Wednesday, May 3, 2017

New Zealand Campaign Had Concerns Using Eminem-Like Song; Associated Press via New York Times, May 3, 2017

Associated Press via New York Times; 

New Zealand Campaign Had Concerns Using Eminem-Like Song


"De Joux said she sought and received assurances from music and advertising experts that using "Eminem Esque" would be acceptable because it was part of a licensed music library and was free from any copyright issue...

Under cross-examination, de Joux said she had not sought legal advice on using the song nor approached Eminem's representatives to get approval."

Eagles Sue Hotel California for Trademark Infringement; Hollywood Reporter, May 2, 2017

Ashley Cullins, Hollywood Reporter; Eagles Sue Hotel California for Trademark Infringement

""Through advertising targeted to U.S. consumers, and in-person communications, Defendants lead U.S. consumers to believe that the Todos Santos Hotel is associated with the Eagles and, among other things, served as the inspiration for the lyrics in 'Hotel California,' which is false," writes attorney Laura Wytsma.
"Hotel California" isn't just a hit song or the title of the Eagles' most successful album, it's the "essence of the band itself," Wytsma argues. Since the late '70s, the band has sold merchandise bearing the mark — everything from guitar picks to bathrobes to posters. (An application to register the trademark for merchandise is pending.)"

Tuesday, May 2, 2017

Sandy Hook father Lenny Pozner on death threats: ‘I never imagined I’d have to fight for my child’s legacy’; Guardian, May 2, 2017

Hadley Freeman, Guardian; 

Sandy Hook father Lenny Pozner on death threats: ‘I never imagined I’d have to fight for my child’s legacy’


"Pozner realised quickly that there was no point in arguing with these hoaxers, so instead he attacks through copyright law. Every day, he Googles Noah’s name to see if anyone has put up a photo or video of his son without his permission and, if so, he files copyright claims. Thanks to Pozner’s dedication and experience as an IT consultant, he has scrubbed Noah’s search results of toxic-hoaxer content. He has sued other hoaxers for invasion of privacy, and successfully petitioned a Florida university to fire a professor, James Tracy, for hoaxing. (Tracy has sued for wrongful termination.) He also founded the HONR Network, which helps grieving families deal with online abuse, and it lobbies YouTube, Google and Facebook to stop hosting such abuse. "

Chinese Government and Hollywood Launch Snoop-and-Censor Copyright Filter; Electronic Frontier Foundation (EFF), May 1, 2017

Jeremy Malcolm, Electronic Frontier Foundation (EFF); 

Chinese Government and Hollywood Launch Snoop-and-Censor Copyright Filter

"Two weeks ago the Copyright Society of China (also known as the China Copyright Association) launched its new 12426 Copyright Monitoring Center, which is dedicated to scanning the Chinese Internet for evidence of copyright infringement. This frightening panopticon is said to be able to monitor video, music and images found on "mainstream audio and video sites and graphic portals, small and medium vertical websites, community platforms, cloud and P2P sites, SmartTV, external set-top boxes, aggregation apps, and so on."...

The announcement of China's government-linked 12426 Copyright Monitoring Center is absolutely chilling. It is just as chilling that the governments of the United States and Europe are being lobbied by copyright holders to follow China's lead. Although this call is being heard on both sides of the Atlantic, it has gained the most ground in Europe, where it needs to be urgently stopped in its tracks. Europeans can learn more and speak out against these draconian censorship demands at the Save the Meme campaign website."

Sunday, April 30, 2017

Asian-American Rock Band Denied Trademark For ‘Disparaging’ Name; KDKA.com, April 27, 2017

Julie Grant, KDKA.com; 

Asian-American Rock Band Denied Trademark For ‘Disparaging’ Name


"The government’s position is that the trademark registration program and trademarks generally have not historically served as vehicles for expression; they are meant to identify the source. The law is set forth in the Lanham Act which states that registration can be refused if a trademark is disparaging. Dr. Rooksby believes the provision is too arbitrary and will be invalidated by the court.

According to Rooksby, “I think Simon Tam should win the case. They’ve made a compelling argument that this provision of the trademark law is unconstitutional and this is because it’s too arbitrary. How do you apply it? What is something that’s disparaging?”

While the court weighs the arguments, the band has released an EP titled “The Band Who Must Not Be Named.” A decision is expected by the end of June."

World copyright day: NCC seizes N600m pirated books; The Guardian, April 30, 2017

Sam Oluwalana, The Guardian; 

World copyright day: NCC seizes N600m pirated books


"The Lagos State operatives of the Nigerian Copyright Council (NCC) recently impounded pirated books valued at about N600m. National President of the Nigerian Publishers Association (NPA), Mr. Adedayo Gbadega, disclosed this at a conference organised by the association in Ibadan, Oyo State, to commemorate the World Books, and Copyright Day.
With theme, “Collaborative Efforts At Curbing The Menace Of Book Privacy [sic] In Nigeria,” the event served as platform for major stakeholders in the industry to air their views on copyright and piracy in the country.
According to Gbadega, books and other intellectual materials have suffered a lot from the hands of pirates and this has caused a lot of conflict between publishers and actors, who see their books all over the place, but have nothing in term of financial rewards to show for it."

Thursday, April 27, 2017

'It's a lot bigger than the band': The Slants challenge ruling rejecting trademark for their name; Pittsburgh Post-Gazette, April 27, 2017

Paula Reed Ward, Pittsburgh Post-Gazette; 

'It's a lot bigger than the band': The Slants challenge ruling rejecting trademark for their name


[Kip Currier: Fascinating panel discussing Lee v. Tam case and broader issues of trademark law and free speech. The Slants performed after the panel. I spoke with the defendant, Simon Tam, who was a member of the panel and did a masterful job using "story" to make his points, and he insisted that the rest of the band sign the band poster I bought.]




"“I should be able to say what I want to say that my community doesn’t find offensive,” Mr. Tam said. “At the end of the day, it’s a lot bigger than the band.”

On Thursday, Mr. Tam and his bandmates — he describes their music as 80s-inspired synth pop — spoke at a panel discussion at Duquesne University before an evening performance. It’s part of a six-week tour that has hit clubs, law schools, intellectual property workshops and anime conferences.

The tour is to raise awareness of the ongoing court case, Lee v. Tam. In it, the U.S. Patent and Trademark Office appealed a decision by the U.S. Court of Appeals for the Federal Circuit, which found in Mr. Tam’s favor in December 2015.

Mr. Tam’s original trademark application, made in 2009, was rejected because it was found to violate the Lanham Act, which prohibits a trademark if it “consists of matter which may disparage persons, living or dead, institutions, beliefs or national symbols, or bring them into contempt, or disrepute.”"