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eBay beats Tiffany's in trademark case

Posted by NewYorkCountryLawyer on Monday July 14, @07:24PM (#207127)
2 Comments
User Journal
Tiffany's has lost its bid to hold eBay liable for trademark infringement of Tiffany's brands taking place on eBay. After a lengthy bench trial (i.e. a trial where the judge, rather than the jury, decides the factual questions), Judge Richard J. Sullivan has issued a 66-page decision (PDF) carefully analyzing the facts and legal principles, ultimately concluding that 'it is the trademark owner's burden to police its mark, and companies like eBay cannot be held liable for trademark infringement based solely on their generalized knowledge that trademark infringement might be occurring on their websites'.

Transformes Party - More than meets the eye.

Posted by heliocentric on Sunday May 25, @07:10PM (#203593)
1 Comment
Toys

So, later this year I'm having a birthday due to a new age that ends in a zero. This seems to be a popular time for sorrow and wallowing, but I see it as a chance to have fun for a change. Having recently been through my own wedding and being a part-time wedding photographer, I'm tired of attending other people's parties.

So, this year I have asked for a Transformers party. Now, everyone to be invited will be of an adult age, but we're all still kids at heart.

The reason I am posting this is for quirky party suggestions.

Like, pin the $item on the $creature. Instead of pin the tail on the donkey, should we pin the AllSpark on the Optimus Prime? If were inviting less guys and more girls, it might be fun to play "put some clothes onto that girl from the movie" game. Pfft, like girls would willingly come to a Transformers party in the first place.

What about Transformers-themed adult beverages? Can you think of some good drinks (please include at least a basic outline of the ingredients) with a great Transformers name? Like, I'm thinking something with lemonade and calling it a Bumblebee. Should we mix the Everclear into something and make it a Megatron?

"ME GRIMLOCK, ME DRINK BEER."

I'm asking for all of the Transformers party things like plates and napkins and of course the cake, but can you think of any other items that will be needed to make the party a success?

I'm aware links such as these already:

http://transformers.awestores.com/ttc/transformers-party-supplies/cPath/10251.html

http://www.prettypartyplace.com/kid-birthday-party-supply-transformers.html

http://www.parties4kids.com/birthday_partysupplies_cat/transformers_mtv-Transformers.html

And this set available at target, seems like a perfect place for us to start from, but none of these really tell you how to have a party other than to just buy some stuff and let the party happen. Thus, I'm seeking out the nerdiest bunch I know: slashdot.

Suggestions don't have to be limited to the recent theatrical live-action Transformers, the first generation is great, too.

You've got the touch! Now, make the suggestions.

Please Critique My New Web Design

Posted by MichaelCrawford on Saturday April 12, @03:18PM (#200736)
2 Comments
User Journal
Please critique my website's new design. You can post your comments in reply to this journal or email them to michael@geometricvisions.com.

I just completed the first phase of what will be a two-phase redesign of the website I use for my creative activities - music, writing, art and photography. I'm taking the site a lot more seriously than I used to, as I'm working hard at making a career change from software engineering to music. My site is:

My work so far focusses primarily on improving brand-name recognition of my stage name: Michael David Crawford. I include my middle name to avoid confusion with a famous actor who is also named Michael Crawford. Just in the last three months, analysis of my log files tells me that people are starting to find my site by entering my stage name into search engines. I want to encourage that.

It's a lot better than it was, but could still be improved. I'll do the second phase of the redesign after your critique. I also emailed all my friends and family about it, and will be asking for comments at Kuro5hin, where I'm a prominent member, as well as at Webforumz.

The site will be at a new domain when I roll out the second phase: michaeldavidcrawford.com. I'll put a redirect at the old domain so old links work, and (hopefully) so I can preserve my search engine position. My current domain is named after my first piano album, Geometric Visions, but I hope to have many albums someday.

All but four of the sixty-eight pages are XHTML 1.0 Strict. Two are transitional, because of a Google search form and a web ring navigation pane. Two of the pages are XHTML+RDFa; I had to do some hacking to get the RDFa pages to validate while still working in Internet Explorer. (The RDFa is used for Creative Commons license metadata - I've been placing a lot of my work under CC licenses.)

