Trademark

Summary Judgment Granted in BidZirk v. Smith

I blogged about Orthomom's victory on Friday. Here's another big win for a blogger recently. Last Monday, the United States District Court for the District of South Carolina granted summary judgment to Philip Smith in the lawsuit brought against him by BidZirk, LLC, Daniel Schmidt, and Jill Patterson.

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A&P Sues Two College Kids Over (Hilarious) "Produce Paradise" Video

It's a musical week in the blogosphere. 

Two brothers from New Jersey, Mark and Matthew D'Avella, spent the summer working for the A&P supermarket in Califon, New Jersey. They made the best of what could have been a boring situation by creating parodic rap songs with supermarket themes under the name "Fresh Beets" (here's their myspace page).  Their songs including gems like "Always Low Prices" and (their masterpiece) "Produce Paradise," which is a nod to Coolio's 1995 "Gangsta's Paradise," which in turn drew on Stevie Wonder's venerable "Pastime Paradise."  Mark and Matthew made a video of "Produce Paradise" in the A&P store (after hours) and posted it to YouTube and their website, fakelaugh.com, along with some blog commentary.  You've got to hear and see this one to believe it:

A&P's parent company, The Great Atlantic and Pacific Tea Company, Inc., filed a lawsuit against the brothers in New Jersey Superior Court seeking $1 million in damages.  The complaint, filed Friday, August 24,  includes counts for defamation, business and product disparagement, and federal trademark infringement and dilution.  It alleges that "Produce Paradise" depicts the brothers "performing their rap song in various recognizable areas of the Califon A&P, including the fresh produce department, the corner bakery, the stock room and the employee bathroom," and that "at least one defendant is wearing a hat with a recognizable A&P logo [during the video]." 

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Creative Commons Announces Canadian Podcasting Legal Guide

Creative Commons of Canada recently announced that it has published a Canadian version of the well written and highly recommended Podcasting Legal Guide. As Colette Vogele, who helped author the original Podcasting Legal Guide, notes:

[T]he authors did nearly a complete re-write of the guide because copyright, trademark and publicity rights receive different treatment in Canada. One example, is that Canada has many collecting societies that need to be understood if licensing music from Canadian artists (see page 15). This adapted guide for Canada also includes a "copyright matrix" (page 16) and a "rights clearance flow chart" (page 19), both of which will help explain the various rights and who get's paid for what in the world of music licensing.

The Canadian version, with the intriguing subtitle "Northern Rules For The Revolution," is available in both html format and pdf format.

 

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