Monthly Archive: May 2006

The FTC has ordered Sunmark to pull its matchmaking advertising campaign because the ad misleads consumers into thinking that the company has a higher marriage rate than it can prove. The ads amounted to false advertising, under Section 5 of the FTC Act. Sunmark, which operates a matchmaking service, ran advertisements in national magazines in …

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Permanent link to this article: http://cobaltlaw.com/sun-life-gets-hitched-to-false-advertising-violation-by-ftc/

Just when we were getting comfortable with sorting out the multiple layers of ownership and contribution in the faux Open Source world, the South San Francisco Democrat, Gene Mullin has decided that California needs a state “Office of Intellectual Property”. This new office would act as the broker and auditor of state funded research that …

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Permanent link to this article: http://cobaltlaw.com/copyright-is-mixed-use-and-now-for-the-mixed-ownership/

Dorley Kindersley was getting ready to publish a cultural history of the Grateful Dead illustrated with over 2,000 images. Seven images of concert posters were thought to be the perfect chapter heading. Dorling Kindersley approached the Bill Graham Archives to use the posters; and permission was refused. Notwithstanding that ‘not only ‘no’, but ‘hell no” …

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Permanent link to this article: http://cobaltlaw.com/asking-permission-not-a-bar-to-fair-use-defense/

If you haven’t got a copy of today’s New York Times magazine in which the cover article is “WHAT WILL HAPPEN TO BOOKS? Readers take heart! (Publisher, be very, very afraid.) Internet engines will set them free.” You will want to read it. The author isn’t as informed on copyright law or its history as …

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Permanent link to this article: http://cobaltlaw.com/we-know-about-copyrights-but-copyduties/

R.J. Reynolds has agreed to pay $5 million to finally settle a lawsuit brought by the California Attorney general over the company’s practice of giving cigarette’s away at public events. Reduced from the $14.8 million dollar judgment originally awarded, the settlement means the parties avoid a costly appeal. Federal law prohibits free distribution of cigarettes …

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Permanent link to this article: http://cobaltlaw.com/rj-reynolds-gets-smoked-over-california-give-away/

Habeeba’s Dance of the Arts, Ltd. (“Habeeba”), which provides dance instruction and performances under the mark HABEEBA, sued dance instuctor Susan Knoblach and the YWCA for, inter alia, trademark infringement and contributory trademark infringement. The YWCA rented space to Knoblach so she could teach dance classes, all of which were taught under the mark HABIBA. …

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Permanent link to this article: http://cobaltlaw.com/ywca-dances-into-contributory-infringement-claim/

Gregory Colbert, the Canadian film author of “Ashes and Snow”, was watching the Superbowl this year when the frequency of animals in advertising (Clydesdales, monkeys….). Animals seemed the necessary equation to an ad being popular and also represented the closest interaction most people had with animals. Colbert has called friends far and wide with the …

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Permanent link to this article: http://cobaltlaw.com/animal-copyrights-got-certification-mark/