet and Ramos). Nike alleges that defendants are “manufacturing, distributing, offering for sale, and/or selling the Nike Trademarks in the form of counterfeit shoes bearing exact copies or colorable imitations of the Nike Trademarks,” including Nike’s NIKE, SWOOSH DESIGN, NIKE AIR, AIR JORDAN, and JUST DO IT registered trademarks.Nike also alleges it sent cease-and-desis... More About: Site , Operators , Counterfeiting
Seattle Venture Capitalist Says Build Business Around Good Domain Name
2007-10-19 07:31:00 The Seattle Post-Intelligencer recently ran a story about a Seattle venture capitalist’s strategy: acquire a good domain name, then build a business around it.That’s Rob Monster’s idea, who the P-I says formed the Bellevue, Wash.-based Domain Strategies and joined the Boston-based Internet Real Estate Group as a partner.“Between the 5,000 names at Domain Strategies (OrganicSeasonings.com, IdentityLock.com and Anonymize.com, to name a few) and 600 names at Internet Real Estate Group (Software.com, Jeans.com and Chocolate.com), Monster thinks a compelling business or two could be created. Instead of managing those businesses on his own, Monster wants to serve as the matchmaker who links talented entrepreneurs with high-quality names.”He told the P-I: “I believe that for every business idea that correlates with a category-defining domain, there is a corresponding world-class management team and corresponding capital source th... More About: Business , Venture , Domain Name
HomeTask Obtains Preliminary Injunction Against Former Franchisee
2007-10-18 05:01:00 On Oct. 16, Western District Judge Ricardo Martinez awarded franchisor HomeTask Handyman Services, Inc., a preliminary injunction against its former franchisee, Paul Szewczyk, based on Mr. Szewczyk’s covenant not to compete. The court, however, denied HomeTask’s motion to the extent it was based on claims of trademark infringement, dilution, and false designation of origin. Since my firm is involved in the case, that’s all I’ll say.The case cite is HomeTask Handyman Services, Inc. v. Szewczyk, No. 07-1283 (W.D. Wash.). More About: Infringement , Junction , Mina , Franc
Electro Products Agrees to Permanent Injunction Enjoining Counterfeiting
2007-10-17 01:59:00 Plaintiff CommScope, Inc. of North Carolina and defendants Electro Products , Inc., and Daniel Edward Oberholtzer today agreed to a permanent injunction in the Western District enjoining defendants from using CommScope’s trademarks and from causing others to believe that defendants’ products are connected with CommScope when they are not. CommScope markets and distributes a SYSTIMAX- and PATCHMAX-branded patch panel that allows telecommunications cables used in high-speed voice and data networks to be connected and disconnected quickly. (STL’s previous discussion of Judge Ricardo Martinez’s refusal to stay the case pending an alleged criminal investigation of Mr. Oberholtzer here.)In agreeing to the injunction, defendants did not admit “any liability for intentional wrongdoing.” However, they did agree that “CommScope is likely to succeed in showing that Defendants have used and are likely to continue t... More About: Counterfeiting , Junction , Rees
Jury Finds Competitor Infringed and Diluted Wham-O's YELLOW Trademark
2007-10-16 04:28:00 After seven days of trial, a Central District of California jury found on Oct. 11 that plaintiff/counterclaim defendant SLB Toys USA, Inc., had diluted defendant/ counterclaim plaintiff Wham -O, Inc.’s YELLOW color mark for “sliding surface of water slide toys.” The jury also found that SLB Toys had willfully infringed Wham-O’s YELLOW color mark, whether it was registered or unregistered, and engaged in false advertising. The jury awarded Wham-O $3.6 million and recommended that Judge Ronald Lew enhance their award by an additional $2.4 million. The jury found for SLB Toys on Wham-O’s claim that SLB Toys had infringed a separate “yellow/blue water slide” trademark. (See Vegas Trademark Attorney’s discussion of the decision here.)With regard to dilution, a subject in which I am particularly interested, the jury found as follows:CLAIM 4 — DILUTIONOn the claim of Wham-O against SLB for dilution... More About: Dilution , Infringement , Yellow
How Courts Have Interpreted the Trademark Dilution Revision Act
2007-10-15 06:47:00 Courts have had a year to interpret the Trademark Dilution Revision Act. What have they decided? Here’s a survey of the decisions I have found most instructive.What is the significance of the Trademark Dilution Revision Act?In Dan-Foam A/S v. Brand Named Beds, LLC, 500 F.Supp.2d 296, 306 n.87 (S.D.N.Y 2007) (STL discussion here), the Southern District of New York summarized the TDRA’s significance as follows:“The TDRA became effective on October 6, 2006, replacing the Federal Trademark Dilution Act of 1996 (‘FTDA’). Specific changes to the federal dilution law under the TDRA include the establishment of a ‘likelihood of dilution’ standard for dilution claims, rather than an ‘actual dilution’ standard; a provision that non-inherently distinctive marks may qualify for protection; a reconfiguration of the factors used to determine whether a mark is famous for dilution purposes, including a rejection of dilution c... More About: Courts
Minnesota Public Radio Sues Virginia Radio Station over Name "The Current"
