Trademarks / Trade Secrets
Articles and Resources
Date Fairness.com Resource Read it at: Jan 18, 2011 In Knotty State Secrets Case, Justices Ponder Telling Litigants to ‘Go Away’
QUOTE: The contractors sued, asking to keep the money and seeking $1.2 billion more. They said their work had been frustrated by the government’s failure to share classified technology. The government disputed that, but would not explain why, invoking the state secrets privilege.
New York Times Jan 15, 2011 Renault Fires 2 Men Accused of Selling Corporate Secrets About Electric Vehicles
QUOTE: Renault has formally fired two of the men it has accused of espionage....While French officials have confirmed on background that investigators are following a lead related to China...
New York Times Apr 30, 2010 Chinese Rules Said to Threaten Proprietary Information
QUOTE: China is expected to issue regulations on Saturday requiring technology companies to disclose proprietary information like data-encryption keys and underlying software code to sell a range of security-related digital technology products to government agencies...
New York Times Apr 30, 2010 Google Gets Favorable Ruling In Rosetta Stone Case: Rosetta Stone loses case against Google
QUOTE: ...Rosetta Stone alleged that Google allowed third parties including individuals involved in software piracy to purchase the right to use Rosetta Stone trademarks or other terms confusingly similar in Google's Adwords advertising program.
WebProNews Feb 17, 2010 Google's Annual Rev. From Typosquatting Put At $497m: Search giant criticized over "ill-gotten" traffic, money
QUOTE: "Google's payments put the system in motion; squatters register domains exactly in anticipation of getting paid by Google."
WebProNews Nov 16, 2009 Inventing a Better Patent System
QUOTE: The quality of American patents has been deteriorating for years; they are increasingly issued for products and processes that are not truly innovative...
New York Times Sep 02, 2009 $32M Louis Vuitton judgment shows limits of ISP safe harbors
QUOTE: The luxury goods maker [Louis Vuitton] won $32 million from two ISPs and the man who ran them after proving to a jury that the ISPs had full knowledge that they hosted mainly websites for counterfeit goods—and refused to take action.
Ars Technica Jul 15, 2009 Retailer Knockoffs Abound in India
QUOTE: as brands look to India as one of the few opportunities for growth in an anemic global market, foreign companies and governments alike are protesting the country’s lack of intellectual property protections...
New York Times Jul 14, 2009 Brokering Peace Between Brand Owners and Domainers (Bits)
QUOTE: the proposal [in the Icann meeting] by a group of intellectual property lawyers about how to handle domains with trademarks — there was at least one agreement from nearly all sides: The current approach, which is based on an arbitration proceeding, is broken.
New York Times Jul 07, 2009 Is Cybersquatting Against the Law? When is it OK to buy up an expired domain name? (Explainer)
QUOTE: Cybersquatting, the practice of buying up a domain in order to profit from a trademarked name, is prohibited under the 1999 Anticybersquatting Consumer Protection Act... The First Amendment makes it legal to grab even a famous person's domain name in some situations:...
Slate Jun 25, 2009 Registrars under fire in domain disputes: Are domain registrars making money from cybersquatters at the expense of legitimate brands? If so, why isn't ICANN stopping it?
QUOTE: [Sarah] Deutsche says that all of the companies Verizon has sued for cybersquatting are domain-name registrars that have been accredited by the Internet Corporation for Assigned Names and Numbers...
Computerworld May 08, 2008 Ex-Patriots Assistant Sends the N.F.L. Eight Tapes
QUOTE: agreement reached last month between lawyers for the N.F.L. and Walsh. The agreement indemnifies Walsh from all future legal fees. Walsh’s tapes show that the Patriots recorded the signals of offensive and defensive coaches in regular-season games...
New York Times Feb 25, 2008 Pirates of the Third Screen: Why treating customer marketers like thieves could turn them into an angry mob
QUOTE: Last month's online scrap between Scrabble trademark owners Hasbro and Mattel, and the makers of Scrabulous, an unauthorized online version of Scrabble, has some implications for the future of mobile marketing. As far as Hasbro and Mattel were concerned, Scrabulous was a simple case of piracy. But what they saw as a threat should have been a triple-word score. Someone else had created a digital version of Scrabble, and amassed 2.3 million people who played it every day. It was an amazing user-generated ad campaign. All Hasbro and Mattel had to do was swoop in with their checkbooks and make it legit. Instead, they fired their self-proclaimed agency, an army of passionate Scrabble fans.
