Articles on Trademark and Copyright Infringement

A Design for the Copyright of Fashion by Jennifer Menckin, December 12, 1997, arguments about whether clothing designs should be copyrightable. Lenghty biased disertation favoring clothes being copyrightable which they are not presently. Alteration Issues By Donald M. Gindy, 2002 article about the First Sale Doctrine as it applies to trademarks. It is biased towards the trademark owner's point of view. American Bar Association report Committee #304 Report from 1996-1997, presents some interesting ABA views as to the trademark and copyright laws. America Online, Inc. v. AT&T Corp article by Phillip Nizer about this 2001 case. Are Unfair Takedowns Becoming EBay's Trademark? article by Ed Foster for InfoWorld. June 12, 2007. Beanie Baby Trademark Wars article by Eric J. Sinrod for USA Today, October 10, 2002. Beanie Baby Trademark Wars 2 article by Phillip Nizer about this 2002 case. Calder and World-Wide and Shoe, Oh My!, an article posted on Concurring Opinions by Jaya Ramji-Nogales on February 15, 2008. It talks about the clearly-written 10th Circuit Appeals opinion, Dudnikov v. Chalk & Vermilion Fine Arts. Car-Freshner Corporation v. S.C. Johnson & Son an analysis of the 1996 decision affirming fair use of a trademark for description purposes. Companies Claim Right to Interfere with eBay Auctions for Charging Too Little. July 17, 2007. Computer Software Terms Unfair, a BBC report from February 2008 about EULAs (shrinkwrap licenses). Robert J. Morrill did a lengthy paper called Copyright Law and Parallel Imports by Paul D. Supnik, discusses Quality King Distributors, Inc. v. L'Anza Research International Supreme Court decision. Copyright Registration and Derivative Works By Jonathan Hudis and Amy C. Sullivan, 2001 article. Copyright Registration Requirements Strictly Upheld by David Roy Ellis, 2003 article. Court smacks Autodesk, affirms right to sell used software by Timothy B. Lee, published: May 23, 2008 for ars technia. Court: Sewing Patterns are Data, Not Code, August 31, 2006, Wired.com Don't Post This Cease And Desist Letter Or Else , by Greg beck, October 5, 2007. eBay Strikes Back, Sues for Frivolous DMCA Takedowns, dragged into a lawsuit, eBay relaliates. Emphasizing the Copy in Copyright, 2005 article about derivatives by Michael K. Erickson Fighting Back And Winning In Trademark-land, a MicroEnterprise Journal article about Tabberone fighting Major League Baseball over fabric from 2003. "HOG" Generic for Large Motorcycle, article by Peter S. Sloane. How the Leegin Decision Will Hurt Consumers on the Internet . July 6, 2007. Intellectual Property Abuse, eBay, and Consumers June 20, 2007. L'anza Research International Inc. v. Quality King Distributors is discussed in this edited article. Lindows Wins Over Windows, Microsoft loses a big one, By Brenda Sandburg for The Recorder, March 19, 2002. Lindows Ruling Appealed by Microsoft, Sam Costello, IDG News Service, April 3, 2002. Mattel Loses Again, Yahoo! News, Wednesday, December 31, 2003. New Kids on the Block v News America Publishing by Sam Biers, December 12, 1997, classroom outline about the classic "fair use" case. Ninth Circuit: No Cause of Action for Disparaging a Company's Trademark September 27, 2007. Not Too Precious Moment where Precious Moments lost most of what they wanted, article about the 1998 case, Enesco Corp. et al. v. Price/Costco, Inc. Parallel Imports, a lengthy article about parallel imports and the Quality King decision. Paypal (eBay) loses suit over mansatory arbitration. A federal judge in San Jose, California, ruled against Paypal (eBay) and the mandatory arbitration clause in their user agreement. September 2002. ProCD Inc. v. Zeidenberg concerns "shrinkwrap licensing agreements". Excerpted article. QUALITY KING DISTRIBUTORS, INC. v. L'ANZARESEARCH INT'L syllabus of Supreme Court Decision. Scientology: eBay E-Meter Auctions Yanked, article from Apr 28, 2000 on Slashdot.org. Scientology abuses eBay's VeRO program, article from February 18, 2008 on RealityBasedCommunity.net. Trademark Lawsuits where companies attempt to squelch dissent by falsly claiming infringement. The 7 Deadly Myths of Internet Copyright by Attorney David L. Amkraut. Stop Mucking up Copyright Law: A Federal Common Law of Contract as a Clean Exit Strategy, a 2003 paper by Llewellyn Joseph Gibbons, Associate Professor, College of Law, University of Toledo. Subliminal Copyright Infringement, a 1998 case about de minimus use in a copyright case. Standing Up To Takedown Notices, By Catherine Rampell Washington Post Staff Writer, October 19, 2007; Page D01. Article about people fighting back. Taking Pictures of Our Product Is Copyright Infringement, article from 2006 about companies falsely alleging you can't take a picture of their product to sell it. Top Ten IP cases of 2002 posted by Greenblum & Bernstein, P.L.C. of Reston, Virginia. Universal: You don't own those promotional CDs we gave you by Nate Anderson, April 09, 2008. Article about lawsuit filed by Universal to stop eBay sales of promo CDs. What Is a Derivative Work ... (continued) By David Goldberg and Robert J. Bernstein from September 19, 1996 Woods v. Bourne Co article discussing the 2nd District case that established a derivative has to be copyrightable.

