It's rare for the Supreme Court of Canada to hear TM cases, but one might be coming soon.
http://www.lawtimesnews.com/201101318214/Headline-News/SCC-to-consider-rare-trademark-case
Tuesday, February 1, 2011
Friday, January 28, 2011
Big Bang v. Theorists Copyright
Chuck Lorre is a famed writer/producer of comedy shows in the US. For one of the hits called 'The Big Bang Theory' he posts quick snippet 'Vanity Cards' at the end of each episode after the credits. Here's card #277:
It's actually true, check out the feeble attempt of copying (if you're going to plagiarize do a good job at least :P)
So what can Chuck and his pals do about Belarus?
Probably nothing copyright wise.
HUCK LORRE PRODUCTIONS, #277
Belarus is a small, land-locked country next door to Russia, Ukraine, Latvia, Lithuania and Poland. According to Wikipedia, one of its major exports is cattle by-products. Which begs the question, what horrible shape are the cattle in, if all they're good for is felt hats and wallpaper paste? But Belarus does have a bustling TV production industry. One of their most recent hits is a sitcom about four nerdy scientists who live next door to a beautiful blonde waitress. The characters are named Sheldon, Leo, Hovard, Raj and Natasha, and the show is entitled, The Theorists. Each episode begins with a rapid-fire montage of images which takes us from the dawn of time to the present moment. Keeping with that theme, the montage is scored with what is probably the worst piece of recorded pop music since the dawn of time. And finally, each episode appears to be a Russian translation of a Big Bang Theory episode. When we brought this to the attention of the Warner Brothers legal department, we were told that it's next to impossible to sue for copyright infringement in Belarus because the TV production company that is ripping us off is owned and operated by the government of Belarus. Having no other recourse, I'm hoping that this vanity card will be read by the fine folks making The Theorists, and, wracked with guilt, they break down and send us some felt hats. The Kyrgyzstan version of Dharma & Greg already sent me some wallpaper paste.
It's actually true, check out the feeble attempt of copying (if you're going to plagiarize do a good job at least :P)
So what can Chuck and his pals do about Belarus?
Probably nothing copyright wise.
Monday, January 17, 2011
Microsoft Motion to stop TM of 'App Store'
Microsoft filed a motion on the 10th (http://ttabvue.uspto.gov/ttabvue/v?pno=91195582&pty=OPP) trying to prevent Apple from successfully creating a TM.
Microsoft leads the charge, whereas other phone companies are staying away from the debate (didn't want to upset the mighty Apple?)
Other companies use different names
I would think 'App' is very generic, but then again, I'm no lawyer. Your thoughts? Should Apple be permitted to register 'App Store' as a TM?
Microsoft leads the charge, whereas other phone companies are staying away from the debate (didn't want to upset the mighty Apple?)
Other companies use different names
I would think 'App' is very generic, but then again, I'm no lawyer. Your thoughts? Should Apple be permitted to register 'App Store' as a TM?
Thursday, January 13, 2011
Groupon Bashes Scoopon
Groupon has by in large ignored knock-off websites. I don't know if they can really go about claiming the 'group coupon' idea is an infringement on any unique aspect of their business, but they could launch something....
But, if you go out of your way to register everything 'Groupon' then you infringe on trademark, and if you had any business sense/experience you'd know you're on the way to court for a swift loss.
Stupid Scoopon, thinking they could get away with registering the domain for groupon while setting up a group coupon website....
http://techcrunch.com/2011/01/04/groupon-files-lawsuit-against-australian-clone-scoopon/
But, if you go out of your way to register everything 'Groupon' then you infringe on trademark, and if you had any business sense/experience you'd know you're on the way to court for a swift loss.
Stupid Scoopon, thinking they could get away with registering the domain for groupon while setting up a group coupon website....
http://techcrunch.com/2011/01/04/groupon-files-lawsuit-against-australian-clone-scoopon/
Wednesday, January 12, 2011
New Blog focus to North America TM
This blog is now back (or new) and will discuss the latest news and tidbits about trademark law in North America. Hope you enjoy!
Saturday, November 13, 2010
What to do When a Website Steals Your Content
We're going to put up some information here in the next couple of weeks regarding the recourse one has when a website steals your web copy.
It shouldn't come as a surprise that you can do little legally without one core and crucial component (that happens to be cheap too).
Take the steps to pay the $30 bucks to register your content with the copyright office in the US (if you're in the US).
Take the first step by visiting the eCO.
It shouldn't come as a surprise that you can do little legally without one core and crucial component (that happens to be cheap too).
Take the steps to pay the $30 bucks to register your content with the copyright office in the US (if you're in the US).
Take the first step by visiting the eCO.
Saturday, June 14, 2008
ABA Indicates Move Forward In Outsourcing Of Legal Technology And Software As A Service
In this article from the New York Law Journal, republished by Law.com, the author goes on to describe the legal outsourcing of work product services and the ramifications of foreign outsourcing of services, specifically to places such as India.
The ABA's Ethics Opinion 08-451 also provides insight into the outsourcing of computer services giving legal professionals the ability to capitalize on the growing "software as a service" offerings for legal practice management and other software types provided over the Internet.
The opinion provides language such as,
This indicates a direction for the legal community to be able to take advantage of the same value provided to current consumers of "software as a service", as long as the service provider is allowing you to meet your ethical obligations to your client.
"Software as a service" is a phenomenon in the software industry today. Leading technology analysts predict more and more market share for this type of business software delivery model to the point where it will eclipse the traditional "local computer installation" software. The leading business software provider in this area today is Salesforce and it's business model and results prove the direction of the industry is more than a viable one.
