TRADEMARK NEWS
Apple Gears Up for Cisco 'iPhone' Fight
"In the nascent trademark battle over the name 'iPhone,' Apple has countered Cisco's lawsuit by claiming that the term could be considered generic, and would not confuse customers."
By Elizabeth Millard
NewsFactor.com
Red Raider Outfitter Calls Judge's Ruling an Attack on College Town Businesses, Promises Appeal
"The judge ruled that Red Raider Outfitter's use of scarlet and black and a cowboy cartoon character -- something dozens if not hundreds of Lubbock-area businesses proudly do -- infringed on the University's trademark."
MarketWire.com
Florida Nightclubs Says Paris Hilton Fired
The nightclub's owner would like to keep the trademark but change what it represents.
FindLaw.com
Limited TRO Granted Against Infringing Gripe Site On Trademark, ACPA And Defamation Claims
"The court concluded that the use of the trademark terms as a 'keywords' in the Google Adwords program constituted a 'use in commerce' under the Lanham Act, and that the defendant used the terms in a manner likely to confuse consumers or deceive the public."
Thelen Reid Brown Raysman & Steiner
Technology Law Update
Brownraysman.typepad.com
Audi AG v. D'Amato
Audi sued D'Amato claiming that his use of the domain name audisport.com to sell goods and merchandise displaying Audi's trademarks infringes its marks and violates the AntiCybersquatting Consumer Protection Act.
U.S. 6th Circuit Court of Appeals
No. 05-2359
Phillipsnizer.com
Synergistic International v. Korman
A trademark dispute over the marks "The Glass Doctor" and "The Windshield Doctor."
U.S. 4th Circuit Court of Appeals
No. 05-2295
Gehrke and Associates
Gehrkelaw.com
COPYRIGHT NEWS
Apple Teases Fans with "Lovely Rita" - but no Beatles on iTunes
"Apple Inc.'s consumer electronics are getting better all the time, but the company is apparently getting little help from its friends in England."
By Rachel Konrad
Associated Press
FindLaw.com
Judge Rules Against Microsoft Infringer
"Although an alleged infringer claims he did not know he was buying and selling counterfeit Microsoft software, a federal judge has found him liable for copyright and trademark infringement and entered an $800,000 judgment in the company's favor."
By Deborah Nathan, Esq.
Andrews Publications Staff Writer
FindLaw.com
Hendrix Estate Wins Effort to Halt Sale of Star's Songs
"A company that anonymously bid $15 million last month for the rights to rock legend Jimi Hendrix's songs could end up in a 'purple haze' of regret as a result of litigation surrounding the sale."
By Beth Bar
New York Law Journal
Law.com
'Lord of the Rings' Director Jackson Says He Lost Rights to Make 'The Hobbit'
"New Zealand director Peter Jackson, who scored worldwide success with his 'Lord of the Rings' trilogy, said Tuesday he will not be making the movie based on J.R.R. Tolkien's novel 'The Hobbit' or a planned prequel." English.Pravda.ru
Is Your Blog Exposing You to Legal Liability?
The growth of "blogs" continues to grow, "but as usually is the case with such rapid adoption of technology and communication ability, there is the potential for legal liability."
Lawrence Savell
Law.com
No CAN-SPAM Liability "At The Drop Of A Hat"
"Inaccuracies in the header information in a series of commercial e-mails did not violate the federal CAN-SPAM Act prohibition against materially false or misleading header information, where the e-mails as a whole were 'replete with' accurate information concerning the sender of the e-mails."
Thelen Reid Brown Raysman & Steiner
Technology Law Update
Brownraysman.typepad.com
Do Web Sites Need to Be Accessible to the Blind?
"An advocacy group has sued Target Corp., claiming that Target's Web site is incompatible with software used by the blind and that such incompatibility is a violation of the Americans with Disabilities Act (ADA)."
By Carla J. Rozycki and David K. Haase
Law.com
Attorney's Dubious E-mail Address And Blank Subject Line Justifies Party's Failure To Timely Respond To Electronically Served Document Request
"A party's deletion of an e-mailed discovery demand constituted excusable neglect that would justify an extension of time to respond to the discovery request when the sender's e-mail address failed to identify the attorney and the subject line was blank and did not reference the litigation or nature of the email ..."
Thelen Reid Brown Raysman & Steiner
Technology Law Update
Brownraysman.typepad.com
Law Students Emphasize Child Rearing, But Are Firms Listening?
Law students "mindful of the realities of working in the legal profession, are taking advantage of the perks of academia."
By Petra Pasternak
The Recorder
Law.com
The Real World According to Summer Associates
Interns and summer associates may appreciate the pampering but want to know what life will be like once they sign on as a permanent associate.
By Tamara Loomis
The American Lawyer
Law.com
Web Sites Not Deemed Liable For Content Posted By Others
"Web site providers can take a deep breath - the California Supreme Court has ruled that they are not legally responsible for content posted by third-parties on their sites."
By Eric Sinrod,
FindLaw.com
Could SOX Fall?
"Free Enterprise Fund's constitutional challenge might invalidate the act, tossing SOX debate back to Congress"
By Alexia Garamfalvi
Legal Times
Law.com
