Entries Matching: Trademark
While Net Neutrality has grabbed the headlines this week, that doesn’t mean things have been quiet on the intellectual property front. The scales of justice have often tilted too far in imposing excessive restrictions through IP, but it appears the Supreme Court may be looking to restore some balance. This Monday the Supreme Court decided which cases it will be dealing with this year, and consumers and innovators should be encouraged by the results.
In my last post, I discussed the implications of Mattel v. MGA Entertainment on the idea-expression dichotomy in copyright law. Even before getting to the issue of what was copyrighted and whether there was infringement in the case, however, the Ninth Circuit first had to address who owned the copyrights, trademarks, and other concepts underlying the Bratz doll line.
This week, Public Knowledge asked the Supreme Court to reverse a decision that Costco was infringing copyright merely by selling genuine Omega watches without the watchmaker’s permission.
The brief, which was joined by the Electronic Frontier Foundation, the American Free Trade Association, the American Association of Law Libraries, the Medical Library Association, and the Special Libraries Association, can be found here.
(cross-posted from the American Constitution Society blog)
UPDATE: The deadline for comments passed at 5 p.m. today.
As John noted not too long ago, the new Intellectual Property Enforcement Coordinator has asked for your opinions on how the various government agencies involved with IP enforcement should go about doing their jobs—what harms of infringement should be addressed, and what changes in policies, regulations, and even the law, need to be made so that we can have a workable and effective national enforcement policy.
We want to make sure that enforcement efforts aren't so broad and indiscriminate that they target fair uses of copyrighted works, or use draconian tactics that will cut off Internet access for those merely accused of infringement. We also want to make sure that changes to enforcement policy and IP law are made in open forums, not in secretive agreements like the proposed Anti Counterfeiting Trade Agreement.
If you'd like to send your thoughts to the nation's first "IP enforcement czar," have a look at the request for comments and send in an email. Or, if you like, you can use our action alert form here.