Archive for August, 2007

Krusty the Clown

Thursday, August 30th, 2007

Update on September 5, 2007.
YouTube has removed this short movie fragment I used as an illustration below, so here is a direct link to Krusty the Clown as trademark in the Simpsons (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 not as precise as he should be. He did not consult his trademark attorney I think. But I must also admit that the “generic reaction” performed by Marge was at least perfidious. ;)

Good ol’ TV

Wednesday, August 29th, 2007

A really nice compilation of former TV stations’ logos/trademarks. There is even sound.

Fair use is a bitch

Tuesday, August 28th, 2007

There is nothing more to add. Just watch the presentation below.

Starbucks

Monday, August 27th, 2007

Just read a short article available at www.spacehijackers.org website about how the mermaid from Starbucks’ logotype/trade mark got her nipples back. :)

SUN goes Java

Saturday, August 25th, 2007

Most know Java, few know Sun.

This is what Jonathan Schwartz wrote on his website about the decision to change logotypes and about the rebranding process in SUN.

Simply there is no copyright infringement

Friday, August 24th, 2007

The U.S. District Court For the Northern District of California ruled in the case 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 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.

KFCruelty

Wednesday, August 22nd, 2007

Lots of work but I was thinking about the project www.kentuckyfriedcruelty.com lately. It is the initiative of PETA which means People Eating Tasty Animals, ups I’m sorry! People for the Ethical Treatment of Animals of course. The first name came to my mind bacause of the case People for the Ethical Treatment of Animals, Inc. v. Doughney, 113 F. Supp. 2d 915 (D. Va. 2000) which concerned peta.org domain name and the interpretation of this abbreviation.

Lawyers and film industry

Monday, August 20th, 2007

It will not be a post in which I deliberate about the MPAA or similiar organization and lawyers working for them. I would like to write about something else. Just check a nfo file available at www.nforce.nl website which 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

That’s all folks about lawyers and film industry for this time.

Guerilla marketing?

Monday, August 13th, 2007

How to promote your brand or trademark with the help of your competitor. No comments. ;-)

The End of court’s farce

Saturday, August 11th, 2007

The court concludes that Novell is the owner of the UNIX and UnixWare Copyrights.

Taken from the judgement in the case SCO Group, Inc. v. Novell, Inc., No. 2:04CV139DAK (D. Utah. Aug. 10, 2006). More details with as usually great comments available at www.groklaw.net website. Bon appétit PJ.

What a license!

Thursday, August 9th, 2007

Conditions of a clickwrap license agreement described in two words. Just check a post available at www.stopbadware.org website.

I would like to recommend you to read a judgement in the case 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 US 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

Friday, August 3rd, 2007

Fair use is not dead in the U.S. As you may read in the article available at www.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.

Effective?

Thursday, August 2nd, 2007

You probably already know that I have a big aversion to digital rights management term. I feel sorry for lawyers who use this watchword in their legal papers. I will not mention my opinions on legal reagulations (so-called paracopyright or quasi-copyright) concerning technological measures and rights-management information (yes, this is how the DRM buzzword came to life). But, I read with a big satisfaction such articles as the one available at www.informationweek.com website. There is a short story at www.torrentfreak.com website about a person who was accused of removing rights-management information from DVDs. Arshad Madhani pleaded guilty with the prosecutor. Some details about Immigration and Customs Enforcement’s action against persons selling mod chips designed to circumvent technological protection measures implemented in games consoles are included in the article at www.physorg.com website.

I will not illegally download this movie

Wednesday, August 1st, 2007

Couple of days ago I wrote a post titled The Pirate Bay team as The Simpsons about a digital copy of this cult movie which is already available in the Net and what reaction to this fact was presented by the team connected with the activity of www.thepiratebay.org website. Now, I would like to recommend you to read the article available at www.zeropaid.com website which discuss The Simpsons Movie Box Office position and what happened to Bart Simpson when he downloaded a movie from the Internet. There is an options below, how to watch movies legally in the Net.

Patent how to sing from DNA

Wednesday, August 1st, 2007

Check claims from the U.S. patent no 7,247,782 and comments about it in the article available at www.genome-technology.com website.