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Trademark: The tort of choice for censors
,----[ Quote ]
| That wonât stop a wealthy plaintiff, though
| â and whoâs wealthier these days than public
| employee unions? â from suing, however.
| After all, thereâs pretty much never fee-
| shifting in defendantsâ direction under the
| Lanham Act, although the statute does
| provide for it (or for that matter for
| frivolous copyright claims) But good luck
| on that.
|
| So trademark infringement remains the legal
| claim of choice for those seeking to shut
| down smaller, poorer message opponents.
| File yours today!
`----
http://www.likelihoodofconfusion.com/?p=3537
Chamber Sues the Yes Men
,----[ Quote ]
| The Chamber of Commerce is suing the Yes Men
| over the parody press conference the group
| pulled off last week.
|
| The Chamber has filed a civil complaint in
| the US District Court of Washington, DC,
| accusing Yes Men Jacques Servin and Igor
| Vamos (also known as Andy Bichlbaum and Mike
| Bonanno, respectively) of trademark
| infringement, unfair competition and false
| advertising. The Chamber's suit also lists
| several members of the DC-based activist
| group the Avaaz Action Factory as co-
| defendants. The conduct of those who
| organized the event was "destructive of
| public discourse," the Chamber argues.
`----
http://www.motherjones.com/mojo/2009/10/chamber-take-yes-men-court
Recent:
Chamber Of Commerce Sues Yes Men; Someone Just Gave Protestors A Lot More Attention
,----[ Quote ]
| While we weren't sure that the EFF was
| correct in suggesting the Yes Men's fake
| U.S. Chamber of Commerce website was a
| parody, we did think that it was rather
| short-sighted of the CoC to try to takedown
| the site, since it would only serve to give
| the Yes Men and their anti-CoC campaign more
| attention.
`----
http://vannevar.blogspot.com/2009/10/windows-7-trust-me.html
Latest Bogus DMCA Takedown Sent By NPR?
,----[ Quote ]
| This is quite similar to when CBS tried to
| stop the McCain campaign from using a
| snippet of a broadcast in an ad. In both
| cases it seems that the use is a clear
| situation of fair use, with the content not
| being used for commercial reasons (yes, we'd
| like to believe that politics still isn't
| commercial) and only a snippet was being
| used.
`----
http://techdirt.com/articles/20091026/0353226673.shtml
Harry Potter themed dinner banned for 'infringing copyright'
,----[ Quote ]
| A Harry Potter themed dinner at a house in
| West London has been banned by Warner
| Brothers, because they say it infringes its
| copyright.
`----
http://www.telegraph.co.uk/culture/harry-potter/6429879/Harry-Potter-themed-dinner-banned-for-infringing-copyright.html
EFF Warns Texas Instruments to Stop Harassing Calculator Hobbyists
,----[ Quote ]
| The Electronic Frontier Foundation (EFF) warned
| Texas Instruments (TI) today not to pursue its
| baseless legal threats against calculator
| hobbyists who blogged about potential
| modifications to the company's programmable
| graphing calculators.
|
| TI's calculators perform a "signature check"
| that allows only approved operating systems to
| be loaded onto the hardware. But researchers
| were able to reverse-engineer signing keys,
| allowing tinkers to install custom operating
| systems and unlock new functionality in the
| calculators' hardware. In response to this
| discovery, TI unleashed a torrent of demand
| letters claiming that the anti-circumvention
| provisions of the Digital Millennium Copyright
| Act (DMCA) required the hobbyists to take down
| commentary about and links to the keys. EFF
| represents three men who received such letters.
`----
http://www.eff.org/press/archives/2009/10/13
Ralph Lauren And Its Lawyers Discover The Streisand Effect On Bogus DMCA Takedown
,----[ Quote ]
| Boing Boing put up a post about it, along with the tag
| line "Dude, her head's bigger than her pelvis." While
| some have questioned whether the ad is even real, one
| thing is clear: Ralph Lauren was not pleased. The
| company's lawyers at Greenberg Traurig sent DMCA takedown
| notices concerning both posts. Despite Blogger's new DMCA
| policy, Google still quickly took down the post at
| Photoshop Disasters, causing the site to ask whether or
| not Ralph Lauren or its lawyers have ever heard of the
| Streisand Effect (yay). BoingBoing's host, however,
| doesn't automatically take content down and passed along
| the info to BoingBoing, who quickly pointed out that this
| was clearly fair use (commentary, criticism, etc.) and
| the DMCA takedown wasn't being used to stop infringing
| content, but to stifle speech.
`----
http://techdirt.com/articles/20091006/2245076436.shtml
EFF: Chamber of Commerce Takes Aim at Yes Men
,----[ Quote ]
| Attorneys for the U.S. Chamber of Commerce
| have issued a takedown notice in an attempt
| to silence a parody website that was posted
| in support of the Yes Men's embarrassing
| prank poking fun at the Chamber's stance on
| climate change legislation.
|
| In a letter sent to the Chamber's attorneys
| today, the Electronic Frontier Foundation
| (EFF) demands that the baseless claims be
| withdrawn immediately.
`----
http://www.eff.org/press/archives/2009/10/22
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