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Monday, 26 October 2009

Journal Web Review (Oct 09) Intellectual Property

The online version of my website review in October's Journal is now available. This month includes the websites of the Intellectual Property Office and the Federation Against Copyright Theft (FACT).

The key fact to remember is that FACT's own website states, despite all that fuss they make, that "it is not an offence to buy pirated DVDs".

Website Review (October 2009) "Seeking Protection".

Posted on Absolvitor: Scots Law Online.

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Tuesday, 16 June 2009

In Yon Shady Glen

I am up far too late as my good friend T. plied me with too much caffiene-filled cola drink after 8pm - which means I can't sleep (a bit like the Mogwai in Gremlins - sort of).

So, I will bring you news of a legal defeat for the Scotch Whisky Association in the Canadian courts. The Canuck judiciary have ruled that Canada's only single malt "Glen Breton Rare" is not confusing for consumers. The SWA contended that the use of the word "Glen" might fool people into thinking that it was a Scotch whisky and not a Canadian one.

However, the Canadian Federal Court held that, being from Glenville, they could legitimately use the title - which was not likely to confuse punters (until they had drunk at least four or five measures at any rate). Leave to appeal has been refused and the SWA, in an official press release, report themselves to be "disappointed".

Posted on Absolvitor: Scots Law Online while listening to La Mer by Charles Trénet.

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Sunday, 29 March 2009

Best of the Blawgs

Just a brief round-up of some interesting posts I found recently on other legal blogs.

First, Techno Llama has an interesting and amusing post about the PRS and Google/YouTube. A sample for you: "If purpose and intent are of importance as to whether or not a fee should be paid, shouldn't there be an exception for equine listeners?"

Second, I learn from Naked Law that cybersquatting is on the rise. Apparently, during 2008, 2,329 people or companies reported instances of cyber-squatting, including Arsenal Football Club, Google, Nestle and Scarlett Johansson.

Finally, I spotted this YouTube clip on Divorce Survivor. Worth the just over a minute it takes to play out, I think.

The key to managing your lawyer? Lower your expectations!

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Monday, 8 September 2008

A Fair(y) Use Tale

My thanks to those lovable folks at the IP Kat for drawing my attention to this fantastic Disney-parody explanation of copyright law and "fair use". Confused? Just watch and enjoy...

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Thursday, 4 September 2008

Google want your stuff!

As reported by Techno Llama among many, many others, Google's new browser "Chrome" had a few teething problems, with initial versions of the Terms of Use claiming the rights to "any Content that you submit, post or display on or through the Services." What? Everything?

Panic over! Google say this was just an admin error and have replace the offending item with the inoffensive "You retain copyright and any other rights that you already hold in Content that you submit, post or display on or through the Services."

Much better. That'll teach you to read the small print, though!

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Tuesday, 19 August 2008

Scottish Victory in China

No, it's not the Olympics. Scotland is celebrating another golden prize, as news reaches us from the Scotch Whisky Association (SWA) that the People's Republic of China has agreed to register "Scotch Whisky" as a trademark.

Following an SWA application, the Chinese Trade Mark Office under Administration of Industry & Commerce (AIC) has agreed to protect "Scotch Whisky" as a Geographical Indication (GI) by registering it as a "collective trade mark". As a result, there will be nationwide official protection of the description "Scotch Whisky" and its Chinese translation. It is the highest level protection granted by the Chinese government to a foreign spirit drink as a Geographical Indication (GI) in China.

Scottish distillers will now be able to take more effective legal action in the Chinese courts to ensure that only whisky made in Scotland is sold as "Scotch Whisky".

The SWA reports that the equivalent of 17 million bottles of Scotch Whisky were shipped to China in 2007. Yet in 2006 alone, the SWA and Chinese authorities jointly investigated around 50 suspect products, with stocks subsequently seized and destroyed.

In related news, the Social Travellers Site is reporting that "In Scotland, it will be legal for adults to buy drinks for minors in 2009.". Good news for minors with a taste for Scotch Whisky, but are we sure that this is correct? Anyone know any different?

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Wednesday, 30 July 2008

Changes to Nominet's Dispute Resolution Service

Nominet logo

Just a brief note to let you know that, as of 29 July 2008, Nominet have altered their dispute resolution service's policy and procedures, including the introdution of a new, cheaper "summary decision" option.

Details of how to make those cyber-squatters feel the pain can be found on Nominet's Summary of changes to the DRS Policy and Procedure, "Less squatters' rights? Nominet lowers the cost of complaining" on Naked Law; or "Nominet DRS changes go live today" from the IPKat.

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Friday, 25 July 2008

BPI tackles music piracy

UK record labels' association BPI have reached an agreement with major internet service providers (ISPs) and government on measures to help significantly reduce illegal filesharing.

Following negotiations facilitated by the Department for Business, Enterprise and Regulatory Reform (BERR), BPI on behalf of hundreds of UK record companies big and small has signed a Memorandum of Understanding with the UK's six largest internet service providers. The Motion Pictures Association of America and BERR have also signed.

The Memorandum places joint commitments on the signatories to continue developing consumer education programmes and legal online services. Most importantly, for the first time ISPs will be required to work with music and other rightsholders towards a "significant reduction" in illegal filesharing.

