The Federal Trade Commission recently finalized changes to its investigative procedures. The changes are intended to streamline a process that has, in recent years, become increasingly lengthy and unwieldy. The driving force behind the changes, which will become effective November 9, 2012, is the ever-increasing pace of technology, in particular its effect on the amount of electronic data that a respondent must comb through when it finds itself the target of a Commission investigation.… More
Monthly Archives: September 2012
Porn Parody or Infringing Pun? Ben & Jerry’s Brings Trademark Action Against “Porno’s Finest,” Ben & Cherry’s
Last week, Ben & Jerry’s Homemade Ice Cream brought a trademark action in the Southern District of New York to put a stop to its naughty doppelganger, “Ben & Cherry’s XXX Ice Cream.” Distributed by Caballero Video, Ben & Cherry’s is a series of pornographic films with ice cream-themed titles such as “Boston Cream Thigh,” “Hairy Garcia” and “New York Super Fat and Chunky.”… More
In a long-awaited decision, the Second Circuit, in a surprising twist, ordered that high-end shoe designer Christian Louboutin’s trademark registration for his signature red, lacquered outsoles be limited to designs in which such outsoles contrast in color with an adjoining upper.
If It’s Not Copying, It’s Not Copyright Infringement: Why the Seventh Circuit Overturned an Injunction Against myVidster.com
This past week, myVidster.Com was hijacked by Dutch cyber-pirates, and the owners were really happy when it came back on line Friday. This is because, putting aside the hijacking, August was a pretty good month for myVidster.Com, thanks in large part to 7th Circuit Court of Appeals Justice Richard Posner.
MyVidster.com is the latest social media site to become the latest social media site.… More