As a result of all these factors, legal "software as a service" offerings and adoption will too no doubt spiral upwards. Legal practice management, email, calendaring and others are here today. Even your word processor, spreadsheet program and data file storage can now be provided over the Internet through a web browser and will be common place soon.
The value to the legal industry moving towards and adopting this type of software is enormous. There are several key factors which make this a natural for adoption by lawyers.
First, just a few years ago the ABA reported over 95% of all lawyers worked in firms of 20 lawyers or fewer, 90% in firms of 10 lawyers or fewer. This makes most of the the law firms in this country considered "small businesses". From my experience, most companies do not even think about hiring technical or IT staff members until they are at least a 20-30 person company.
What this means is that legal professionals have to either manage their technology themselves or they have go to outside services managing and implementing server and software systems for them. I don't know how many $300 an hour attorneys I've heard of spending hours trying to solve computer problems and doing their own backups. Either that, or they are waiting on the technology service provider to firstly arrive and then to fix their problems, always with hours wasted.
This is where "Software as a Service" is a natural for the legal industry. What SaaS does is give you access to all the technology services you need to manage your business software systems. Live phone and/or email support is almost always included in your subscription price. Because it is a subscription to software and services, you always can predict your technology costs. You almost always get to evaluate SaaS software for free trial period. Because subscribers are "pooled" at a SaaS vendor's web system, they are provided some of the BEST technology money can buy, that they would NEVER otherwise be able to practically afford. The best servers, the best security, the best industrial fire and disaster protection, the best backup systems, the fastest internet connections and usually guaranteed to be up and operational over 99% of the time .....Web based software today is likely going to be just as good or better, in function and performance, than you currently are using.
All you have to provide is any type of computer with a web browser, an Internet connection, and optionally a printer. This is something even the least computer savvy are familiar with and have today. You will be able to access your data, files, email and other information anywhere, anytime..... and in most cases these days, that includes the courtroom or the courthouse library.
The ABA's Ethics Opinion 08-451 also provides insight into the outsourcing of computer services giving legal professionals the ability to capitalize on the growing "software as a service" offerings for legal practice management and other software types provided over the Internet.
The opinion provides language such as,
"A lawyer may outsource legal or nonlegal support services provided the lawyer remains ultimately responsible for rendering competent legal services to the client....."
and...
"Outsourced tasks range from the use of a local photocopy shop for the reproduction of documents, to the retention of a document management company for the creation and maintenance of a database for complex litigation, to the use of a third-party vendor to provide and maintain a law firm’s computer system...."
This indicates a direction for the legal community to be able to take advantage of the same value provided to current consumers of "software as a service", as long as the service provider is allowing you to meet your ethical obligations to your client.
"Software as a service" is a phenomenon in the software industry today. Leading technology analysts predict more and more market share for this type of business software delivery model to the point where it will eclipse the traditional "local computer installation" software. The leading business software provider in this area today is Salesforce and it's business model and results prove the direction of the industry is more than a viable one.
- From Wikipedia: Software as a service (SaaS, typically pronounced 'Sass') is a model of software deployment where a web based application is hosted as a service provided to customers across the Internet. By eliminating the need to install and run the application on the customer's own computer, SaaS alleviates the customer's burden of software maintenance, ongoing operation, and support. Conversely, customers relinquish responsibility from having to manage software versions or changing requirements; moreover, costs to use the service become a continuous expense, rather than a single expense at time of purchase. Using SaaS also can conceivably reduce the up-front expense of software purchases, through less costly, on-demand pricing.
As a result of all these factors, legal "software as a service" offerings and adoption will too no doubt spiral upwards. Legal practice management, email, calendaring and others are here today. Even your word processor, spreadsheet program and data file storage can now be provided over the Internet through a web browser and will be common place soon.
The value to the legal industry moving towards and adopting this type of software is enormous. There are several key factors which make this a natural for adoption by lawyers.
First, just a few years ago the ABA reported over 95% of all lawyers worked in firms of 20 lawyers or fewer, 90% in firms of 10 lawyers or fewer. This makes most of the the law firms in this country considered "small businesses". From my experience, most companies do not even think about hiring technical or IT staff members until they are at least a 20-30 person company.
What this means is that legal professionals have to either manage their technology themselves or they have go to outside services managing and implementing server and software systems for them. I don't know how many $300 an hour attorneys I've heard of spending hours trying to solve computer problems and doing their own backups. Either that, or they are waiting on the technology service provider to firstly arrive and then to fix their problems, always with hours wasted.
This is where "Software as a Service" is a natural for the legal industry. What SaaS does is give you access to all the technology services you need to manage your business software systems. Live phone and/or email support is almost always included in your subscription price. Because it is a subscription to software and services, you always can predict your technology costs. You almost always get to evaluate SaaS software for free trial period. Because subscribers are "pooled" at a SaaS vendor's web system, they are provided some of the BEST technology money can buy, that they would NEVER otherwise be able to practically afford. The best servers, the best security, the best industrial fire and disaster protection, the best backup systems, the fastest internet connections and usually guaranteed to be up and operational over 99% of the time .....Web based software today is likely going to be just as good or better, in function and performance, than you currently are using.
All you have to provide is any type of computer with a web browser, an Internet connection, and optionally a printer. This is something even the least computer savvy are familiar with and have today. You will be able to access your data, files, email and other information anywhere, anytime..... and in most cases these days, that includes the courtroom or the courthouse library.
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