Case Outline

Case Outline by the Stanford School of Law

Cease and Desist Letters & Emails received by Tabberone

From De Novo Legal, LLP (Cyber Cops), March 28, 2008 From AdorableDecor/TinyTotsNTeens, Andrea & Brandon Poole, USN, November 02, 2007 From Sykel Enterprise, through Reed Smith, LLC, February 25, 2006 From Precious Moments, October 15, 2002 From M&M/Mars, September 2001. Cease and Desist Letters defined and outlined

Commentary

Fabric Manufacturers Cheat Stores and the Public Bad Attitude By Corporate Lawyers, May 2008

Contributions

How to contribute to the fight.

Copyright Act

Copyright Articles and Information Copyright Registration and Derivative Works By Jonathan Hudis and Amy C. Sullivan, 2001 article. Copyright Registration Requirements Strictly Upheld by David Roy Ellis, 2003 article. The 7 Deadly Myths of Internet Copyright by Attorney David L. Amkraut. What Is Covered By A Copyright, from the Copyright Office What Is Not Covered By A Copyright, from the Copyright Office

Copyright Definitions in detail so you can understand them

Copyright Misuse Doctrine , an evolving defense to copyright infringment because of overreaching licensing by copyright owners.

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

Counter Notices Counter Notice Letter Counter Notice (pre-2003) Counter Notice 2003 Latest Counter Notice, 2007.

Cyber Cops In the Hall of Shame Art Impressions Licensing De Novo Legal LLC Continental Enterprises Protect Ltd Security Essentials LLC Strategic Intellectual Property Information (SIPI)

Copyrights Contributory Infringement Copyrightability Copyright Misuse Doctrine Derivative The Digital Millenium Copyright Act EULA Fair Use First Sale Doctrine Registration What is a Copyright? What is not Copyrightable?

Trademarks Blurring Confusion Dilution Initial Interest Confusion Likelihood Of Confusion Parallel Imports Puffery Secondary Meaning Subsequent Confusion Unauthorized Use Unfair Competition What is a Trademark?

Other Issues Emroidery Designs FAQs & Whines Image and Text Theft Licensed Fabric Licensing & Licenses Patterns Profit Selvage Stanford School of Law Case Outline Tabberone Disclaimer Trademark Abuse Trademark Extortion Urban Myths What To Do If You Are Veroed

Derviatives Derivative Work, What it is... (continued) By David Goldberg and Robert J. Bernstein from September 19, 1996 Definition of Derivative

Disclaimers Disclaimers with court cases supporting their use Tabberone Disclaimer, and suggested auction title format, that you can copy and use.

Digital Millenium Copyright Act ("DMCA") Digital Millenium Copyright Act - Statute, a.k.a., the "DMCA" The Digital Millenium Copyright Act, articles about What Is The DMCA?, according to Fort Hays University. "Chilling Effects"? Takedown Notices Under Section 512 of the Digital Millennium Copyright Act in pdf format, 2005 study. City of Heroes Lawsuit--New Ruling on False DMCA Takedown Notices, article by Eric Goldman, September 16, 2005. DMCA Online Safe Harbor Empirical Study by Urban and Quilter, article by Eric Goldman, November 11, 2005. Allegedly Wrong VeRO Notice of Claimed Infringement Not Actionable--Dudnikov v. MGA Entertainment, article by Eric Goldman, January 27, 2006.

