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The Tabberone™ Archives
These articles concern what we consider major trademark and copyright issues. They are usually reproduced with the original source referenced. Bear in mind, these articles are copyrighted and commercial use without permission of the authors may be considered infringement. The intended use here is educational, commentary and non-commercial. The reason they are reproduced in the Tabberone™ Archives, as opposed to just providing a link, is because links disappear and pages are removed. That presents a messy confirmation process that is annoying to the browser (you) but also presents a credibility issue. We do not claim any rights in these pieces. Do not regard the absence of a copyright statement or © to mean the article is not copyrighted. Some sites do not have a copyright statement.

When an article or a comment is posted on the internet by the copyright owner, the owner is seeking a world-wide, 24/7 audience; sometimes for a limited amount of time, sometimes indefinitely. In essence, an internet posting intentionally relinquishes one's copyright for exclusivity because the owner has posted it on the internet to been seen by everyone, everywhere. The Tabberone™ Archives non-commercial duplication of the posting is simply a continuance of the original wishes of the copyright owner. We post these articles for reference, for commentary and for confirmarion of our position.

Archived Articles on Trademark and Copyright Infringement
Listed by Subject Matter

Last Updated January 16, 2010

We do not agree with all of the opinions or conclusions stated in these articles. We only present articles that we consider to be well-argued and factually supported and that are relevant. These articles are arranged alphabetically by subject matter so there will be some duplication when an article covers more than one subject. For many of these same articles arranged alphabetically click here.

See the Federal Court Cases page for more information.

Autodesk


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Business Software Alliance ("BSA")


~       ~       C       ~       ~

Cease & Desist

Confusion (Trademark)

Copyright Registration

Copyrightability

Copyright Misuse


~       ~       D       ~       ~

Derivative

Digital Millennium Copyright Act ("DMCA")

Dilution (Trademark)

Disclaimers


~       ~       E       ~       ~

eBay

Ed Hardy

Embroidery Software Protection Coalition (ESPC)

  • Anonymity Preserved for Online Embroidery Fans, press release by the Electronic Frontier Foundation (EFF) who blocked ESPC's attempt to learn the identities of bloggers who dared to criticize the almighty ESPC. September 14th, 2006.
  • Embroidering On a Copyright Shakedown Theme, by Ed Foster on his GripLog, a highly critical analysis of the tactics of the ESPC and their claims. September 11, 2006.
  • Embroidery Copyright ~ Buyer's . . . liable or not?, from a FreeAdvice.com discussion board. The original question is accompanied with excerpts from the first, and most comprehensive, reply. It reiterates the facts about which the ESPC commonly lies. September 24, 2005.
  • The No Electronic Theft ("NET") Act, from the Department of Justice web site, http://www.usdoj.gov. This page is referenced and linked to by the ESPC on its web site as explaining copyrights. The DOJ page is unreadable. It is readable here but the question still remains: what does this have to do with someone innocently buying software? Disinformation.
  • Woman Threatened With Lawsuit Over...Embroidery?, by WIBW reporter Brian Quick. Short piece about a typical ESPC victim. March 13, 2008

End User Licensing Agreement ("EULA")


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Fair Use

First Sale Doctrine


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Generic Trademark

Girl Scouts

Gray Market Goods


~       ~       I       ~       ~

Initial Interest Cofusion

Inspiration


~       ~       J       ~       ~

Jurisdiction


~       ~       L       ~       ~

Laurel Burch

Licensed Fabrics

Licensing


~       ~       M       ~       ~

Major League Baseball

Material Difference

  • Alteration Issues By Donald M. Gindy, 2002 article about the First Sale Doctrine as applied to trademarks. Appears to be quite biased towards the corporate lawyer view of trademarks and copyrights but has some good references.