AdWeek Feb 05, 2008 Dell suit reveals lucrative trade in domain names
QUOTE: Dell has accused the typosquatter defendants in its lawsuit of typosquatting and domain tasting and is claiming their profits as well as $100,000 per infringing domain used
InfoWorld Aug 09, 2007 Johnson & Johnson Sues Red Cross Over Symbol
QUOTE: The dispute over rights to the symbol erupted to the surface yesterday in federal court in Manhattan, where J.& J. sued the American Red Cross.
New York Times Apr 09, 2007 Chinese Fakes: Tough to Police: The country is being told to crack down on piracy of products and intellectual property, but the problem is a global one that will be tough to stamp out
QUOTE: Chinese authorities have made honest efforts in recent years to improve enforcement ... But counterfeiters are growing more sophisticated about how they manufacture and distribute knockoffs, especially exploiting extensive global supply networks. There's also evidence that as China clamps down, production of the knockoffs is shifting to India and Russia.
BusinessWeek Feb 14, 2007 Flood of knockoff merchandise triggers a wider crackdown across US: Local law enforcement is now making 'counterfeit chic' seizures, but should taxpayers pay to protect corporate bottom lines?
QUOTE: Everyone agrees that trade in "counterfeit chic" has exploded over the past five years, expanding to include many more products and flooding the US market. Not everyone is united, though, on what to do about it. Manufacturers want an even more aggressive attack on patent and copyright violators, citing billions of dollars in lost sales. Others, however, suggest such crackdowns can go too far, impeding free enterprise, crimping artistic license, and even devoting too many taxpayer dollars to protecting the market position of corporations.
Christian Science Monitor Feb 09, 2007 Research-Result Battle Now Pits PR 'Pit Bull' Against Barbie Blenders
QUOTE: At issue is a movement spearheaded by patient advocates and others who say they should not have to buy subscriptions to expensive scientific journals to read the results of research they paid for with their taxes. These "public access" advocates want government rules to require that the results of federally funded research be posted on the Internet within six or 12 months after they are published.
Washington Post Jan 11, 2007 Firms Fret as Office E-Mail Jumps Security Walls
QUOTE: A growing number of Internet-literate workers are forwarding their office e-mail to free Web-accessible personal accounts offered by Google, Yahoo and other companies. Their employers, who envision corporate secrets leaking through the back door of otherwise well-protected computer networks, are not pleased.
New York Times Oct 24, 2006 Imagining Google As Government: In the latest edition of speculation and hyperbole over the search advertising company and its impact on society, we consider the prospect of one nation, under a big G
QUOTE: Rescuecom believes that as advertising on the Internet is a two-way communication, typically initiated by the consumer who types a search term into their computer, it is reasonable for the consumer to expect that if they type in a specific trademark, they find that trademark....Instead of paying off settlements to end lawsuits, Google fights those suits, with each victory bringing one more bit of case law, one more scrap of precedent, to their favor.
WebProNews Mar 23, 2006 Christian group backs off case against blog parody
QUOTE: Exodus International initially claimed the altered image of one of its billboards by Justin Watt infringed its copyright...debate over fair use of copyrighted material beyond print and electronic media and to blogs...
USA TODAY Jan 26, 2006 News Analysis: In Case About Google's Secrets, Yours Are Safe
QUOTE: The Justice Department went to court last week to try to force Google, by far the world's largest Internet search engine, to turn over an entire week's worth of searches...But the case itself, according to people involved in it and scholars who are following it, has almost nothing to do with privacy. It will turn, instead, on serious but relatively routine questions about trade secrets and civil procedure.
New York Times Jan 21, 2006 Plan to Require More Data on Safety Issues
QUOTE: The Food and Drug Administration will soon propose guidelines intended to make annual safety reports filed by medical device makers more complete and more accessible to the public...