Disney Enterprises Disney Lawsuit, filed by Tabberone on December 24, 2002 Disney Settlement

eBay - Land The Game™ a parody

Ebroidery Designs

Federal Court Cases of Interest First District Equine Technology v Equitechnology, 1995 Precious Moments vs La Infantil, 971 F. Supp. 66 (D.P.R. 1997) Clorox vs Proctor & Gamble, 1999 Shelby Ford v Superperformance, 2002 Second District Batlin Vs Snyder, 1976 American Footwear Corp. v. General Footwear Co. Ltd.,, 609 F.2d 655, C.A.N.Y., 1979. Home Box Office v Showtime, 832 F.2d 1311 (2nd Cir, 1987) Charles Of The Ritz Ggoup LTD v Quality King Distributors, Inc, 832 F.2d 1317 (2nd Cir, 1987) Soltex Polymer Corporation v. Fortex Industries, Inc., 832 F.2d 1325 (2nd Cir, 1987) Dial-A-Mattress v Page, 1989 Car-Freshner v S.C. Johnson, 1995 Woods Vs Bourne, 1995 Matthew Bender & Co v West Publishing,, 158 F.3d 693 (2nd Cir. 1998) Krause Vs Titleserv, 20004 Third District Step-Saver Data Sys., Inc. v. Wyse Tech 939 F.2d 91 (3d Cir. 1991) Fourth District AOL v AT&T, 1999 Fifth District Zatarains, Inc. v. Oak Grove Smokehouse, 1988 Pizza Hut v. Papa Johns, 2000 Westchester Media Co., L.P. v. PRL USA Holdings, Inc, 2000 Sixth District Bath And Body v Luzier, 1996. Rock and Roll Hall of Fame and Museum v. Gentile Productions, 1998 ETW v Jirej Publishing, 2003. Seventh District ProCD v. Matthew Zeidenberg>, 86 F.3d 1447 (7th Cir, 1996) LEE v A.R.T. Company, 125 F.3d 580 (7th Cir. 1997) Ty v. Publications International, 2002 Gracen vs Ruth Perryman, 2002 Ninth District United States vs Wise, 550 F.2d 1180 (9th Cir 1977) Job's Daughters, Inc. v. Lindeberg and Co, 1980. Mirage Editions, Inc. v. Albuquerque A.R.T. Co, 1988 New Kids v News America, 1992 Fonovisa Inc. v. Cherry Auction, 1996 Tiffany Design v Reno-Tahoe Specialty, 1999 CD Solutions v CDS Networks, 1999 Softman Products v Adobe Systems, 2001 Mattel vs BCA Records, 2002 Timothy Vernor v. Autodesk , (2008 9th Cir W. Wash) UMG Recordings vs Troy Augusto (2008 9th Cir Cent Calif) Tenth District Jordache Vs Hogg Wyld, 828 F.2d 1482, 1486 (10th Cir. 1987) Sally Beauty Company v. Beautyco, 2001 Cardtoons v. Major League Baseball Players Assn, 1996 Country Kids v. Sheen, 1996 Creative Gifts v. UFO, 2000 Dudnikov v. Chalk & Vermilion Fine Arts Inc.,, 10th Cir., No. 06-1458, 1/28/08. Eleventh District Leigh v Warner Brothers, 2000 Supreme Court Bobbs-Merril vs Straus, 1908 Calder v. Jones 1984. F. W. Woolworth Co. v. Contemporary Arts, Inc. 1952. Fogerty v. Fantasy, 1994 Campbell v. Acuff Rose Music, 1994 Campbell v. Acuff Rose Music, Syllabus, 1994 Quality King v Lanza, 1998. Moseley et al., dba Victor’s Little Secret v. V Secret Catalogue, 2003 Moseley et al., dba Victor's Little Secret v. V Secret Catalogue, Syllabus, 2003 Quality King v Lanza Syllabus

Federal Court System

Federal Reporter Court of Appeals Cases from 2007 and 2006

Federal Statutes and Federal Interpretations Copyright Act Digital Millenium Copyright Act, a.k.a., the "DMCA" Lanham Act, the primary federal trademark statute What Is Covered By A Copyright, from the Copyright Office What Is Not Covered By A Copyright, from the Copyright Office