McAfeee

  • Stop arguing over Symantecs, November 24, 1997,
    IT CAME AS no shock to the antivirus world when Symantec sued McAfee in April 1997 for alleged copyright infringement. Industry watchers didn't pay much heed because ... well, because those two vendors fight all the time. Just another chapter in the Hatfield-McCoy saga, everyone thought.
  • Public's Ability to Criticize Product at Issue, February 2, 2002,
    Attorney General Spitzer (NT State) announced that the State has filed a lawsuit against computer software developer Network Associates that seeks to put an end to speech restrictions that the company has placed on its software users.
  • NY challenges McAfee covenants, February 7, 2002,
    New York state has sued [PDF file] the maker of McAfee antivirus software alleging it is restricting free speech by barring customers from publishing product reviews without its consent, Attorney General Eliot Spitzer announced Thursday.
  • McAfee's Trojan horse error gets developer's goat, September 10, 2004,
    An Australian software developer was considering suing McAfee after the antivirus company wrongly identified his Internet setup program as a Trojan horse in a virus definition update.
  • McAfee sleazes out again, May 28, 2005,
    McAfee got nailed in a class-action lawsuit for failing to live up to promises made on software they had sold. People lhad bought VirusScan version 4 (and 3) which came with the promise that McAfee would provide free virus signature updates.
  • SEC Sues McAfee, Inc. For Accounting Fraud, January 4, 2006,
    The Commission's complaint alleges that from the second quarter of 1998 through 2000, McAfee misled investors when it engaged in a fraudulent scheme to overstate its revenue and earnings by hundreds of millions of dollars in violation of the federal securities laws. "MCAFEE AGREES TO SETTLE AND PAY A $50 MILLION PENALTY". Guilty as charged? Sounds like it.
  • Security Company McAfee Loses Employee Data, February 27, 2006,
    Software security company McAfee touts itself as "[leading] the world in discovering, documenting, and addressing breaking threats and vulnerabilities." But now the company may be looking into increased security protection for itself, thanks to the loss of data on several thousand of its employees.
  • Former McAfee exec to settle SEC charges, October 31, 2006,
    Former senior executive of McAfee agreed to pay around $757,000 to settle charges that he played a role in the company's alleged $622 million accounting fraud. Guilty as charged? Sounds like it.
  • Ex-McAfee lawyer pleads not guilty, March 1, 2007,
    McAfee Inc.'s former top lawyer pleaded not guilty in federal court to charges of stock options tampering in an alleged attempt to enrich himself at the expense of the computer security software maker's shareholders. Guilty as charged? based upon the guilty pleas, it sure sounds like it.
  • Former McAfee CFO convicted of securities fraud, May 11, 2007,
    Former chief financial officer of McAfee Inc. Prabhat Goyal, 52, of Los Altos, was convicted by a federal jury in San Francisco of 15 counts related to securities fraud.
  • McAfee settles lawsuit for $14 million, December 27, 2007,
    McAfee announced it had budgeted $13.8 million to cover the settlement of lawsuits filed in 2006 related to the backdating scandal - a term used when executives alter the grant date of stock options so that they can be purchased at a lower price and subsequently sold for higher gain.
  • Mcafee Software Is Useless And Tech Support Run By Robots, July 11, 2008,
    Renewed McAfee software in March. Started getting messages that computer "was not protected." So far used the online technician 5 times, been on their so-called "chat" assistance 3 times, uninstalled and re-downloaded 2 times.
  • Lawsuit of the Day: McAfee Sues WilmerHale for Alleged Overbilling, July 22, 2008,
    McAfee embroiled with Wilmer, Cutler, Pickering, Hale and Dorr over $12 million in legal fees incurred in the trial of former McAfee Chief Financial Officer Prabhat Goyal. The company accused WilmerHale of fraud, theft, negligence and breach of fiduciary duty.
  • McAfee Sues WilmerHale Over $12 Million in Legal Fees, July 22, 2008,
    Anti-virus software maker McAfee Inc. has set its sights on a new kind of bug: alleged overbilling.
  • Judge to Dismiss McAfee Overbilling Suit Against Wilmer Cutler, July 28, 2008,
    A judge said he will dismiss McAfee Inc.'s lawsuit against Wilmer, Cutler, Pickering, Hale and Dorr over alleged overbilling, but the anti-virus software maker's fee fights are far from finished.
  • 7Search Sues McAfee For Red Flagging, August 25, 2008,
    In this lawsuit, 7Search said that it was in the toolbar business but stopped offering downloads from its site in 2003. However, McAfee's SiteAdviser gave 7Search the big red X and says "Feedback from credible users suggests that downloads on this site may contain what some people would consider adware, spyware, or other potentially unwanted programs."


~       ~       N       ~       ~

Notice Of Claimed Infringement ("NOCI")


~       ~       O       ~       ~

Oklahoma Schools Craft Fair Fiasco
  • Women face inquiry in confiscation of OU, OSU crafts, Associated Press, Tulsa World, October 31, 2007. Representatives from the University of Oklahoma and Oklahoma State University face larceny of merchandise complaints following one of the country's largest arts and crafts shows where OU and OSU-themed merchandise was confiscated.
  • Prosecutors might charge OU and OSU university officials after craft show incident, Associated Press, Tulsa World, November 9, 2007. Prosecutors still are considering whether to file theft charges against representatives from the University of Oklahoma and Oklahoma State University who seized college-themed merchandise from several vendors at an Oklahoma City crafts show.
  • Vendors won't be charged, DA says, Associated Press, News OK, November 9, 2007. The Oklahoma County district attorney's office does not intend to prosecute vendors who allegedly infringed the University of Oklahoma and Oklahoma State University trademarks by selling college-themed merchandise at An Affair of the Heart, Assistant District Attorney Scott Rowland said this week.
  • Universities strive to protect brand, Associated Press, Daily Oklahoman, November 17, 2007. The weekend of Oct. 26-28, more than 15 vendors filed complaints of theft against Suzanne Staley, OU's director of brand development, and Judy Barnard, OSU's director of brand development, after the two women allegedly went through the event and seized merchandise that contained any reference to their respective universities, accompanied by an off-duty officer from another jurisdiction. This article sounds like a puff piece dictated by the universities.
  • 'Affair of Heart' hopes not to repeat university trademark infringements fiasco, Associated Press, Tulsa World, February 8, 2008. Organizers of a popular craft show said Friday that they hope to avoid a repeat of a previous show when representatives from the University of Oklahoma and Oklahoma State University seized merchandise that bore licensed school trademarks.


