Elizabeth Rader's blog

Winning at Cards

Kudos to my old friends from my New York days, Russ Falconer, Steve Gustavson and Paul Reilly, who just won a trademark case and successfully proved "smart card" is generic. According to the New York Law Journal the Court found that MasterCard's use of ONESMART for smart cards does not infringe a trademark in SMARTONE for smart cards, as the marks are used.

Reading Between The Lines

Ernest Miller has annotated the RIAA's letter to the senators supporting the INDUCE act. The letter's on the long side and the comments- some astute, some snarky, make it longer, so there's already an abridged annotated RIAA letter here. I'm still mulling over whether this kind of annotation is an effective form of argument.

This is where the problem is with movable type.

where you don't care about something you have nothing to say.

Fish ginger has some funny looking streaks on his skin. checking robyn's page for information.

Slow News Day?

I'm puzzled by the coverage of the Councilman case, for example, today's story in Wired News. The news spin seems to be that the Court found it completely legal for an ISP owner to read his customers' e-mails because they were on his system. But that's not what the Court decided. The Court simply held that the defendant was not criminally liable of a very specific federal criminal charge- wiretapping because he didn't "intercept" anything as that term is properly construed in the wiretap statute.

Oral Argument in Gator.com v. LL Bean

I went to the en banc argument in the 9th Circuit yesterday. I've been thinking of this as an Internet jurisdiction case, but now I'm thinking of it more as a declaratory judgment jurisdiction case. Of course, it is both.

Tiffany Twisted over knockoff auctions

Tiffany & Co. has sued eBay for allowing "fake" Tiffany jewelry to be sold via its auctions. Here's the Complaint filed in the Southern District of New York. Download file. eBay has programs rights owners can use to report infringing activities, but these put some burden on the rights owner to police the site and find the bad actors.

Government Moves For Summary Judgment

Today the Government filed a Motion for Summary Judgment. (sorry about formatting glitches in the PDF- this is how the Govt. sent it to us in a courtesy e-mail). The Government argues that the Court can decide the case as a matter of law, without the need to hear any testimony or decide any issues of fact.

New Lawyers for Bikram

News in OSYU v. Choudhury, the yoga copyright case.
Bikram's current lawyer, Robert Ungar, has informed us that Bikram has decided to substitute in new new counsel (early this year he substituted Mr. Ungar for lawyers at Akin Gump) in the litigation. I'll post again when we learn who the new lawyer(s) will be.


Subscribe to RSS - Elizabeth Rader's blog