Joel Meyerowitz's Saving the Wall That Saved New York convinces me that Libeskind's focus on the bathtub may be the right design for NYC. [NYT]
Is it Dilution or Fair Use?
"However we use or title the piece, we'll be using it within the boundaries of fair use of trademark law. By saying 'Women of Starbucks,' that's using it an a descriptive manner within the boundaries of fair use." [Playboy's Theresa Hennessey] Playboy looking for Women of Starbucks [Yahoo]
February 27, 2003
More thoughts on Google v. WordSpy:
"Perhaps I have been 'brainwashed' by representing trademark holders for the past few years, but they often send notices regarding proper use and they shouldn't be faulted for trying to protect their rights." You can't google GOOGLE [Actual Malice]
Google Village discusses the lexicography behind google and why WordSpy's definition is wrong. Can Google Inc., expunge this new verb [Google Village]
Feds Seize Domain Name for DMCA Violation
Michael Chertoff, the assistant attorney general for the DOJ's criminal division, said in a statement. "He thought that there were no risks associated with his actions. He was wrong, and everyone engaged in the warez scene should take note." [c|net] More on govt-related takedowns.
Update: Apparently, the site is back online. [pcworld]
February 26, 2003
Did Google just win the search engine wars?
No, but they were awarded this nice patent that "governs methodology for parsing through Web documents to deliver Web surfers the most relevant pages for their queries." Is that page rank? Google lands Web search patent [c|net]
Anil Dash:
"everyone whining about creative commons licenses can just shut up and keep their stuff copyrighted: I don't want to reuse your boo-hoo anyway." It's ok Anil, TPH sets em straight and someone else agrees.
Parody Site Adjusts Content
after government lawyers, on the taxpayers' dime, send letter, apparently not happy about this. Cheney Hates Parody of Wife; White House Lawyers Threaten Website [Dan Gillmor via rco]
Back in the 20th Century
this was considered trademark dilution. Pony Adds to Its Maverick Image [NYT]
He's a slave to Google:
"In the meanwhile, Google does me (and the Internet) much more good than harm." [Trademark Blog] Web Sites Try Everything To Climb Google Rankings [WSJ]
I wouldn't go this far:
"And we'll kill ourselves too if our Google Pagerank score ever goes below 7/10". [Gawker] Chef 'suicide' after critics' attack [Actual Malice]
February 25, 2003
Cellophane, Aspirin, Thermos, Google?
Apparently, the operator of the web site Word Spy, a site devoted to recently coined words and phrases, uses google as a verb, which annoyed Google sufficiently that they had their lawyers draft a note (not a true cease and desist letter) to Paul McFedries of Word Spy asking him to:
help us to protect our brand by deleting the definition of "google" found at wordspy.com or revising it to take into account the trademark status of Google.Now, McFedries wants to know what he can do and the slashdotters are up in arms that Google is demanding it be removed. Has Google already become generic? (Where's Marty when you need him?) Although, the public may have adopted the term 'google', which can sometimes lead to genericide for a mark, as in "I'm googling the guy/gal I met on craig's list" (imagine my surprise when my mom told me she had googled me), Google's careful use of the mark as a brand name, rather than descriptively, as well, as their proclivity to enforce it (as here) bode well for preserving the trademark's value as a "brand name." [ABCNY]
I don't think you need to be a lawyer to solve this one. Google has proposed two options: 1) delete the definition of "google" or 2) revise it to take into account the trademark status of Google i.e. as McFedries says "acknowledge that Google(tm) is a trademark of Google Technologies Inc.?". [Thanks to a mad tea-party for pointing me to this issue.]
Update: Frank Abate, Kottke and Boing Boing whine in. Big Media just threw in their two cents. Actual Malice rights the cart.
Congratulations to the blawgers
profiled in Lawyers who 'Blawg' -- Attorneys Are Finding Fans (and Some Fame) Posting Legal Commentary on the Net in the March ABA Journal.
February 24, 2003
Interesting side effect of Google's Pyra purchase
pointed out by Jonas:
you may not use the search results provided by the Google Web APIs service with an existing product or service that competes with products or services offered by Google....this paragraph would preclude both Userland and MT users from using Google-API functionality on their blogs.
Wanted: Enterprising Anti-Spammers
Live in the U.S.? Hate Spam? Want to do something about it? Try Using Junk Fax Laws to Defeat Spammers. [via Slashdot]
More Spam:
This Securities and Exchange Commission press release states that the agency filed suit in the U.S. District Court for the Eastern District of New York against Samuel Aaron Meltzer ("Meltzer"), referred to as a "professional Internet spammer," for committing securities fraud via the Web (SEC v. Meltzer, E.D. N.Y., Action No. CV 03 770 (Judge Denis R. Hurley), 2/18/03). Meltzer is alleged to have used spam and more than two dozen websites to promote penny stocks about which he made "made false and misleading representations." The complaint is here. [beSpacific]* How to Sue Spammers [Purple Cow]
Kevin J. Heller, Esq.
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