~       ~       P       ~       ~

Parallel Imports

Parody

  • A lengthy American Bar Association report Committee #304 Report from 1996-1997, presents some interesting ABA views as to the trademark and copyright laws such as "fair use", "framing", and "useful articles".
  • "HOG" Generic for Large Motorcycle, article by Peter S. Sloane for Ostrolenk, Faber, Gerb & Soffen, LLP.
  • Mattel Loses Again, Yahoo! News, Wednesday, December 31, 2003, By David Kravets, Associated Press, Tuesday December 30,12:28 AM ET.

Patterns

Purina

  • Ciao, Chow, Baby, a Balitmore Sun article, May 2, 2008. The popular Hampden pet supply shop Chow, Baby! will no longer be called Chow, Baby! because that word -- CHOW -- belongs to Purina, or so the dog food company asserts.
  • Purina Marks Its Territory Legal Blog Watch, May 2, 2008. Pet food giant Purina is like a dog that won't give up its bone -- or in this case, its chow.
  • Purina vs. "Chow, Baby", Overlawyered.com, May 7, 2008. Three years ago, Purina sent a cease-and-desist letter to Chow, Baby!


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Software Is Sold, Not Licensed


~       ~       T       ~       ~

Tabberone

Trademark Abuse

Trademark Litigation


~       ~       U       ~       ~

Uniform Commercial Code ("UCC")


~       ~       V       ~       ~

Verified Rights Owner Program ("VeRO Program") More articles as they are found.

General
Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions

Corporate Lawyers
Cartoons | Code Of Ethics | Courtroom Remarks | Definition Of A Lie | Jokes | Lawyers | Lying | Who Have Lied

eBay - Land The Game

Definitions

Trademark Definitions
Blurring   |   Confusion   |   Damages   |   Dilution   |   History   |   Initial Interest Confusion   |   Likelihood Of Confusion   |   Material Difference Standard
Parallel Imports   |   Post-sale Confusion   |   Puffery   |   Secondary Meaning   |   Subsequent Confusion   |   Trademark Abuse
Unauthorized Use   |   Unfair Competition   |   What is a Trademark?
Copyright Definitions
Angel Policies   |   Contributory Infringement   |   Copyrightability   |   Copyright Extortion   |   Copyright Misuse Doctrine   |   Derivative   |   The Digital Millennium Copyright Act
EULA   |   Fair Use   |   First Sale Doctrine   |   Product Description   |   Registration   |   Registration Denied   |   What is a Copyright?   |   What is not Copyrightable?
Other Issues
Embroidery Designs   |   FAQs & Whines   |   Image and Text Theft   |   Licensed Fabric   |   Licensing & Licenses   |   Patterns   |   Patterns Index   |   Profit   |   Quilting
Selvage   |   Stanford School of Law Case Outline   |   Tabberone Disclaimer   |   Trademark Extortion   |   Urban Myths   |   What To Do If You Are Veroed

Federal Court Cases
Alphabetically | by Federal Circuit | by Subject | by Court Quotations

Federal Statutes
Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22

Federal Lawsuits
Filing A Federal Lawsuit
Setting Up | Standing. | Joinder of Parties. | The Complaint | Their Answer | Default Judgment
F.R.C.P. 12(b) Motion | F.R.C.P. 12(f) Motion | Your Reply | Summary Judgment Motion | Affidavits | Time Extension

Defending Against A Federal Lawsuit
The Complaint | Your Answer | Denials | F.R.C.P. 12(b) Motion | F.R.C.P. 12(f) Motion | Affidavits | Time Extension

VeRO (Verified Right's Owner Program)
VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter
Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed

Original material by Karen Dudnikov & Michael Meadors is © 1999-2016

A Cup Of Joe For A Joe
by Green Beans Coffee Company
Karen and Mike, also known to you as Tabberone, have been actively participating in various troop support programs for a number of years. An important one we have discovered and supported is one run by the Green Beans Coffee Company of Larkspur, California. The Green Beans Coffee Company runs coffee houses in Iraq and Afghanistan, the Middle East and at other US military bases around the world. Your donations are converted into email chits that are randomly given to military personal who are based near these coffee houses. You are then sent an email by Green Beans Coffee telling at what location your donation(s) was distributed. The military recipient of your donation is also given the opportunity to email you a thank you with a message, which many of them do.

Modern military deployment has changed very much since WWII, Korea and Vietnam. Back then there was no internet or cell phones. A soldier very rarely could call home or even go home on leave. But modern deployment does not alter the dangers they face. Green Beans Coffee is one of the little pleasures they can enjoy. Any donation makes a service man or service woman smile. We contribute every month.

More information is available at http://www.greenbeanscoffee.com/coj/index.php
We rarely link to other sites. It is a really good cause.