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Posts Tagged ‘trademark’

Beck

Most people outside the software industry probably assume that when they pay money in exchange for a package of software, they have just purchased that software. In Vernor v. Autodesk, the Ninth Circuit today cast that assumption into doubt. The court held that Timothy Vernor, who purchased authentic, second-hand copies of software at garage and office sales to sell on eBay, did not own that software and thus had no right to resell it.

Public Citizen represented Vernor in his case against software-publisher Autodesk, which claimed that reselling the software on eBay was copyright infringement. The district court agreed with Vernor and rejected Autodesk’s copyright argument, holding that Vernor had a right to resell the software under copyright’s first-sale doctrine. The first-sale doctrine holds that the “owner of a particular copy” of a copyrighted work has the right to resell that work without permission of the copyright owner. The doctrine dates from a 1908 Supreme Court decision in which the Court held that a book publisher could (more…)

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A New Jersey man who was left legally blind after supposedly botched lasik eye surgery decided to criticize his surgeons online to inform others of his dissatisfying experience. He ran into more trouble than he anticipated, though, after sticking the surgeons’ names in the domain name.

The surgeons, Herbert Nevyas and Anita Nevyas-Wallace, who have offices in Pennsylvania and New Jersey, sued the patient for trademark violation. Public Citizen attorney Paul Alan Levy, who is representing the patient in the U.S. District Court for the District of New Jersey, says that argument doesn’t fly.

“The domain names in question do not violate the Nevyases’ rights under trademark laws, and their efforts to obtain the names constitute reverse domain name hijacking,” he said. “The Nevyases’ attempts to close the website stifle [the patient’s] free speech rights.”

Find out why.

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Ok, stop me if you’ve heard this one. A Republican walks into a bar with a duck under his arm. He turns to the bartender and . . . Oops. I forgot. The GOP is a few funny bones short of a sense of humor these days. As Public Citizen attorney Paul Alan Levy writes on the Consumer Law & Policy Blog, the Republican National Committee is in a huff over some T-shirts and bumper stickers that bear their Elephant logo or the acronym “GOP.” It seems the RNC has trademarked both logo and name and they’re threatening to sue the folks over at CafePress.com for allowing its users to sell shirts both supporting and making fun of Republicans. (more…)

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