Internet Explorer also required a javascript hack to support captions inside of the frames I've placed around all the images; the hack replaces the frame's div with a one-cell table. Otherwise the frame would stick to the right and left sides of the window. My CSS and all but one of my pages are valid. The one invalid page is my custom 404 page, and it's because of the Google search form. The AdSense Terms and Conditions don't allow me to alter their markup, so I'm forced to be invalid if I use AdSense for Search!

I'd like advice as to how I could best place an AdSense for Search form on every page - but I won't actually do so until Google revises their markup so it's valid. I've had some conversations with AdSense support about it; I think it will happen but probably not soon.

There are just two tables on the whole site: the alternating left-right index on my homepage is a two-column table, as well as the web ring navigation pane on my telescope making page. I realize I could implement the homepage index as a bunch of divs, but the current implementation seems to make more sense to me, as well as being more reliable for older browsers.

I plan to add more items to the navigation in phase two. To provide the needed real estate, I'm going to replace my explicit email address with just the word "Contact". It will still be an email link, but will be spam-protected by implementing it in javascript. The Contact link will lead to a contact form page if you have Javascript disabled.

I'll be making my site fully accessible, as well as improving SEO in phase two. I have some experience with SEO but I'm by no means an expert. All the pages that I've worked to optimize so far have meta description tags, but most others don't.

My music pages will be reorganized, with my main music page being replaced with a bio, some photographs, and links to all the other music pages. My album Geometric Visions will be placed in a subdirectory (music/geometric-visions). Each of my new albums will have their own page. I'll also place my sheet music on its own page.

There's not much content on the drawing, painting and photography pages yet, but I'm finding that the few images I do have are getting a lot of referrals from image search engines. I'll be adding a lot of photos in the coming weeks. I won't be able to add my other drawings and paintings until I can get them out of storage on the opposite coast, which won't be for a long time.

I have a print-specific stylesheet. It hides the navigation, and makes links look like regular text. On most of the pages that use it, it adds a header to hardcopies explaining where the original can be found online. Try a Print Preview of this page for an example.

I didn't think of it until just now, but the printing code for phase two will keep my logo on hardcopies, while hiding the rest of the header. The print logo will have a white background - the screen logo has a gray background to match the body color; I don't use transparency because it's a PNG, and old Explorer versions don't render PNG transparency correctly.

The navigation in phase two will be implemented as Server-Side Includes; the current navigation was pasted into every single page. Having five websites, I've done site-wide navigation changes the hard way so many times that I finally decided to get help on how to do it the easy way.

Well that beats the subject completely to death . Thanks for your help!

-- Mike

Dow Jones MarketWatch likens RIAA to the Mafia

Posted by NewYorkCountryLawyer on Thursday March 20, @11:11AM (#198962)
11 Comments
User Journal
According to commentator Therese Polletti at Dow Jones MarketWatch, "the RIAA's tactics are nearly as bad as the actions of mobsters, real or fictional. The analogy comes up easily and frequently in any discussion of the RIAA's maneuvers." Among other things she cites the extortionate nature of their 'settlement negotiations' pointed out by Prof. Bob Talbot of the University of San Francisco School of Law IP Law Clinic, whose student attorneys are helping private practitioners fight the RIAA, the illegality of the RIAA's use of unlicensed investigators, the flawed evidence it uses, and the fact that the RIAA thinks nothing of jeopardizing a student's college education in order to make their point, as support for the MAFIAA/Mafia analogy.

Class action complaint against RIAA available online

Posted by NewYorkCountryLawyer on Saturday March 15, @11:43AM (#198512)
4 Comments
User Journal
Recommended reading for all interested in the RIAA's litigation war against p2p file sharing is the amended class action complaint just filed in Oregon in Andersen v. Atlantic. This landmark 109-page document (pdf) tells both the general story of the RIAA's campaign against ordinary folks, and the specific story of its harassment of Tanya Andersen, and even of her young daughter. The complaint includes federal and state RICO claims, as well as other legal theories, and alleges that "The world's four major recording studios had devised an illegal enterprise intent on maintaining their virtually complete monopoly over the distribution of recorded music." The point has been made by one commentator that the RIAA won't be able to weasel its out of this one by simply withdrawing it; this one, they will have to answer for. If the relief requested in the complaint is granted, the RIAA's entire campaign will be shut down for good.