2007-10-12 05:28:00 I spent my undergraduate days at a Catholic college in aptly named Collegeville, Minnesota , where Minnesota Public Radio was founded. Therefore, I was more interested than perhaps most Seattle-based trademark lawyers to learn that MPR had brought suit against another radio station for alleged infringement of MPR’s trademark, THE CURRENT. MPR, home of Garrison Keilor’s “A Prairie Home Companion” radio show, filed suit at the end of last year in the District of Minnesota against Virginia Beach Educational Broadcast Foundation, Inc., d/b/a Positive Hit Radio The Current , based on Positive Hit Radio’s alleged use of THE CURRENT and CURRENT FM trademarks in connection with radio services. MPR’s false designation of origin, cybersquatting, unfair competition, and common law trademark infringement claims are based on MPR’s alleged ownership of THE CURRENT, LIVE CURRENT, CROSS CURRENTS, THE CURRENT HOOTENANNY, and THE CURRENT FAKEBOOK trademark... More About: Infringement
Court Refuses to Transfer Title of Trademarks to Satisfy Judgment
2007-10-11 04:43:00 In 2005, Keystone Laminates, Inc., obtained a default judgment against KlipTech Composites, Inc., owned by defendants Joel and Leeann Klippert, in the total amount of approximately $120,000. Keystone alleges that during supplemental proceedings, it learned that KlipTech had sufficient assets in 2004 to satisfy its debt to Keystone, but that KlipTech instead transferred those assets to Paneltech International, LLC, one of KlipTech’s former clients.In 2007, Keystone filed suit in the Western District against Mr. and Mrs. Klippert and Paneltech for fraudulent transfer, corporate successor liability as to Paneltech, and to pierce KlipTech’s and Paneltech’s corporate veils as necessary to prevent abuse of the corporate form to frustrate Keystone’s ability to collect on its judgment. In September, it moved for an order transferring title of the trademarks from KlipTech to Keystone to satisfy its judgment. In support of i... More About: Transfer , Civil Procedure , Judgment , Title , Court
New York Theater Threatens Washington Ensemble Theatre Over WET
2007-10-10 03:20:00 Seattle alternative newspaper The Stranger discussed a threatened trademark lawsuit today in its blog, Slog. It states the Women’s Expressive Theater , Inc., of New York has sent “four cease and desist letters” to the Washington Ensemble Theatre of Seattle over the latter’s acronym, WET. Last year, Women’s obtained a federal registration for WET in connection with “education and entertainment in the nature of theater productions, live readings of plays, screenplays and fiction, organizing panel discussions, conducting workshops, providing facilities for showing films, all related to women and the arts.” Women’s apparently thinks Seattle theatergoers are likely to be confused between the two companies since they are both WET for short.The Stranger quotes a Washington Ensemble member as asking: “What is the state of nonprofit theater in America today when one theater a... More About: Infringement
New York Theater Threatens Women's Expressive Theater Over WET
2007-10-10 03:20:00 Seattle alternative newspaper The Stranger discussed a threatened trademark lawsuit today in its blog, Slog. It states the Women’s Expressive Theater , Inc., of New York has sent “four cease and desist letters” to the Washington Ensemble Theatre of Seattle over the latter’s acronym, WET. Last year, Women’s obtained a federal registration for WET in connection with “education and entertainment in the nature of theater productions, live readings of plays, screenplays and fiction, organizing panel discussions, conducting workshops, providing facilities for showing films, all related to women and the arts.” Women’s apparently thinks Seattle theatergoers are likely to be confused between the two companies since they are both WET for short.The Stranger quotes a Washington Ensemble member as asking: “What is the state of nonprofit theater in America today when one theater a... More About: Infringement , New-York
Anesthesiology Board Sues Local Doctor for Infringing Its Certification Mar
2007-10-09 04:35:00 On Oct. 5, Seattle physician Ray Liao, M.D., agreed to a preliminary injunction enjoining him pending trial from “infringing upon the [American Board of Anesthesiology, Inc.’s] name and certification marks,” and from “[m]aking any representation, including any use of brochures, certificates, letterhead, business cards or other written information indicating or implying that the defendant is Board certified by the ABA.”The ABA’s Sept. 18 complaint alleges that Dr. Liao intentionally used the ABA’s certification mark, THE AMERICAN BOARD OF ANESTHESIOLOGY and design, with the “clear intent to deceive others into believing that he is an ABA Diplomate and that he is an ABA-certified anesthesiologist.” In particular, the ABA alleges that Dr. Liao provided a representative of the Northwest Credentials Verification Service a “counterfeit reproduction of an actual ABA certificate” that contains Dr. Liao’s name ... More About: Infringement , Local , Certification , Doctor
Richard Jones Confirmed as Western District Judge
2007-10-08 06:27:00 Last week, the Senate confirmed Richard Jones as federal judge in the Western District of Washington. He replaces Judge John Coughenour, who went on senior status last year. Judge Jones, 56, is a 1975 graduate of the University of Washington School of Law. He served as a King County deputy prosecutor, staff attorney for the Port of Seattle, associate attorney at the former Seattle law firm of Bogle & Gates, and assistant U.S. attorney before being elected to the King County Superior Court bench in 1994. While on the bench, Judge Jones presided over the Green River Killer trial in which he sentenced Gary Ridgway to 48 consecutive life terms. The Seattle Times reported that he was among the most highly-ranked King County Superior Court judges in a lawyer survey in 2003 and was named “judge of the year” by the King County and Washington State Bar Associations in 2004. His half-brother is celebrated musician Quincy J...
