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15 Feb, 2008 4:42 am
... a "close case," the Board sustained a Section 2(d) opposition brought by Mattel, Inc. against registration of the mark SOCK-UM for a "game where a labeled mat is placed on
the ground or ... the other half of the mat." The Board found the applied-for mark confusingly similar to the registered marks ROCK'EM SOCK'EM
ROBOTS and ROCK'EM SOCK'EM for ... Board first rejected Mattel's assertion that its mark ROCK'EM SOCK'EM ROBOTS is famous. Although the mark has been used for several
decades, the record did not ...
24 Jun, 2008 10:00 am
... merely descriptive of the goods, and the Board agreed. In re Maplegate Media Group, Inc., Serial No. 78814834 (June 10, 2008) [not precedential]. (click on photo ... internet
address, with BOTMAG providing information about applicant's goods, and the term ROBOT, which is at a minimum descriptive of applicant's goods, and, as evidenced by applicant's
... Do you think that this specimen displays trademark use of the applied-for mark WWW.BOT.MAG ROBOT? I don't. But the PTO did not raise
that objection. Text ...
8 Aug, 2007 9:46 pm
... that effectively controls access to a work protected under this title." The gist of the argument is that Healthcare Advocates had in place on its website a robots.txt file
instructing the Wayback Machine's web crawlers not to archive the site (read: a ... Advocate's complaint. For those DMCA fanboys out there who will cite this one as proof that the
dangerous provisions of the DMCA will be applied sensibly, I say this: how might this have turned out if the defendant hadn't been a law firm?
What if ...
17 Aug 10:44 am
... (Framingham, MA; Renuka Patel, President) Abe's Complete Auto Service, Inc. (Cambridge, MA; Eddie Lakkis, President) Abington Community Access And Media, ... (Florence, MA;
Carol Scheurer, President) Apperian, Inc. (Boston, MA; Charles Goldman, President) Applied Cleaning Solutions, Inc. (Worcester,
MA; Howard Gordon, President) ... Souza, President) Chapa Quente Restaurant, Corp. (Marlborough, MA; Rodrigo Soares, President) Chef Robotics, Inc. (Somerville, MA;
Oleksiy Pikalo, President) Chicopee Tradings ...
19 Feb, 2008 10:33 pm
... new context. In fact, thinking of cyberspace as an actual place has led the law to apply physical assumptions about property in this new abstract place. Thinking of
cyberspace as communication is problematic ... must tolerate speech we do not like. - eBay, Inc. v. Bidder's Edge, Inc., 100 F. Supp. 2d 1058 (N.D ... website, the
defendant, a company that compiles online auction information, used such software robots (computer programs operating across the internet searching, copying and retrieving
websites ...
28 Aug 8:25 am
Hizook.com, "the robotics news portal," relates an unfortunate incident: Hizook.com has received an amazing flurry of activity in the last 10 days. We made it to the front page
of Slashdot (twice!), Reddit (twice!), Engadget ... the lost ad revenue. The above analysis applies to goods, rather than services, but two points weigh in Hizook's favor: first,
the original RRX Indus., Inc. opinion itself found a software system to be a "good," and, second, a number of courts recognize the same analysis for ...
28 Dec, 2007 1:00 am
... infringe Eisai's composition of matter patent: (SmartBrief) Effexor (Venlafaxine) - Sun Pharmaceutical Industries Ltd applies for approval to sell a drug with the same active
ingredient as Wyeth's Effexor XR, but in extended ... and Affymetrix: (Yahoo Canada Finance), (RTT News), iRobot Corp. - iRobot wins patent suits against former employee Jameel Ahed and
his company, Robotic FX, Inc.: (Fox Business), (Business Week), Marriott - Third Circuit considering how to analyse false celebrity endorsement ...
16 Feb 3:48 pm
... is played. Glider, which is owned by MDY Industries, is a program known as a "bot", short for "robot", which "plays" WoW while the owner is away from his computer. Blizzard
alleged that ... to the Blizzard server is controlled by Warden, the Court found that Section 1201(a)(2) does apply. By permitting a user to bypass Warden and gain access to
Blizzard's servers, the ... com. Notes: Fn1 MDY Industries, L.L.C. v. Blizzard Entertainment, Inc., et al., Central District of Arizona, Case No. CV-06-2555-PHX- ...
24 Jul, 2007 10:21 am
Healthcare Advocates Inc. v. Harding, Earley, Follmer & Frailey (E.D. Pa. 2007): The court dismissed copyright infringement, DMCA, and Computer Fraud & ... apparent
glitch, the IA's servers were not at the time checking to see if a robots.txt header had been added to previously archived material, as it had been to ... 's reasoning not
apply? I worry about the next stupid lawsuit when someone sues the Internet Archive for having malfunctioning servers that don't always respect robots.txt. (IA was ...
29 Nov, 2007 7:03 am
... Currently, Google Inc., Yahoo Inc. and other top search companies voluntarily respect a Web sites wishes as declared in a text file known as "robots.txt," ...
photos without permission. Google claimed that "fair use" provisions of copyright laws applied, though it eventually settled a lawsuit with
Agence France-Presse and agreed to pay ... including scholarly journals and other items requiring subscriptions. […] Like the current robots.txt, ACAP's use would be voluntary,
so search engines ultimately ...