New York Times Jul 12, 2005 Tapping Into Tinkering: Some Makers of Electronics Benefit From Users' Modifications
QUOTE: Roomba's creator, iRobot Corp., is such a believer in letting programmers play with the appliance that it has said it might release tools to facilitate reprogramming. But....At worst, hackers can undermine a company's business.
Washington Post Jul 09, 2005 Google Squashes 'Typosquatting'
QUOTE: An internet arbitrator has awarded Google the rights to several website addresses that relied on typographical errors to exploit the online search engine's popularity so computer viruses and other malicious software could be unleashed on unsuspecting visitors.
Wired Feb 16, 2005 Are Bullies After Our Culture?
QUOTE: Should the Girl Scouts have to fork over a fee to the American Society of Composers, Authors and Publishers every time its young members want to sing "Happy Birthday" to one another?
Wired Jan 14, 2005 Teen Web Editor Drives Apple to Court Action: Product Leaks Draw Suit
QUOTE: ...scored yet another scoop...the computer maker filed a lawsuit accusing him of illegally misappropriating trade secrets.
Washington Post Jan 10, 2005 Apple suit tests First Amendment
QUOTE: Apple's suit is part of a disturbing trend in which businesses and government are suing media outlets to uncover leaks.
News.com Dec 14, 2004 Geico Wants To Restrict Google Ads: Company Criticizes Link to Searches
QUOTE: Geico Corp. yesterday urged a federal judge in Alexandria to issue an injunction prohibiting Internet giant Google Inc. from selling ads based on searches using the Washington insurance giant's name...
Washington Post Nov 16, 2002 Visa Suit: Dictionary Discredited
QUOTE: Domain disputes are a dime a dozen, but legal experts say Visa's recent win over a one-man website is the first time a corporate trademark has prevailed over a word in the dictionary.
Wired Sep 14, 2002 Letter by Jeb Bush In Trademark Fight Followed Donation
QUOTE: Two weeks after a Miami-based liquor manufacturer gave the Florida Republican Party $50,000, Florida Gov. Jeb Bush (R) wrote a letter to a political appointee of his brother...
Washington Post Jul 12, 2002 Judge: See Ya Later, Gator
QUOTE: Update: A federal judge on Friday ordered software company Gator to temporarily stop displaying pop-up advertising over Web publishers' pages without their permission.
CNET Aug 20, 2001 IAB Lawyers to Recommend Action Against Gator.com
QUOTE: ...Gator.com now is planning to go still further: an upcoming version will enable advertisers to purchase ads literally on top of banners embedded into a Web site.
InternetNews May 18, 2001 Cyber Law Journal: Hacker Gadfly At Center of New Suit
QUOTE: ...Corley argues that his use of the anti-GM domain name and his pointing it at the Ford site is a new form of humor, a "hyperlink joke"....[Ford] filed suit late last month, claiming that Corley infringed and diluted or tarnished its "Ford" trademark.
New York Times May 15, 2001 Teachers Expelled In Test Scandal Deserve No Pity
QUOTE: ...somehow flipped our notions of child and adult responsibility. We hold kids to inflexible and idiotic zero tolerance rules...while we let grown-ups off easy for making a "mistake."
Washington Post May 11, 2001 Cyber Law Journal: Does a Parody Site Go Too Far?
QUOTE: "People Eating Tasty Animals"....a subversive swipe at the animal rights group People for the Ethical Treatment of Animals, widely known as PETA....may a domain name [peta.org] that uses someone else's trademark be considered part of the joke?
New York Times May 01, 2001 Cease and Desist
QUOTE: ...few lawyers or their clients have learned that managing their legal rights in a networked world sometimes requires more diplomacy than they're accustomed to using. The legal strategy that works so well on a hard-knuckled competitor may have unintended consequences when used against an unknown Web-site operator. Bret is an intellectual property and Internet attorney, and a partner with Hancock, Rothert & Bunshoft. You can reach him at firstname.lastname@example.org.
Webtechniques Mar 21, 2001 Licensed to Link
ABSTRACT: Buyer Beware: With Linking Comes Liability
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