To achieve this, in the first year hundreds of thousands of informative letters will be sent by participating ISPs to customers whose accounts have been identified by BPI as being used illegally. In addition, under the auspices of Ofcom, the signatories will work together to identify effective mechanisms to deal with repeat offenders.

Alongside the Memorandum, BERR has today published a consultation on proposed new legislation requiring ISPs to deal effectively with illegal filesharing. It is anticipated that the outcome of this consultation will provide a co-regulatory backdrop to the Memorandum.

In this context, one of Scotland's most prolific music pirates was jailed for more than three years earlier this week.

John Croy was convicted of three offences by Dumbarton Sheriff Court. He was given three custodial sentences of three years two months, which are to run concurrently.

Police raided Croy's home in August 2005, finding 12 computers, 6 laptops, 79 external hard drives and about 6,500 discs, containing more than one million MP3 files. The BPI claimed that Croy supplied master discs to other major counterfeiters in Scotland.

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Direct Line beats esure on mouse with wheels

Direct Line has won a judicial battle to prevent rivals esure from using a mouse on wheels logo. The judge ruled that it was too similar to Direct Line's logos and might lead to confusion.

Direct Line has used a phone on wheels since 1990. Subsequentlt, esure introduced a mouse on wheels in 2004. A mouse on wheels was then used by Direct Line thus igniting the dispute.

The court agreed esure's advertising could be confused with Direct Line's campaign and blocked esure's application to trademark the logo.

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Wednesday, 23 July 2008

Narnia no More

The World Intellectual Property Organisation have ruled that the domain name narnia.mobi should be transferred from the Edinburgh couple who bought it for their son to use for e-mail to the C.S. Lewis Company.

The family have been quoted as saying: "It should have been pretty straightforward. They had to prove that we had made a bad faith purchase, that we had been using it to make money. We provided very clear statements from the internet registration company saying that we had not tried to make any money and yet somehow it has just simply ignored the evidence."

To look on the bright side, they still have TheQueen.mobi, USPresident.mobi, and holyspirit.mobi - which presumably came as part of a package with JesusChrist.mobi and YHWH.mobi?

In the judgement, significant reliance was placed upon the fact that the family had, following the complaint by the estate of C.S. Lewis, purchased the domains freenarnia.com and freenarnia.mobi. This move was viewed as evidence of bad faith on their part. You can read the decision here: C.S. Lewis (PTE.) Ltd. v. Richard Saville-Smith (Case No. D2008-0821).

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Saturday, 19 July 2008

Eviction from Narnia?

AS we previously reported in Squatters in Narnia? there is currently a complaint before the World Intellectual Property Organisation (WIPO) concerning the domain narnia.mobi. A decision is expected this Monday (21 July 2008).

The current owners of the disputed domain set out a spirited defence of their claim in this Scotland on Sunday article: Lions versus Lawyers. I note from the article that the couple in question have also purchased holyspirit.mobi which, presumably, will lead to complaints from the Kirk and their legal department in due course.

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Wednesday, 2 July 2008

Pinball Pirates

Gamezine is reporting that Topware Interactive have won a court case against four people for illegal file-sharing.

The downloaders were fined 750 pounds each, with a further 2,000 pounds in costs, for uploading Dream Pinball 3D to torrent sites.

As Topware's solicitors have obtained disclosure orders for a further 1,000 names from internet service providers, more litigation is expected.

David Gore, one of Topware's solicitors, said "Copyright owners spend millions of pounds developing copyright works for sale to the public for their enjoyment and yet many think it is acceptable to obtain the work illegally and for free by procuring a copy on a peer-to-peer network."

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Tuesday, 1 July 2008

Suing eBay

The Times Online is reporting that a ruling against eBay by a French Court earlier this week would lead to similar lawsuits to block the sale of fake goods on the internet auction site.

eBay were ordered to pay nearly 40 million Euros (30+ million pounds) to Louis Vuitton's designers for allowing fake handbags and clothes to be sold on its website. eBay plans to appeal against the judgement.

Robert Alpert, a litigation partner with Ladas & Parry, an international intellectual property law firm in New York, is quoted as saying: "I expect this ruling to encourage a number of other designers to sue eBay as well."

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Monday, 16 June 2008

Squatters in Narnia?

Disturbing news from the World Intellectual Property Organisation (WIPO) - as an Edinburgh man's gift to his son is challenged by the estate of C.S. Lewis, author of the Narnia Chronicles.

A certain Mr. Saville-Smith purchased the domain www.narnia.mobi for his child so he could have "one of the coolest e-mail addresses in the world." Now, he accuses the estate of C.S. Lewis of being mean and says that the famous author must be "spinning in his grave".

Okay, but I have a few problems with this story - only some of which point to Mr. Saville-Smith being a cyber-squatter. First, whoever@narnia.mobi is, plainly, not the coolest e-mail address in the world - and will probably get your child serious spam mail and cyber-bullying in no time at all.

Second, why did you also buy TheQueen.mobi and USPresident.mobi - unless you were also planning prezzies for Liz and George?

Third, if that's the only reason you bought the domain, then why are you currently hosting ads on it? And, why, if this is a gift for a 10 year old child is one of the paid ads on the site a link to "The Ruin" website (tagline: terror has evolved) with its restricted content? Just a thought.

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