Recent Articles

Digital Car Models Not Sufficiently Creative? I Disagree.

Brad Frazer
September 04, 2008 17:09

A recent 10th Circuit case, Meshwerks v. Toyota (see case here: http://www.keepandshare.com/doc/view.php?id=785238&da=y) held that digital models of Toyota cars and trucks were not sufficiently original or creative to warrant copyright protection. The appeals panel agreed with the trial...

New Open Source Opinion has People Talking. Why?

Brad Frazer
August 14, 2008 15:56

There's a new opinion from the Federal Circuit that lots of people are talking about called Jacobsen v. Katzer, et al. (opinion here:http://www.keepandshare.com/doc/view.php?id=749026&da=y), saying that it is a "victory for supporters of free software." See, e.g.,...

"Cuil it?" I Don't Think So.

Brad Frazer
July 29, 2008 23:40

When I teach trademark law classes, I always advise that students select strong protectable marks, and the class invariably balks because they want to select marks that suggest or connote something about the goods or services at issue. That, I tell them, is the touchstone of a weak mark, and for...

Adobe Sues Over eBay Sales

Brad Frazer
July 25, 2008 21:32

A lawsuit was filed on July 23, 2008, in the Northern District of California for copyright and trademark infringement arising from the sale of allegedly pirated software on eBay. The docket sheet is here: http://www.keepandshare.com/doc/view.php?id=712609&da=yI cannot download the complaint...

Have Metatags Lost Their Relevance in Trademark Disputes?

Brad Frazer
May 21, 2008 16:24

In Standard Process v. Banks (opinion here: http://www.keepandshare.com/doc/view.php?id=587686&da=y), the court held: "Dr. Banks [admittedly] used Standard Process trademarks in the metatags of his website. However, today 'modern search engines make little if any use of metatags.' [Citations...

Attention All You Kazaa Users!

Brad Frazer
May 21, 2008 15:32

A federal court in Arizona has denied RIAA's motion for summary judgment, rejecting the "making available" theory of copyright infringement, in an action against two Kazaa users, who appeared pro se. In Atlantic v. Howell, the court held: "The court agrees with the great weight of authority that...

Another CDA Case--Roommates.com

Brad Frazer
April 04, 2008 14:34

It's been an interesting few weeks for CDA cases. Earlier, the 7th Circuit found that the CDA insulated Craigslist from liability under the Fair Housing Act. See my March 17 post, below. Then, a New Hampshire court said that the CDA did NOT insulate from claims arising under the right of publicity....

A Chink in the CDA Armor?

Brad Frazer
April 03, 2008 15:57

A New Hampshire federal court has ruled that a state-law right of publicity claim against a Web service, arising from material posted by a third-party user, is not subject to dismissal under Section 230 of the Communications Decency Act. The court rejected the Ninth Circuit's reasoning in Perfect...

Muxtape, Mixwit and the RIAA

Brad Frazer
April 01, 2008 22:24

OK, how is this NOT copyright infringement? Checkout http://muxtape.com/ and http://www.mixwit.com/. Cool idea, right? Share your mix tapes? You can try to rely on the DMCA, but if they're betting the farm on that they better read Grokster again. See...

CDA Insulates Craigslist

Brad Frazer
March 18, 2008 14:45

The 7th Circuit has applied the Communications Decency Act to insulate Craigslist from liability under the Fair Housing Act. Another example of the breadth of the CDA (47 U.S.C. Section 230). The opinion is here: http://www.keepandshare.com/doc/view.php?id=462882&da=y