Technically Legal

Amazon Wrap Up, iPad Trademark Dispute, Out-Of-School Speech, New Rules for Juries

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iPad Trademark Dispute

FUJITSU’s iPAD
Fujitsu’s Leaked iPad Memo
Will the iPad soon have a new name?
MAGTEKs iPad
STMicroelectronics iPad
Apple’s Trademark Application

Students Punished, or not, for Out of School Speech

Snyder v. Blue Mountain School District
Synder Opinion
Layshock v. Hermitage School District, Opinion

New Rules for Juries

Juror Use of Electronic Communication Technology
Courts move to ban juror use of Blackberry, iPhone, Twitter and Facebook

Comments Off Posted in: Podcast on February 8, 2010

Are file extensions trademarks, Google Street View suit reinstated, and Amazon pulls Macmillian books.

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Are file extensions trademarks?

File extensions cannot be trademarks

Street View Suit Reinstated

Google Street View: Appeals court revives Pa. couple’s lawsuit
The opinion

Amazon pulls Macmillan Books

Amazon Pulls Macmillan Books Over E-Book Price Disagreement
Amazon conceded to Macmillan hours after we finished recording.

Comments Off Posted in: Podcast on February 1, 2010

Google has come under fire from the estate of Philip K. Dick over the use of name Nexus. Dick wrote Do Androids Dream Electric Sheep, which was turned into the movie Blade Runner. The book and movie feature Nexus-6 model androids. Yesterday, Google released the Nexus One phone, based on the Android operating system.

The Dick estate has a tough case to make for either copyright or trademark infringement. The copyright case is hard to make lagely because it’s just one word at issue. The trademark case is difficult because the only time Nexus was used as a brand was in a book. Nexus was never used by Dick to brand an actual product in real life.

Comments Off Posted in: Links on January 6, 2010

AppleInsider is reporting that Apple and Psystar have entered into a partial settlement. The deal will prevent a trial on the issues of copyright damages, trademark and tradedress infringement and state unfair competition claims. In exchange, Psystar will pay an undisclosed amount of money, and will not have to pay Apple until after Psystar appeals the District Court judge’s ruling.

The judge still has to decide whether to issue Apple’s permanent injunction, and Apple’s legal challenge to Psystar’s RebelEFI is not included in this settlement.

1 Comment Posted in: Links on December 1, 2009

Verizon recently announced two phones branded with the “DROID” mark. One of the phones is made by Motorola, the other by HTC. The name likely comes from the fact that both phones run the Android operating system.

Typically a trademark answers the question “Where am I from?” Not, “What am I?” For example, Swingline on your red stapler lets you know that the stapler is from Swingline. It doesn’t tell you that it’s a stapler.

DROID here doesn’t fall into either category. It doesn’t particularly tell you where it’s from, because the phones are on Verizon but made by two different companies. It also doesn’t describe the product itself.

Regardless, if Verizon filed for a trademark on the name DROID for cell phones, they would probably be given the trademark.

That is, if Lucasfilm hasn’t beaten them to it.

On October 9^th, Lucasfilm filed an applcation to register the word “DROID” for “Wireless communications devices, including, mobile phones, cell phones, hand held devices and personal digital assistants.” The serial number is 77845682, and you can search for the application through the TESS Engine at the Trademark office. Sadly, I can’t find a way to directly link to it.

We’ll follow this as it develops because a lot of issues might arise if these two companies clash. Stay tuned.

4 Comments Posted in: Commentary on November 5, 2009

Copyrighting movie times, trademarking the word Edge with regard to games, and first sale and computer programs.

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Copyrighting Movie Times

Can You Copyright Movie Times
Feist Publications v. Rural Telephone Service
17 USC 102

Edge Copyright

EA, DICE File Complaint To End Trademark Issues Over Mirror’s Edge
Incontestability

AutoDesk and First Sale

Vernor v. Autodesk – Cross Motions to Dismiss – First Sale Case – Updated
It’s Still A Duck: Court Re-Affirms That First Sale Doctrine Can Apply to “Licensed” Software
The Order
17 USC 109, First Sale
17 USC 117, Limitations on Rights

1 Comment Posted in: Podcast on October 6, 2009

Google Antitrust Investigations, Microsoft Bing and Kayak, Posner on Copyright, and Developers and the GPL.

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Google Anti-Trust Investigation

Google Makes a Case That It Isn’t So Big

Microsoft Bing and Kayak

Kayak to Bing: Stop Copying Us!
Kayak.com
Bing Travel

Posner on Copyright

The Future of Newspapers–Posner

Developers and the GPL

GPL
Getting Pretty Lonely [Red Sweater Blog]

We promised to talk about this story: College Stars Sue Over Likenesses in Video Games, but didn’t get to it.

1 Comment Posted in: Podcast on July 6, 2009

Google Lawsuit, iTunes App Store, Online Harassment Laws and Reporters on Facebook.

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Google Sued Again for Trademark Infringement–Soaring Helmet v. Leatherup.com

Tim Langdell: The EDGE of Insanity?

Texas Lawmakers Crack Down On Fake Profiles

iAWFUL

AP Reporter Reprimanded For Facebook Post; Union Protests

Comments Off Posted in: Podcast on June 15, 2009

Eric Goldman reports on a class action law suit filed against Google over trademark infringement. Professor Goldman hits the nail on the head when he says that the suit isn’t likely to go very far. Class actions involving trademarks rarely get past initial stages, because unlike most class action cases, where the harm is exactly the same to each class member, it rarely is the case in trademarks. Because damages would be different in each case, the Court is likely to find that they won’t save any time or resources by allowing the class action to go forward, as opposed to litigating each case individually.

Comments Off Posted in: Links on June 15, 2009

Tony LaRussa sues Twitter, Yahoo sues the NFL, and patents go to the Supreme Court.

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Supreme Court Grants Cert. in Bilski

Method Men? Handicapping Bilski at the Supreme Court [The Prior Art]
Bilski v. Doll [ScotusWiki]

Yahoo Sues NFL Players Association

Yahoo sues NFL Players Association [SiliconValley.com]
The Complaint [scribd.com]

Tony LaRussa Sues Twitter

Tony La Russa Sues Twitter Over Alleged Fake Page [New York Times]
Not Playing Ball [twitter.com]
The Complaint

1 Comment Posted in: Podcast on June 9, 2009