Hypertouch Inc. v. Kraft Foods Inc.–New CAN-SPAM Lawsuit
An Internet access provider has sued Kraft Foods under CAN-SPAM and the California anti-spam law. This case is a little unusual because, to date, most CAN-SPAM lawsuits have been against marginal marketers, in many cases who were expected to default….
Patent Act of 2005
Matthew Buchanan of Promote the Progress has assembled some source material regarding the proposed Patent Act of 2005, a surprisingly broad proposal to reform patent law. Among other significant changes, it proposes to scrap the first to invent standard in…
House Passes Trademark Dilution Revision Act
The House has passed the Trademark Dilution Revision Act and sent it to the Senate. The law is pretty sweepingly favorable for trademark owners–not a lot of good news for trademark defendants. UPDATE: The law has passed. My comments on…
PAGERANK!
My blogs finally got PageRank today! (both have a 5). My blogs went live around February 8 and got high-quality in-bound links pretty quickly. Any thoughts about why it took Google 2.5 months to establish the PageRank?
Self-Publishing and the Long Tail
The New York Times runs a lengthy article on self-publishing books. The emergence of self-publishing shops reinforces the Long Tail theory. By reducing the publishing costs, more niche-oriented content can be produced cost-effectively. Thus, self-publishing houses put real pressure on…
Family Movie Act of 2005—Legalizing Technology to Skip Film Parts
This morning I blogged on the criminal law part of the Family Entertainment and Copyright Act. Now, I’ll discuss the Family Movie Act of 2005, which allows technology to make parts of a film imperceptible (let’s call it film skipping)….
Artists’ Rights and Theft Prevention Act–New Criminal Copyright Infringement Standards
As part of the Family Entertainment and Copyright Act, Congress enacted the “Artists’ Rights and Theft Prevention Act of 2005” or the “ART Act.” The ART Act adds two new major criminal standards: (1) using a camcorder to record a…
My Take on Google v. American Blinds
Google v. American Blinds & Wallpaper Factory, 2005 WL 832398 (N.D. Cal. March 30, 2005). I’m a little late blogging the case, but I finally had a chance to read the opinion. On one level, the opinion isn’t all that…
New Case on Indexable Uses of Trademarks on Web Pages
Independent Living Aids, Inc. v. Maxi-Aids, Inc., 2005 WL 756676 (2d Cir. April 4, 2005) (unpublished/uncitable decision). This opinion is the latest in a string of rulings involving a trademark infringement claim between two manufacturers of equipment for physically challenged…
Howes’ Recap on Spyware/Adware
Eric L. Howes gives a one-year retrospective of the state of spyware/adware. I was surprised that he was able to find any good news from his perspective, but he did! Of course, I would probably reverse some of his labels…