Against Monopoly

defending the right to innovate

Monopoly corrupts. Absolute monopoly corrupts absolutely.

9th Circuit Court Of Appels Strikes Down Another Abusive Attempt To Distort Trademark Law In Order To Stifle Free Speech And Creativity.

Here [PDF] is a legal opinion on trademark law that is well worth reading. [E.S.S. Entertainment v. Rockstar Games, Inc.]

The opinion contains several gems such as:

"A reasonable consumer would not think a company that owns one strip club in East Los Angeles, which is not well known to the public at large, also produces a technologically sophisticated video game like [Grand Theft Auto] San Andreas."
...
"[F]ans can spend all nine innings of a baseball game at the hot dog stand; that hardly makes Dodger Stadium a butcher's shop."

While the court's opinion is, of course, correct, I am continually amazed that the legal system still allows IP attorneys to even make such frivolous claims without being sanctioned.

[Posted at 11/05/2008 04:50 PM by Justin Levine on IP Law comments(0)]

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IP is not a joke Bill: Absolutely. Parody and satire are protected under fair use. Mad Magazine (among many

at 02/09/2010 05:41 AM by Anonymous

IP is not a joke Couldn't it be used under the fair use

at 02/08/2010 03:22 PM by Bill Stepp

Goldman does in AIG, you, and me Predatory Lending is a major contributor to the economic turmoil we are currently

at 02/08/2010 03:07 PM by jmb27

Common Sense Seth - I'm not sure how your comment @ 5:57pm casts any illumination on your earlier position. If I

at 02/08/2010 02:03 PM by Justin Levine

Lessig: Congress is broken and Obama has failed Anon, state granted monopolies are effectively licenses for corporations to collect taxes on

at 02/08/2010 01:50 PM by Crosbie Fitch

Lessig: Congress is broken and Obama has failed It does seem strange to me that when we are faced with the possibility of a 23 trillion dollar

at 02/08/2010 01:18 PM by Anonymous

The Patent, Copyright, Trademark, and Trade Secret Horror Files Fred, I recognise that 'natural monopoly' may have a more specialised meaning for economists, and

at 02/08/2010 07:19 AM by Crosbie Fitch

Lessig: Congress is broken and Obama has failed Fred, I'm doing something immediately. I'm working on the Contingency Market. this is something

at 02/08/2010 06:53 AM by Crosbie Fitch

The Patent, Copyright, Trademark, and Trade Secret Horror Files @Crosbie: I agree *natural monopolies* do exist, despite any tendency for SK and Bill Stepp to shut

at 02/07/2010 10:21 PM by Fred McTaker

Lessig: Congress is broken and Obama has failed I thank John Bennett for this post, and for the quality of his posts here in general. I've been

at 02/07/2010 09:02 PM by Fred McTaker

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