Monthly Archives: August 2013

The Madrid Protocol: Passage to India Now Open

india

We previously reported that India was scheduled to become the 90th member of the Madrid Protocol Concerning the International Registration of Trademarks (the “Protocol”).  We noted that this was a gratifying prospect, since India’s National Trademark Office is notoriously overburdened and slow-moving.  Under the Protocol, a country is typically required to examine a registration request within 12-18 months.  If the country does not raise any objections within this period,… More

Setting the Record Straight on the DMCA: UK Blogger Censored by Questionable Use of US Copyright Law

Straight Pride

The  Digital Millennium Copyright Act (DMCA) is sometimes criticized for creating more problems than it solves. Section 512 of the DMCA  provides a mechanism for copyright owners to demand that Internet Service Providers (ISPs) remove unauthorized copies of their copyrighted works from the internet.  If the ISP complies with the demand, it is immune from any future award of damages for direct or contributory copyright infringement.… More

Protect Your Brands in the New Domain Name Regime: The Trademark Clearinghouse Is Open for Business

ICANN

New generic top-level domain names (gTLDs) such as .fun, .law, and .money have been in the works for a very long time, and the first batch may be just around the corner.  ICANN recently published a “hypothetical” timeline that pins the first top-level domain delegation date (the date the gTLD becomes active) as September 5, 2013.  Whether this date is ICANN’s wishful thinking or not,… More

Say Good Bye to Boston Cream Thigh: Caballero Video Gives Up “Ben & Cherry’s XXX Ice Cream” Franchise

Ben & Jerry's - August 1

It turns out that the folks at Caballero Video were gentlemen after all, at least from Ben & Jerry’s perspective.   Last September, the ice cream maker brought a trademark action in the Southern District of New York to put a stop to Caballero’s “Ben & Cherry’s XXX Ice Cream” line of pornographic videos.  Caballero consented to preliminary injunctive relief during the pendency of the action. … More