Trademark Dilution Revision Act Now One Year Old
2007-10-08 06:06:00 It’s been a full year of “likelihood of dilution.” On Oct. 6, 2006, President Bush signed the Trademark Dilution Revision Act, which changed how practitioners, academics, trademark owners, and the courts view famous marks. This week, I’ll recap some of the more important decisions under the new statute. In the meantime, check out 43(B)logger Rebecca Tushnet’s dispatches (here, here, here, and here) from Santa Clara University’s timely conference on “Trademark Dilution: Theoretical and Empirical Inquiries.” There’s tons of great stuff in her detailed record of the event. More About: Year
Seattle Post-Intelligencer Reports on Baden v. Molten Case
2007-10-05 02:27:00 On Oct. 2, the Seattle Post -Intelligencer ran a story on the Baden v. Molten decision in which a Western District jury awarded the plaintiff more than $8 million based on defendants’ false advertising and patent infringement. (STL’s previous post on the case here.) Prof. Tushnet also discussed the decision. Her take: “I’m surprised that a false claim that products were ‘innovative’ could produce such a large award. The term is at least close to puffing, unless there are more specific associated claims. I wonder if the jury wasn’t including compensation for patent infringement in there as well, despite the fact that logically the claims are independent; one could falsely advertise one’s basketballs as ‘innovative’ merely by producing standard old basketballs.”The case cite is Baden Sports, Inc. v. Kabushiki Kaisha Molten, No. 06-210, 2007 WL 2790777 (W.D. Wash.). More About: Case , Ports
An Imperfect Decision, Perfect 10 Founder Says
2007-10-04 04:41:00 Norm Zada, founder of Perfect 10, talks to InsideCounsel about losing millions to copyright infringement, how he’d stop infringers, and why the Ninth Circuit was wrong in deciding his case. Here’s a sample:InsideCounsel: “The 9th Circuit ruled 2-1 that the credit card companies were not liable for contributory copyright [and trademark] infringement because they did not ‘materially contribute’ to the infringements. What is wrong with this reasoning?”Mr. Zada: “Some of the panel just doesn’t get it. It is not the policy of the U.S. to aid and abet those who profit from massive theft…. We know what happens to someone who is fencing stolen property. There is civil and criminal liability. But if you are fencing $50 billion of stolen IP, you don’t even have any civil liability, according to this panel. It is unbelievable…. According to the majority of the panel, this doesn’t contribute to infringem... More About: Founder , Infringement , Decision , Perfect 10
Chief Justice Roberts: Political Parties Are Like Trademarks
More articles from this author:2007-10-03 05:08:00 The Associated Press yesterday reported on oral argument before the U.S. Supreme Court in a case that challenges Washington State’s primary system. Currently, voters here must pick a party and then vote for candidates within that party. A new law would replace that scheme, allowing voters to select their favorite candidates regardless of party affiliation. Litigation has prevented the law from taking effect.The AP stated that “Chief Justice John Roberts compared the case to a trademark dispute. The two major parties are trying to protect their ‘brand’ to ensure that only those who agree with the party’s principles are identified with that party, he said.“Under the law as approved, ‘people will be confused,’ Roberts said. Candidates might ‘look like Republicans but aren’t.’”That’s an interesting take. To the extent voters look at Candidate X, see she’s a Democrat, and have an accurate p... More About: Political , Parties , Justice Roberts 1, 2, 3, 4, 5, 6, 7 |
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