Filing A Federal Lawsuit Set Up What to do to get started Complaint Your complaint and what to include Answer Their answer Reply Your reply FRCP12(b) Special motion provisions FRCP12(f) Motion to strike Default If they don't answer SummaryJudgment can get you information Affidavit is how to introduce evidence pro se Handbook great information source Fleurville Settlement Forced Labor Tabberone's Trademark & Copyright Abusers' Hall Of Shame Adorable Decor Alex Grey American Red Cross AnimeHot Autodesk, Inc Blue Jean Teddy Scott Boras Bumble and bumble Burberry Business Software Alliance Amy Butler Chalk & Vermilion Fine Arts Christopher & Banks Chuck E. Cheese Collegiate Licensing Company Copyright Deposit Craft and Fabric Sites Creative Memories Cyber Cops Disney Enterprises Dozier Internet Law, P.C. Embroidery Software Protection Coalition (ESPC) DRG Texas & ePatterns E! Entertaintment Television eBay Fleurville Girl Scouts of America Hancock Fabrics Hansen Beverages Harley Davidson Motor Cycles sHit Entertainment Jack Daniels Janson Beckett Cosmeceutical John Deere Jordan Outdoor Enterprises, Ltd Juice Plus Just Born & Marshmallow Peeps Keats McFarland & Wilson Kinsella Weitzman Iser Kump & Aldisert LLP Krispy Kreme Laurel Burch Artwork Loralie Designs Love Potion Perfume Major League Baseball Properties Merle Norman Cosmetics MGA Entertainment Monster Cable Ojon Corp Paragon Patterns Red Monkey Reed Smith, LLC Reich Publishing & Marketing SalonQuest and Aquage Sanrio & Hello Kitty Schools Scientology Scotia Starr Sevenarts Ltd Shabby Chic Sharon Teal-Coray SnoWyte The Software & Information Industry Association Sykel Enterprises Timberland Tommy Hilfiger True Religion Jeans United Media & Peanuts Univera Life Sciences Vera Bradley Visiball USA Vittoria North America Von Dutch Warner Brothers Wiggles Touring Pty Limited Keats, McFarland & Wilson, a law firm we consider to have low standards Lanham Act, the primary federal trademark statute Law Suits Concerning Tabberone Disney Enterprises, filed December 24, 2002, settled February 3, 2003. Dunkin Donuts, filed early 2004, Judge ruled we sued the wrong company, lost on technicality. E! Entertainment Television, filed November 21, 2003, we lost on technicality Fleurville, filed February 27, 2004, settled March 24, 2004 M&M/Mars, filed July 2002 by M&M/Mars, settled November 2002 in our favor. Major League Baseball Properties, filed April 3, 2003, settled August 2003. MGA Entertainment, filed December 10, 2003, ended as a draw in 2005. Sanrio, a.k.a. Hello Kitty, filed early 2004, settled quickly. Shabby Chic, filed October 28, 2003, settled June 23, 2004 Sevenarts Ltd and Chalk & Vermilion Fine Arts, filed December 12, 2005, still being litigated. United Media, filed November 18, 2003, settled December 2003. Vittoria North America, filed November 18, 2003, settled November 2003. Weight Watchers, filed in 2004, settled in 2004 Wiggles Touring Pty Limited, filed November 24, 2003, settled March 9, 2004 Corporate Lawyers Cartoons Code Of Ethics Courtroom Remarks Defintion Of A Lie Jokes Lawyers Lying Who Have Lied Licensed Fabric: what you can and cannot do with it. Major League Baseball Settlement Merle Norman Cosmetics Merle Norman Cosmetics Violate FDA Drug Laws Merle Norman's Lawyers Commit Perjury Kinsella Weitzman Iser Kump & Aldisert LLP Parallel Imports Parallel Imports and Copyright Law, by Paul D. Supnik, discusses Quality King Distributors, Inc. v. L'Anza Research International Supreme Court decision. Parallel Imports, a lengthy article about parallel imports and the Quality King decision by Lynda J. Zadra-Symes and Joseph J. Basista, May 1998. A very detailed article. Definition of Parallel Imports Federal Court Accepts Unique Copyright Attack on "Grey Market Goods" by Gesmer Updegrove LLP from 2006. Excerpts from No Prohibition on Imports Where Common Ownership Exists Between U.S. Trademark Holder and Foreign Service by Knobbe Martens Olson & Bear LLP. Article about parallel imports titled Exceptions to the Exhaustion Rule by Ladas & Parry from 2001 Public Citizen Litigation Group eBay Strikes Back, Sues for Frivolous DMCA Takedowns , dragged into a lawsuit, eBay relaliates. January 5, 2008. Don't Post This Cease And Desist Letter Or Else October 5, 2007. Ninth Circuit: No Cause of Action for Disparaging a Company's Trademark September 27, 2007. Companies Claim Right to Interfere with eBay Auctions for Charging Too Little July 17, 2007. How the Leegin Decision Will Hurt Consumers on the Internet July 6, 2007. Intellectual Property Abuse, eBay, and Consumers June 20, 2007. Trademark Lawsuits : The Price of On-Line Griping where companies attempt to squelch dissent by falsly claiming infringement. Purina Dog Chow, of Nestlé Purina PetCare Purina Dog Chow, Your Pet, Our Passion®: Our Asshole Layers. Ciao, Chow, Baby, Baltimore Sun article. Purina Marks Its Territory, posted by the Legal Blog Watch. Purina vs Chow Baby, posted by Overlawyered.com. The Putrid Plecostomus Award to those corporate law firms and companies that go above and beyond the call of duty. Reality Based Community has our attention Reed Smith, LLC, a law firm who threatened Tabberone with a defamation lawsuit in February 2006 and has yet to follow through. Settlements By Tabberone Disney Settlement, February 3, 2003 Fleurville Settlement Major League Baseball Settlement, August 21, 2003 M&M/Mars settlement is confidential. Shabby Chic settlement is strictly confidential. United Media (Peanuts) Settlement, February 3, 2004 Vittoria North America Settlement Wiggles Touring Pty Limited Settlement Stanford School of Law Case Outline Sweatshops used by Disney Sweatshops used by Major League Baseball Trademark Abuse, opinion and articles Trademark Definitions in detail so you can understand them Trademark Extortion, opinion and articles Trademark Extortion Time Analysis, showing extortion claims are inflated. Trademarks Home Page Urban Myths VeRO VeRO Commandments VeRO-Verified Rights Owners Program Counter Notice Letter Counter Notice (pre-2003) Counter Notice 2003 Latest Counter Notice, 2007. On-Line Survey from 2004 Articles about VeRO What To Do If You Are Veroed VeRO Takedowns Recinded Without Lawsuit Warner Brothers, August 2001 Robert Yates Racing, October 2003 VeRO Threats Twarted Fredericks Of Hollywood Precious Moments, October 2002 Vittoria North America Settlement What To Do How You Should Respond Wiggles Touring Pty Limited Settlement

General Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Hall Of Shame | Contributions Corporate Lawyers Cartoons | Code Of Ethics | Courtroom Remarks | Defintion Of A Lie | Jokes | Lawyers | Lying | Who Have Lied eBay - Land The Game™ Links Auction Bytes | Digg.com | Slashdot.org | Public Citizen Litigation Group | RealityBasedCommunity.net

Definitions

Trademark Definitions

Blurring   |   Confusion   |   Dilution   |   Initial Interest Confusion   |   Likelihood Of Confusion   |   Parallel Imports   |   Puffery Secondary Meaning   |   Subsequent Confusion   |   Trademark Abuse   |   Unauthorized Use   |   Unfair Competition   |   What is a Trademark?

Copyright Definitions

Contributory Infringement   |   Copyrightability   |   Copyright Misuse Doctrine   |   Derivative   |   The Digital Millenium Copyright Act   |   EULA   |   Fair Use First Sale Doctrine   |   Registration   |   What is a Copyright?   |   What is not Copyrightable?

Other Issues

Ebroidery Designs   |   FAQs & Whines   |   Image and Text Theft   |   Licensed Fabric   |   Licensing & Licenses   |   Patterns   |   Profit   |   Selvage Stanford School of Law Case Outline   |   Tabberone Disclaimer   |   Trademark Extortion   |   Urban Myths   |   What To Do If You Are Veroed

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 Filing A Federal Lawsuit Set Up | Complaint | Answer | Reply | FRCP12(b) | FRCP12(f) | Default | SummaryJudgment | Affidavit

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