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Comment Preliminary injunction (Score 1) 211

I guess it would take a litigator to notice this, but it's quite unusual that a preliminary injunction denial would be getting this kind of appellate attention.

In the first place, it was unusual for an interlocutory appeal to be granted from the denial of the preliminary injunction motion. In federal court usually you can only appeal from a final judgment.

Similarly, apart from the fact that it's always rare for a certiorari petition to be granted, it's especially tough where the appeal is not from a final judgment, but just from a preliminary injunction denial which does not dispose of the whole case.

Comment Re:Interesting... (Score 1) 133

In the US, trademarks only extend as far as someone might be confused by their use. It's not a hard black and white line, but you can use "Word" if you wanted to, in an unrelated industry from Microsoft's, provided that nobody thought that customers might be confused and think that your product was, or was in some way related to, Microsoft's. (Obviously since Microsoft is such a big company and does so much stuff, this might be harder than if they were purely in the word processing business.)

A good example is Apple Records vs Apple Computer Corp. There was a lot of argument that went back and forth as to whether Apple Computers might be confused with Apple Records -- which seemed ridiculous at the time, because why would Apple Computer ever get into the music business? So they worked it out and came to a settlement to stay out of each other's turf. That happens very frequently. (It got interesting when Apple-the-computer-company decided to get into the music business; my understanding is that they made Apple Records an offer they couldn't refuse.)

And given how ubiquitous Microsoft's products are -- love them or hate them -- the breadth of their trademarks are probably not unreasonable. A no-name company ought not be able to assert a trademark with any similar breadth, because there's so little chance of confusion.

Comment Re:Use it or lose it (Score 1) 133

Well they are registered in the .com TLD, which is basically United States namespace, so it would make sense that US trademark law would apply at least in terms of the domain name. I doubt some European company would be able to convince a US court to order Verisign to turn over the domain to them.

So at worst, I would think that Pinterest could continue to operate under the "Pinterest.com" domain name; the challenge would be whether they want to advertise in the European market, which might be prohibited without changing their name.

Comment Re:The distinction is minor (Score 1) 223

My wife somehow does...something...to every one of her devices that results in the connection for the charger being exceedingly fiddly. I don't know if she just applies massive pressure to the USB input or what, but the end result is her complaining to me very frequently about how her electronics don't work like they ought to (and for some reason, mentioning that none of mine, which are the exact same model, exhibit this flaw that every one of her devices exhibits, doesn't make her think I've made a valid point and instead gets me in trouble).

This will save me at least an hour of hearing about something I can't fix each week. I'll gladly pay for that :)

Submission + - Google Books case dismissed on Fair Use Grounds

NewYorkCountryLawyer writes: In a case of major importance, the long simmering battle between the Authors Guild and Google has reached its climax, with the court granting Google's motion for summary judgment, dismissing the case, on fair use grounds. In his 30-page decision (PDF), Judge Denny Chin — who has been a District Court Judge throughout most of the life of the case but is now a Circuit Court Judge — reasoned that, although Google's own motive for its "Library Project" (which scans books from libraries without the copyright owners' permission and makes the material publicly available for search), is commercial profit, the project itself serves significant educational purposes, and actually enhances, rather than detracts from, the value of the works, since it helps promote sales of the works. Judge Chin also felt that it was impossible to use Google's scanned material, either for making full copies, or for reading the books, so that it did not compete with the books themselves.

Comment Re:iGoogle Disaster (Score 2) 435

Aw, yeah! You've done it again, Slashdot! Thanks, I've been putting off finding a decent iGoogle replacement. This will do quite nicely. Kind of wish I could find out more about the company behind it, though... Not quite ready to trust them enough to log in to gmail through their widget.

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