Trademark & Copyright ©
Angel Policies, also called Cottage Licenses, are lies told by manufacturers.
Articles on Trademark and Copyright Infringement issues, arranged by subject matter.
Articles on Trademark and Copyright Infringement issues, arranged alphabetically.
- Case Outline by the Stanford School of Law where they used Tabberone as a class project
and prepared a federal lawsuit outline for us. Anyone is free to use this outline. Remember, this is only an outline.
| 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
Copyrights In General, in detail so you can understand them
- Angel Policies are lies told by manufacturers.
- Contributory Infringement, helping someone infringe.
- Copyrightability, what can be copyrighted and what cannot be copyrighted.
- Copyright Extortion, extortion schemes being used by unethical corporate lawyers.
- Copyright Misuse Doctrine, overreaching licensing by copyright owners.
- Derivative, what it is and is not.
- The Digital Millenium Copyright Act, or the DMCA
- Embroidery Designs
- EULA, End User Licesning Agreement and what it really is.
- Fair Use and what it means to you.
- First Amendment and how it applies.
- First Sale Doctrine, what they don't want you to know.
- § 512(F) of the DMCA and potential damages from false claims.
- Idea-Expression Dichotomy , ideas are not copyrightable.
- Licensed Fabric: what you can and cannot do with it.
- Misconceptions: how they begin and how the are spread.
- Ordinary Observer test, used by federal court for determining infringement.
- Patterns and how copyright law actually applies to them.
- Product Description is generally not copyrightable
- Quilting and how copyright law actually applies to them.
- Registration types and what they include.
- Registration Denied and what that means to the author.
- Statutory Liability, comments from the 9th Circuit Court of Appeals.
- What is a Copyright?
- What is not Copyrightable?
- Willful Infringement and how courts define it and apply it.
Copyright Misuse Doctrine , an evolving
defense to copyright infringment because of overreaching licensing by copyright owners.
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.
Tabberone's Trademark & Copyright Abusers' Hall Of Shame
Law Firms mentioned on this site (usually not favorably).
- Banner Witcoff
was added because of their bad attitude.
- Carr McClellan Ingersoll Thompson & Horn, with John D. Minton
representing Aanraku Stained Glass as only
corporate lawyers can.
- Continental Enterprises,
in our opinion, the lowest of the low. Their General Counsel, Darlene Seymour, has a section devoted just to her.
- De Novo Legal, LLP
a Cyber Cop which appears to be run by two lawyers, Maria Johnson, Esq. and Pollie Alisa Gautsch, Esq., or as we are calling them,
The Clueless Sisters, Esq, although Polle claims she looks nothing like Alisa Silverstone.
- Donahue Gallagher Woods LLP, located in California, brought to these pages by Andrew S. MacKay,
a partner who represented Autodesk.
- Dozier Internet Law, P.C
and their boss, John W. Dozier, for spreading misinformation about the posting of cease & desist letters and general stupidity. Calling a corporate
lawyer stupid may be a bit redundant.
- Gibney, Anthony & Flaherty and
John Macaluso who is the co-founder of Gibney's Trademark Extortion Group.
Trademark Extortion has become a new revenue stream of law firms who do not care about ethical misconduct.
- Greenberg Traurig, another lying law firm that moonlights as
a cyber cop and employs attorneys who do not mind lying.
- Hemming, Polacyk, Cronin, Smith, Witthoff & Bennett,
and their unethical and illegal attitude in attacking people who have not been infringing.
- Katz & Associates, and Mark S. Katz, who admited that he has no
trademark training, gloams onto the idea of using trade dress to get his plunp paycheck from pediped Footwear.
- Keats McFarland & Wilson
the first law firm to join the list. The law firm for MGA Entertainment in 2003. It now also lies for
Chanel, among others.
- Kinsella Weitzman Iser Kump & Aldisert LLP
a California law firm, joins the list. Attorney Jennifer McGrath lied to eBay claiming reselling Merle Norman cosmetics
on eBay violated FDA regulations. And she continues to lie, lie, lie, as does the firm.
- Notaro & Michalos and John Zaccaria, who represent
AbRocket with their lies.
- Polster, Lieder, Woodruff & Lucchesi, L.C,
an all-white, all-male firm in Missouri that looks like they have been involved in too much in-breeding.
- Porter Wright Morris & Arthur, LLP, and attorney Leslie K. Batté,
who lie their asses off for their client, Creative Memories.
- Reed Smith, LLC, who represents Sykel, another member of the
Hall of Shame, appears to hire lawyers who slept through Constitutional Law 101 and Due Diligence 102. Darren B. Cohen
sent us a cease & desist that had us rolling on the floor laughing. He declined to sue which meant he lied about the real intentions of his client.
- Laurence Singer who does not mind lying for the admitted druggie artist
Alex Grey to stop someone from reselling genuine Alex Gray posters.
- Skadden, Arps, Slate, Meagher & Flom, LLP, of New York City, brought to these pages by
Kenneth A. Plevan, a partner who represented Bumble and bumble.
- Winston & Strawn, and attorney Virginia Richard, who advocate
filing an intimidating and frightening lawsuit to make the smaller and less financially secure opponent runs for cover, and the truth be damned.
another law firm that had gone into the Trademark Abuse business to supplement their income. Clients included Monster Cable and Bose Wave Radio.
But they went bankrupt! Poor babies.
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, settled October 2008.
- 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
McCall's Pattern Company
- McCall's patterns, and its "claimed" copyrights.
- Our deconstruction of the McCall's Quilting
article in their Sept/Oct issue, titled Know Your Rights (And Wrongs) ,
A Copyright Primer for Quilters by Janet Jo Smith, B.A., J.D. This error-filled, self-serving tripe is being foisted upon the public by a company
that has no registered copyrights for individual patterns?
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.
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.
Reed Smith, LLC, a law firm who threatened Tabberone with
a defamation lawsuit in February 2006 and has yet to follow through.