Archive for: August, 2007

Krusty the Clown

August 30th, 2007, Tomasz Rychlicki

Update on September 5, 2007.
A short movie fragment that I used as an illustration was removed from my profile by Youtube. So, here is a direct link to Krusty the Clown as trademark in the Simpsons, FLV format, 660 KB. I suggest you to use VLC software to watch it. It works with almost each operating system and its free.

The hype around the Simpsons has faded a little bit so I decided to write a post in this subject. I recalled myself this short fragment which you may watch below.

Initially, I ignored this gag but later on I decided to check if Krusty has told Marge the truth about his likeness and trademark rights. You probably know how it is with greedy clowns, it is always better to check what they say. A quick search performed with the Trademark Electronic Search System showed information about trademarks no 74080331, 74080332, 74080379, 74080308 and 74080380. You may read from the last trademark file for instance about:

Goods and Services (Abandoned) IC 041. US 107. G & S: entertainment services in the form of providing a series of television programs, motion picture production and distribution services and children live action shows.

For those of you who are interested deeper in this subject matter here is an additional search I performed for trademark no 74080308:

Trademark Name: KRUSTY THE CLOWN

(WORDS ONLY)

Filing Date: July 20, 1990

Serial Number: 74-080308

Official Gazette Status: ABANDONED – NO STATEMENT OF USE

Status Date: February 21, 1993

Goods/Services: STATIONERY, WRITING PAPER AND ENVELOPES, MOUNTED AND UNMOUNTED PHOTOGRAPHS, HOUSEHOLD GLUE AND PASTE, PAINT BRUSHES, PLAYING CARDS, COMIC BOOKS, POSTERS, TABLECLOTHS MADE OF PAPER, STAPLERS, PENCIL CUPS, DESK TOP ORGANIZERS, DESK CALENDARS, WALL CALENDARS, GREETING CARDS, COLORING BOOKS, PAPER NAPKINS, WRAPPING PAPER, INSTRUCTIONAL AND EDUCATIONAL BOOKS, CHILDREN’S BOOKS, GAME BOOKS, FICTIONAL NOVELS AND SHORT STORY BOOKS (INTERNATIONAL CLASS: 16; US CLASS: 22, 23, 29, 37, 38, 5)

International Class: 16 (PAPER GOODS AND PRINTED MATTER) – PRIMARY CLASS

U.S. Class:
22 (GAMES, TOYS, AND SPORTING GOODS) – SECONDARY CLASS
23 (CUTLERY, MACHINERY, HAND TOOLS, AND PARTS THEREOF)
29 (BROOMS, BRUSHES AND DUSTERS)
37 (PAPER AND STATIONERY)
38 (PRINTS AND PUBLICATIONS)
5 (ADHESIVES)

Register Type: PRINCIPAL REGISTER

Active/Inactive: INACTIVE

First Use Date: FIRST USE DATE NOT AVAILABLE (INTERNATIONAL CLASS: 16; US CLASS: 22, 23, 29, 37, 38, 5)

First Commerce Date: IN COMMERCE DATE NOT AVAILABLE (INTERNATIONAL CLASS: 16; US CLASS: 22, 23, 29, 37, 38, 5)

Publication Date: May 28, 1991

Correspondent: WILLIAM H. LOCKARD, ESQ. FOX, INC. P.O. BOX 900, BEVERLY HILLS, CA 90213

Intent to Use: FILED AS INTENT TO USE

Word Count: 3

OWNERSHIP INFORMATION:
Owner: TWENTIETH CENTURY FOX FILM CORPORATION (DELAWARE CORPORATION) 10201 WEST PICO BOULEVARD, LOS ANGELES, CA 90035 AS OF May 28, 1991

Applicant: TWENTIETH CENTURY FOX FILM CORPORATION (DELAWARE CORPORATION) LOS ANGELES, CA AS OF July 20, 1990

Applicant: TWENTIETH CENTURY FOX FILM CORPORATION (DELAWARE CORPORATION) LOS ANGELES, CA AS OF July 20, 1990

As you can see, Krusty the Clown was’t precise as he should be. I think, he did not consult his trademark attorney. But I must also admit, that the “generic reaction” performed by Marge was at least perfidious. ;)

There is no copyright infringement

August 24th, 2007, Tomasz Rychlicki

The U.S. District Court For the Northern District of California ruled in Jacobsen v. Katzer, No. 06-1905, 2007 WL 2358628 (N.D. Cal. August 17, 2007), PDF file, that the plaintiff who used open source license to publish his works (to be specific the artistic license), can not claim alleged copyright infringement because by the use of this kind of a license he waived the right to bring such action. Check the Java Model Railroad Interface project’s website which includes more details about this dispute.

