It's a Crazy Intellectual Property World

It's a Crazy Intellectual Property World From Apple trying to register a trademark of "App Store" to Apple suing someone for selling white iPhone kits, to CBS being the subject of a lawsuit for copyright infringement; it is a crazy intellectual property world. Do not wade through the waters of intellectual property alone - let's go through some of the difficult stories. Apple's "Appstore" Trademark I do not believe that Apple will be able to either register "Appstore" or "App Store" as a trademark or successfully win its lawsuit for trademark infringement against Amazon.com. This is because many people for years have been using "app" as a shortened form for the word "application." To me, "app" is a generic term and "store" is a generic term used for "a store in which one buys applications." As the story says, "the threshold that businesses must cross in order to avoid being deemed to use a generic term" will be decided in these cases. " CBS and CNET are sued A coalition of artists have sued CBS and CNET for wilfully facilitating copyright infringement. According to the suit, CBS and CNET received advertising revenue when users of the Limewire peer-to-peer downloading system downloaded unauthorized copies of work. http://www.pcmag.com/article2/0,2817,2384913,00.asp Do not forget my speaking engagement: I will be speaking on June 2, 2011 at 6:00 PM to the Executives Club of New Jersey. The topic is Trademark, Copyright and Advertising Law Thoughts for Small-to-Medium Business. It will be jam-packed with thoughts and ideas. Please come. RSVP by clicking this link: http://bit.ly/mN4Nd6

Apple II Apple has filed suit against a small company run by a teen that sells conversion kits to make your iPhone 4 white. To me, it seems more of an issue of trade dress than trademark infringement, though the website's name does use iPhone.

I hope you will be able to come out to see me speak!

I hope you will be able to come out to see me speak!

Executives Club of New Jersey I will be speaking on June 2, 2011 at 6:00 PM to the Executives Club of New Jersey. The topic is Trademark, Copyright and Advertising Law Thoughts for Small-to-Medium Business. It will be jam-packed with thoughts and ideas. Please come. RSVP by clicking this link: http://www.meetup.com/ExecutivesClubNJ/events/17542263/

Hangover II/Tattoo I am sure many of you heard of the conflict between the producers and creators of "The Hangover Part II" and the tattoo artist that designed Mike Tyson's infamous facial tattoo. The artist has sued the producers and creators for copyright infringement. The first question is if a tattoo deserves a copyright. This will probably come down to the medium upon which the design is fixed. I am sure no injunction will be given, though, and we can all go to the movies this weekend. http://bit.ly/lQd9RW

Sweepstakes Have you noticed the proliferation of sweepstakes and contests? I picked up a Nesquick bottle with a sweepstakes. I received an e-mail from the New York Islanders about a sweepstakes. What other companies are holding sweepstakes? http://fb.me/Xi3heVwY