Disqus - Latest Comments for esqmarty

Re: Little Pork Chop coming back

esqmarty — Wed, 07 Jan 2015 12:00:42 -0000

Hi Dave, can you please whitelist me? https://twitter.com/tradema... Hope all is well, Marty Schwimmer

Re: Copyright’s Blind Spot: The Innovation Asymmetry

esqmarty — Tue, 28 Jan 2014 12:55:54 -0000

What are examples of "technologies [that] suffer early deaths because of overaggressive copyright law and enforcement"

Re: DJ: CRISPAW v CRISTAL

esqmarty — Wed, 20 Nov 2013 15:35:28 -0000

Turns out that the complaint that was filed in April was never served. The 120 days ran out, the Court gave plaintiff some more time, that time ran out. Apparently plaintiff sees the need to re-file.

Re: JibJab v Plaza Hyundai re Animated Commercials

esqmarty — Thu, 03 Oct 2013 09:30:40 -0000

It is exceedingly difficult to prove exclusive ownership of a 'style' and the example you provided is the sort of evidence that defendant would point to.

Re: TYR SPORT v TYR SPRING WATER

esqmarty — Wed, 13 Jun 2012 04:35:09 -0000

Approve.

Re: Louis Vuitton Jumps The Shark

esqmarty — Mon, 05 Mar 2012 19:29:43 -0000

Special bonus points for The Princess Bride reference.

Re: Cheap Will Be Smart. Expensive Will Be Dumb.

esqmarty — Mon, 05 Dec 2011 14:00:01 -0000

My HP printer (free with purchase of computer) tells me in advance when the ink supply is low. My $17,000 home heating system's method of telling me that it is out of oil is to stop working.

Re: MR WATER HEATER Is The Name, That Name Again Is MR WATER HEATER

esqmarty — Sat, 26 Nov 2011 08:53:09 -0000

Deleted

Sent from my iPad

Re: OccupyAppStore

esqmarty — Fri, 28 Oct 2011 08:29:05 -0000

But the you see this article: "Bike Baron Tops App Store Charts, In Less Than A Week."

http://www.arcticstartup.co...

so some can beat the Leaderboard barrier.

Re: Upon This Mark I Will Build My Church: Religious Sects As Trademarks

esqmarty — Mon, 28 Mar 2011 13:58:27 -0000

I've updated the post - see above.

Re: It's Not An App Store, It's A Mobile Download Service (Text of Complaint in Apple v Amazon)

esqmarty — Wed, 23 Mar 2011 22:38:38 -0000

There's a type of survey called a 'Teflon Survey' which (sort of) of asks
the respondent "When you are shopping for a [alternate generic description
of the goods/services] you would ask for what? [or you would look where]? I
think Amazon hopes you get asked to participate in such a survey.

Re: NY State Cybersquatting Action Relating to Personal Names

esqmarty — Wed, 09 Mar 2011 12:56:53 -0000

Yes, the federal act has a broader concept of bad faith acts,
including diversion of traffic for one's own benefit.

Re: Angry Farm

esqmarty — Fri, 04 Mar 2011 06:49:49 -0000

delet

Re: KENNEDY FRIED CHICKEN

esqmarty — Mon, 14 Feb 2011 13:14:32 -0000

That's an excellent question that I can't answer. I am inferring that
KFC no longer cares about the use of KENNEDY, as there is no TTAB
action whatsoever with regard to the KENNEDY registration.

It's my understanding that KFC maintains some registrations in the
name KENTUCKY FRIED CHICKEN.

Re: This Is How We Do Summary Judgement For Music Copyright

esqmarty — Wed, 09 Feb 2011 18:36:35 -0000

There were several copies of this song on YouTube; this one appears to be
from 'The Game Channel' and seems to be authorized.

Re: Use-based Applications for SARAH PALIN and BRISTOL PALIN

esqmarty — Mon, 07 Feb 2011 11:54:15 -0000

I'm aware. The applications are filed by the same attorney. I'm
assuming that Sarah Palin was responsible for the selection of the
attorney, and not the daughter.

Re: More Carrots, Less Sticks For Better Health

esqmarty — Fri, 13 Aug 2010 15:49:08 -0000

More Carrots, Fewer Sticks. Fewer when referring to countable elements, Less awhen referring to a single amount. as in "Fewer Calories, Less Filling."

Great blog, nevertheless.

Re: MIx-in's as Grey Goods: Identifying Third-party Ingredients By Brand Names

esqmarty — Wed, 28 Jul 2010 10:26:37 -0000

There's a fair use right to truthfully describe an ingredient or component. The most common way to challenge this fact pattern is to allege that defendant has exceeded that fair use right so as to go beyond fair use and deceptively suggest endorsement. This complaint is unusual in the sense that it adopts the 'grey goods' theory that if the defendant has materially altered the good, it can no longer truthfully use the mark. Perhaps vendors should say "Our toppings start out as . . . "

Re: Can We Learn Anything From The .JOBS TLD?

esqmarty — Wed, 16 Jun 2010 11:17:14 -0000

approved

Re: Sovereign Military Hospitaller Order of Saint John of Jerusalem of Rhodes and of Malta v The Sovereign Order of the Orthodox Knights Hospitaller of Saint John of Jerusalem

esqmarty — Wed, 19 May 2010 13:58:18 -0000

Approve.

Re: Our Firm Obtains Injunction On Behalf Of Music Publishers

esqmarty — Tue, 18 May 2010 09:14:40 -0000

Sheet music sales.

Re: Milkcrate v Nike LeBron Soldier II Featuring Milkcrates

esqmarty — Mon, 03 May 2010 08:13:56 -0000

Delete.

Re: JAy Z Has 99 Problems and David Ortiz Is Two Of Them

esqmarty — Fri, 16 Apr 2010 10:53:49 -0000

Article 6bis of the Paris Convention is indeed a starting point for the discussion, and the DR has been a member of Paris since 1890. However the scope (and enthusiasm) of famous mark protection varies from country to country (see http://www.schwimmerlegal.c... for discussion of one large scofflaw country) so I wanted ot hear what a local lawyer thought about Jay Z's chances (assuming he didn't have a prior reg.)

Re: Easter Monday Is 'Civility Among Lawyers' Day

esqmarty — Mon, 05 Apr 2010 17:16:48 -0000

It's real if you believe in it.

Re: It's Certainly Not Contaminated By Cheese

esqmarty — Tue, 08 Dec 2009 13:12:53 -0000

I'm not sure what you mean by flip-side. It can be argued that this
is the same 'problem': An entity whose interests may or may not be
aligned with the interests of the region, controls use of the region's
name as an appellation, thus perhaps freezing out producers in the
region.