IP Roundup: May 2, 2011
Some of the latest news on copyright and trademark from around the web:
- Perfect 10 Sues Giganews for Copyright Infringement by Thomas Mennecke at Slyck.
- Charlie Sheen aiming to trademark 22 catchphrases by Kate Ward at Entertainment Weekly. #Winning?
- Trademarks for Sarah, Bristol Palin head to approval by Catalina Camia at USA Today.
- Apple drops attempts to trademark 'pod' by Ben Camm-Jones at Computerworld.
- Wegmans, Walgreens Settle Suit Over 'W' logos by Wall Street Journal (blog).
- More subpoenas on the way to identify John Doe BitTorrent users in copyright cases from Internet Cases by Evan Brown.
- Copyright Takedown Notice Isn't Actionable Unless There's an Actual Takedown. Amaretto Ranch Breedables, LLC v. Ozimals, Inc., 3:10-cv-05696-CRB (N.D. Cal. April 22, 2011). More from Eric Goldman here.
- Parisi v. Sinclair, 2011 WL 1206193 (D.C. D.C. March 31, 2011). Section 230 of the Communications Decency Act shields online book sellers from claims brought over promotion and sale of scandalous book about presidential candidates. The complaint. More source documents. Summary by Eric Goldman.
- Google's trademark win for "Android" is being appealed to the Seventh Circuit.
- The World Intellectual Property Organization (WIPO) announced that international trademark filings under the Madrid Protocol increased by 12.8% last year. More statistics available in this report.
- Musgrove v. Helms, 2011 WL 1225672 (Ohio App. 2 Dist. April 1, 2011). Notwithstanding any increased interest in the discoverability of social media evidence, the rules in place may serve to render the information discovered ultimately useless later in the litigation. More at Internet Cases blog.
- ICANN approved .xxx. India has already announced it will block .xxx. See our blog post about it here.
- Great piece on the evolution of Dutch P2P downloading by The IPKat.
- Ofer Tur-Sinai, The Endowment Effect in IP Transactions: The Case Against Debiasing. Recommended reading by Rebecca Tushnet's 43(B)log.
- YouTube and Amici Briefs in the Viacom v. YouTube Appeal in a single post.
- Righthaven, LLC v. Jama, 2011 WL 1541613 (D. Nev. April 22, 2011). Posting a 33 paragraph Las Vegas Review-Journal story was fair use, and the court granted it on summary judgment. Steve Green's writeup of this opinion.
- Rebecca Tushnet, Running the Gamut from A to B: Federal Trademark and False Advertising Law, 159 U. Penn. L. Rev. 1305 (2011).
- USPTO study: "Trademark Litigation Tactics and Federal Government Services to Protect Trademarks and Prevent Counterfeiting."