Lawyers and the film industry

August 20th, 2007, Tomasz Rychlicki

It won’t be a post in which I deliberate about the MPAA or a similiar organization and lawyers working for them. I would like to write about something else. Just check a nfo file available at nforce.nl website. It was attached to Sunshine.2007.DVDRip.XviD-FLAiTE release. I will cite it in full here with some links added to explain tech stuff. Pay your attention to another activity performed by FLAiTE’s ripper. So, here we go.

Sunshine.2007.DVDRip.XviD-FLAiTE

RLS DATE: 08/08/2007
SOURCE: NTSC DVD5
CODEC: XviD
VIDEO: 608×256 – AR 2.375 – 769Kbps – 23.976fps
AUDIO: MP3 VBR – 129Kbps – 48Khz
SUBTITLES: Eng – Spa – Port
iMDB LINK: http://us.imdb.com/title/tt0448134/
GENRE: Adventure / Sci-Fi / Thriller
RATING: 7.4/10 (16,056 votes)
RUNTIME: 108 mins
RiP NOTES: Enjoy! :D

Our XviD ripper is about to have his final exam
to become a lawyer in some hours but he is still
awake at midnight finishing this rip. Thats what
i call dedication (or madness?), lol. Thnx my
friend, good luck joto! (U dont need it anyways)

CONTACT US @ flaite@dr.com

Trade mark law, case II GSK 247/06

August 11th, 2007, Tomasz Rychlicki

This is the continuation of a story described in “Trade mark law, case VI SA/Wa 1705/05“. The Supreme Administrative Court in its judgment of 20 February 2007, case file II GSK 247/06, dismissed a cassation complaint brought by the K. Company. This judgment concerned TERRAVITA trade mark R-142204.

R-142204

The Court ruled that tt can not be assumed that in case of word-graphic signs, a word element of such sign has a decisive character because it is easy to remember and to communicate. While assessing the similarity of signs one has to take into the consideration a general impression which compared signs exert on the consumer.

I’m still not so certain if this trade mark (trapezoid box/packaging for a bar of chocolate with characteristic rectangle “window” at the front which allows the consumer to see the texture of the chocolate) should be perceived as “trade dress” as it was discussed by the SCOTUS in its judgment in the case Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763 (1992). Maybe it is a three-dimensional sign/trade mark (3D).

What a license!

August 9th, 2007, Tomasz Rychlicki

The conditions of a clickwrap license agreement are described in two words. Just check a post available at stopbadware.org website.

I would like to recommend you to read a judgement in Specht v. Netscape Communications Corp., 150 F. Supp. 2d 585 (S.D.N.Y.2001), where you may find a deep analysis of those types of licenses in the U.S. law.

You should also find some interesting articles for example Lemley, Mark A., “Terms of Use”. Minnesota Law Review, Vol. 91, 2006. Available at SSRN: http://ssrn.com/abstract=917926.

Do not use copyright to frighten away

August 3rd, 2007, Tomasz Rychlicki

The fair use doctrine is not dead in the U.S. As you may read in the article available at arstechnica.com website. The Federal Trade Commission received a complaint filled by the Computer & Communications Industry Association against sports and media companies such as NFL, Major League Baseball, NBC Universal, Morgan Creek, DreamWorks, Harcourt Inc., and Penguin Group. The CCIA complaint concerns copyright warnings published by mentioned companies in their products. You might read about Wendy Sletzer’s “adventures” as regards to such warnings which I described in a post titled “Effective Wendy“. There is also a sample of copyright warnings issued by the NFL.

If you are from Poland then you probably recall yourself the case of copyright warnings published and distribiuted on DVDs by Vision Film Distribution and Warner Bros Poland. The President of the Office of Competition and Consumer Protection charged both companies of practices violating collective consumer interests and unfair competition delicts. Results of this proceedings are included in decisions no DDK-61–16-06/JK from May 25, 2007 and decision no DDK-5/2007 from January 31, 2007. Both PDF files, in Polish language.

Civil law, case II C 903/06

August 2nd, 2007, Tomasz Rychlicki

The Regional Court in Warsaw in its judgment of 6 February 2007 case file II C 903/06 held that Internet auctions organized by the popular websites such as allegro.pl and ebay.com are auctions as defined in article 70 ¹ of the Civil Code. Auction’s closing within the meaning of the Civil Code is a statement generated by the system or by auction’s organizer and sent to the bidder which has submitted the best offer. This message should be treated just as a statement of will of the seller who accepted the offer. It means that the contract takes effect not due to the passage of time, but precisely upon a receipt by the bidder of seller’s statement of acceptance of his offer.