In the late 80s, some inventors created a device to be worn by rescue workers that would detect whether the rescuer had stopped moving.  They patented it with the assistance of a former attorney of Dallas-based, Akin Gump Strauss Hauer & Feld.  Eventually, the patent went to trial, and the case settled after a finding [...]

In State v. Tody, the judge apparently didn’t think it was necessary to recuse himself or at least allow the defense to strike his mother as a juror.
Judge Eaton presided over the defendant’s jury trial and denied the defendant’s motion to strike Judge Eaton’s mother as a prospective juror… [W]e conclude that the defendant was [...]

In Harris v. Blockbuster, the court scaled back the ability for websites to modify their terms of service with little consideration for users’ assent to those modification.  Many websites have some ridiculous terms of service that allow the site operator to modify the terms without any notice to you.  Apparently, when Blockbuster and Facebook started [...]

Two iPhone App developers are arguing over the usage of the commonly used phrase, “pull my finger” in regards to their flatulence simulators. A number of timing, descriptiveness, and fair use issues come up, and smelliness ensues.

Universal loses yet another argument for content owners against video sites putting more pressure on the Viacom in its copyright infringement suit against Youtube. The court held that transcoding and chunking of video files doesn’t prevent video sites from asserting hosting immunity.

Yesterday, the blogosphere got wind of New Zealand’s “controversial” Section 92 amendment that requires ISPs to disconnect repeat infringers. Various sites are coming out with unqualified sensational opinions of what the legislation actually means.

Psion Teklogix has been sending out Cease and Desist letters for use of their 1990s trademark “Netbook”, but based on the current mass usage of the term, it’s probably generic.

MDY Industries, LLC v. Blizzard Entertainment, Inc., 89 U.S.P.Q.2d 1015, 2008 WL 2757357 (D.Ariz. 2008)
DAVID G. CAMPBELL, District Judge.
*1 Blizzard Entertainment, Inc. and Vivendi Games, Inc. (collectively, “Blizzard”) are the creators and operators of a multiplayer online role-playing game known as World of Warcraft (“WoW”). WoW was released in November of 2004. WoW players control [...]

Coca Cola sued Dixie for trademark infringement for use of the “MarBert the Distinctive Cola” and “Dixi-Cola” brands. The Court found no infringement but still issued an injunction based on unclean hands.

DuPont sued Sylvania for trademark infringement based on usage of the term “cellophane”. The Court found no infringement by genericide.