Monthly Archives: November 2013

WordPress Brings Copyright Claims on Behalf of Bloggers for DMCA Misrepresentation

Straight Pride

A few months ago, we reported on the disabled blog of Oliver Hotham, a student in the UK whose reporting on an anti-gay rights group was censored by what appeared to be a politically-motivated takedown notice issued by that same group, “Straight Pride UK.”  We suggested that WordPress, the host of Hotham’s blog, had not been legally obliged to take down the material,… More

After Long Battle, Google Books Ruled “Fair Use”

Google BooksWhen last we looked in on the Google Books dispute, the Second Circuit had overturned class certification in the suit, brought by the Authors Guild and multiple individual authors, on the basis that the District Court first should have resolved Google’s fair use defense, which could moot the class certification issue.  Last week Judge Denny Chin, still presiding over the Google Books dispute by designation,… More

Painting on a Borrowed Canvas: When Property Rights Collide with Art (Updated 12/18/2013)

5Pointz

 While most artists take pride in creating and protecting their works, many graffiti artists remain necessarily (sometimes famously) anonymous, since their art may also constitute criminal vandalism.  In contrast to the classic image of the beleaguered shopkeeper scrubbing daily at illicit tags, however, some property owners condone and even patronize the aerosol artists who adorn their facades.  In that situation, the lack of a formal,… More

Summary Judgment Denied in Trademark Dispute over “National Association for the Abortion of Colored People”

naacp

Anti-abortion activist Ryan Bomberger of The Radiance Foundation thought  he had an unassailable First Amendment defense.  After all, his use of the phrase “National Association for the Abortion of Colored People,” in order to criticize the National Association for the Advancement of Colored People (NAACP), was in the context an on-line political dispute over abortion.  So when the NAACP threatened suit,… More

Naming Your Sales Division “Replica Products” Is Never A Good Idea or How Not To Facilitate Counterfeiters

Trade-Key1

Here’s some advice for online marketplaces giving sellers a platform to hawk their wares:

  • Do not name any of your sales divisions “Replica Products” or “Replica Retention.”
  • Do not let your employees tell sellers that marketing counterfeit luxury goods will not be a problem.  (It will be.)
  • Do not let your employees tout replica sales as “one of the businesses that we rely on to get us a whole lot of revenue.”
  • Do not enlist your employees to develop keywords to drive potential buyers to sellers of counterfeit products.…
  • More

Lies and the Lying Liars who Register Copyrights: Seventh Circuit Provides Guidance on “Curious” Copyright Invalidation Procedure

Medicate Pharmacy

According to the Seventh Circuit in Delivermed Holdings LLC v. Schaltenbrand, plaintiff Mark Swift lied to the Copyright Office, rerouted customer calls to his cell phone in order to sabotage his business partners, exploited the business for personal gain and engaged in questionable litigation tactics.  But Swift won his appeal anyway because the District Court skipped a critical step before invalidating his copyright registration. … More