9 Oct, 2007 6:22 am
... proceedings so that the district court can follow the appropriate steps. Regarding the sanctions, the CAFC applied 9th Circuit law on Rule
11 and stated that a party filing a patent ... claim of each patent so asserted." View Eng'g, Inc. v. Robotic Vision Sys., Inc., 208 F.3d 981, 986 (Fed. Cir. ...
benefit of a Markman hearing, the CAFC vacated the sanctions as well: Although the district court applied the correct standard in addressing
Flagstar's motion for sanctions, we conclude that its assessment ...
10 Jun 2:17 am
... was for the supply and development of a navigational aid to be built into future generations of high-tech robotic devices for complex, minimally invasive operations. In
finding in Hansen's favor, the jury said that any intellectual ... battle with Hansen Medical Inc. continues, Luna's chief operating officer said there is no bad blood between
the two companies and he would be willing to work with Hansen to apply Luna's technology to Hansen's medical device. "We would like our technology to be used ...
21 Oct, 2007 4:45 pm
By Eric Goldman Ticketmaster L.L.C. v. RMG Technologies, Inc., 2007 WL 2988403 (C.D. Cal. Oct. 16, 2007) You may remember Ticketmaster' ... infringement. One of the key Qs is how
RMS's software differs from other search engine robots. The court skirts this Q, simply pointing to Perfect 10 v. Amazon as excusing the cache ... browsing is copyright
infringement and the upholding of Ticketmaster's browsewrap. If other courts apply these principles more broadly, Hannah Montana concertgoers may have gotten a ...
13 Dec, 2007 2:05 pm
... : Veropedia. Google * Webmasters give preference to the Googlebot over other search engine robots in robots.txt files. * Searchers prefer Google results in a blind
taste test. ... the show Boston Legal (the Nov. 13 episode, "Attack of the Xenophobes," episode 74) applied 47 USC 230--correctly!--to dismiss
a lawsuit against YouTube for a defamatory video. ... s clickthrough agreement. Accord: the Hofer and Abramson cases. * Whitnum v. Yahoo, Inc., 2007 WL 2609825 (NY Supreme Court,
Sept. 5, 2007). Woman ...
17 Oct, 2007 1:01 am
... of up to $300. At Firms With 'No Jerks' Rules, Abusive Attorneys Need Not Apply Daily Business Review The effects of abuse in the workplace environment can be harmful, even
devastating ... rate. While his point relates to the fields of computing, genetics, nanotechnology and robotics, the same can be said about the exploding field of e-discovery.
EDD presents the legal ... 3rd Floor, San Francisco, CA 94102 (800) 903-9872. ALM Privacy Policy / Contact Us © 2007 ALM Properties, Inc. All rights reserved. ...
13 Dec, 2007 3:21 pm
... : (1) active on-line data (hard drives, for example); (2) near-line data (typically, robotic storage devices such as optical disks); (3) offline storage/archives (removable
optical disks or magnetic tape ... data is expensive or unduly burdensome often depends on whether it is maintained in an "accessible" or "inaccessible" format, I find that it is
instructive to apply this media based analytical approach in considering whether electronic data is "reasonably accessible" for purposes of the new ...
15 Oct, 2008 10:00 am
... I'm still miffed over the TTAB's ruling that the mark THE TTABLOG is not inherently distinctive. The Board blindly applied its
"telescoping" theory to find mere descriptiveness, ignoring the fact that the parts of a telescope slide smoothly together, while the words " ... " doesn't fit? These same arguments
apply to the Board's robotic affirmance of the PTO's mere descriptiveness refusal to register WIKINVEST for financial information services. In re Nvest, Inc.,
Serial No. 77154507 (October 8, 2008 ...
3 Jan, 2008 11:35 pm
... of the Court's order related to medical bills in W.E. Aubuchon Co., Inc. v. BeneFirst, LLC, No. 05-40159 (Feb. 6, 2007). What makes this case ... 1) active on-line data, such
as hard drives; (2) near-line data, such as robotic storage devices such as optical disks; and (3) offline storage/archives, such as ... cause for ordering the production of the
records since they were not reasonably accessible. After applying a multiple-pronged test, the Court found that the plan sponsor had met their burden to ...
5 Aug, 2008 1:44 am
By Eric Goldman The Cartoon Network LP v. CSC Holdings, Inc., No. 07-1480-cv(L) & 07-1511-cv(CON) (2d Cir. Aug ... certain types of web activity. First, this ruling might
excuse copies made by scrapers/robots who download copyrighted pages to extract unprotectable information on the page. This case suggests that the copies made ... know if you can
figure out what the court was saying here and how it might apply to anyone else. Because the ruling seems to let Cablevision freely broadcast third party ...
29 Sep, 2008 9:00 pm
... v. Samsung, the Ninth Circuit Court of Appeals held that a Samsung VCR commercial depicting a robot dressed to look like Vanna White infringed upon her common law right ...
to make money.[15] In such circumstances, the Missouri Supreme Court decided it must apply a "predominant use" test, wherein it determines whether a specific use has a greater
propensity ... Restatement (Second) of Torts § 652C (1977). [4] White v. Samsung Elec. Am., Inc., 971 F.2d 1395, 1398 (9th Cir. 1992). [5] National Conference ...
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