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  • A player's right of publicity in sports statistics

    MLB already tried to claim copyright over baseball statistics , an argument that doesn't hold much weight since facts are not subject to copyright. Glenn Mitchell has an interesting article about the opposite situation - players claiming ownership under the right to publicity. The right to publicity...
    Posted to Tim Marman's Loosely Coupled (Weblog) by Tim on 01-02-2007

  • TWiL is finally out, and it's excellent

    The first episode of TWiL (This Week in Law), Denise Howell 's new podcast on the TWiT network, is (finally) out . It is excellent, which should come as no surprise given how good her previous efforts with Bag and Baggage and Sound Policy were. This episode features special guest Hank Barry along with...
    Posted to Tim Marman's Loosely Coupled (Weblog) by Tim on 10-24-2006

  • The Role of Copyright in Fashion

    Mike questions why we should introduce new IP rights in an already competitive market , asserting that "a lack of intellectual property protection actually [benefits the fashion industry]". While big name designers saw cheap knockoffs hit the shelves quickly, that only helped to drive more innovation...
    Posted to Tim Marman's Loosely Coupled (Weblog) by Tim on 09-18-2006

  • More on the Web 2.0 Trademark

    Marty illustrates (quite literally) the problem with the Web 2.0 trademark. Marty argues, as I did before, that the mark is generic and thus unprotectable. He points out though that this was not just genericide, but "self-induced genericide". Before all of this happened, Alex realized the unifying theory...
    Posted to Tim Marman's Loosely Coupled (Weblog) by Tim on 06-16-2006

  • The Web 2.0 Trademark Debacle

    There has been a bit of controversy over O'Reilly's "Web 2.0" service mark cease-and-desist letter and their subsequent "we had to" response . I'd say Mike Arrington correctly predicted the lynching , though some are defending O'Reilly . ( Scoble is just upset he's no longer the King of Evil ). Fortunately...
    Posted to Tim Marman's Loosely Coupled (Weblog) by Tim on 05-26-2006

  • Trademark Attribution for Dummies

    I was curious/shocked when I first read Jason's post last month that Wiley was demanding attribution for use of the FOR DUMMIES mark. Martin Schwimmer said it's not really a demand letter though . Wiley's letter is not a demand letter in that it doesn't allege an infringement of rights and doesn't demand...
    Posted to Tim Marman's Loosely Coupled (Weblog) by Tim on 03-14-2006

  • Trade dress, literally

    Susan at Counterfeit Chic discusses a trade dress dispute between Hooters and Winghouse. According to the District Court, 347 F. Supp. 2d 1256 (M.D. Fla. 2004), the claim fails as a matter of law because the Hooters Girl in uniform is primarily functional. And we're not talking about serving food and...
    Posted to Tim Marman's Loosely Coupled (Weblog) by Tim on 03-10-2006
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