Monthly Archives: May 2016

Amicus in Lanham Act/commercial speech case

Posted on May 31, 2016 by

Mark McKenna just filed this brief on behalf of law professors, including me, supporting a simple resolution of Tobinick v. Novella, which should be an easy case (and in easy cases it may be tempting to sweep too broadly). from … Continue reading →

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Throwback trade dress, Care Bears edition

Posted on May 27, 2016 by

Newly added to my collection, the infringing Dan-Dee teddy with the functional tummy graphics: American Greetings Corp. v. Dan­Dee Imports, Inc., 807 F. 2d 1136 (3d Cir. 1986) from Blogger http://ift.tt/25qPUw9

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NPR Marketplace on Oracle v. Google

Posted on May 27, 2016 by

I’m quoted in the story. from Blogger http://ift.tt/1WpwVwQ

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Transformative work of the day, political edition

Posted on May 27, 2016 by

Rebel Girl: this pro-Clinton mashup was initially subject to a DMCA claim, but seems to have survived. from Blogger http://ift.tt/1sf5mKc

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Techdirt on the MPAA v. the Writers Guild of America West on set-top boxes

Posted on May 26, 2016 by

Mike Masnick has the story, and I’m just going to quote him (and WGAW): Meanwhile, in what might seem like a surprising source, another group calling bullshit on the MPAA is the local Hollywood writer’s guild, the Writers Guild of America, West. Their full … Continue reading →

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Copyright Office NPRM indicaties desire to strip sites of 512(c) protection

Posted on May 25, 2016 by

Eric Goldman explains here.  We already could tell that the Office was interested in shrinking the safe harbors; apparently the Office wants to do that in part by purging the list of registered DMCA agents every three years.  As someone … Continue reading →

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Law firm advises: protect your brand via (c)

Posted on May 25, 2016 by

The advice from Drinker Biddle includes using the DMCA to get uses of your TM taken down, which is pretty much exactly the definition of one significant category of DMCA abuses. from Blogger http://ift.tt/25lpNa1

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