Idaho Law Blog

Who’s on First?

Published on: December 31, 2015 | by Racine Olson

Copyright cases aren’t usually a lotta laughs, but then, they aren’t usually about this:

https://www.youtube.com/embed/kTcRRaXV-fg

The heirs of Bud Abbot and Lou Costello claim to own the copyright in their famous “Who’s on First?” bit. They undoubtedly own the copyright on two filmed versions of the skit, because Universal Pictures gave them the copyrights on clips from two 1940s movies in which they performed it. But there are other filmed versions of the skit which are now in the public domain, the copyright protection on the movies having expired, and it is questionable whether anyone “owns” a copyright in the original skit, or indeed whether Abbot and Costello even wrote it.

Trademark of the Day

Published on: December 31, 2015 | by Racine Olson

“If you want to motivate people, don’t talk about death!” So said Rocky the Rhode Island Red in the movie Chicken Run, which these guys apparently missed:

This is another Madrid Protocol US registration issued to Frozenbyte, Inc., of Helsinki, Finland. Those Finns must be a fun bunch… What do you sell under this cheerful mark?

“Video disks and video tapes with recorded animated cartoons; apparatus for recording, transmission or reproduction of sound or images; calculating machines, data processing equipment … blank compact discs with read-only memory for sound or video recording; DVDs and audio digital tapes featuring animated cartoons; computer game programs and software; computer memories; computer operating programs, recorded; computer peripheral devices; recorded computer programs for use in creating computer games, fantasy games, animated cartoons; downloadable computer programs for use in creating computer games, fantasy games, animated cartoons; recorded computer software for use in creating computer games, fantasy games, animated cartoons; disk drives for computers; blank magnetic disks; downloadable image files containing cartoons and fantasy images; downloadable music files; downloadable ring tones for mobile phones; blank record disks; magnetic data media, namely, blank audio tapes; mechanism for coin operated apparatus; fantasy games, animated cartoons; computer mouse; mouse pads; blank optical data carriers; blank optical discs; simulators for the steering and control of vehicles; blank USB flash drives; blank video cassettes; video game cartridges; video game programs; video game software; wrist rests for use with computers; computer game programs for gaming machines, namely, slot machines and video lottery terminals …

Of rock bands, football teams, and disparaging trademarks

Published on: December 23, 2015 | by Racine Olson

It’s usually interesting when a trademark case makes the news, and the court decision released on Tuesday this week is no exception.　 The United States Court of Appeals for the Federal Circuit held that a provision of the U.S. trademark statute (known as the Lanham Act) is unconstitutional. Specifically, the court struck down the section of the Act that allows the Trademark Office to deny registration to a trademark that it considers to be “scandalous, immoral, or disparaging.”

Nine of the twelve judges on the court signed an opinion which begins about as strongly as an opinion can:

“Section 2(a) of the Lanham Act bars the Patent and Trademark Office (“PTO”) from registering scandalous, immoral, or disparaging marks. 15 U.S.C. § 1052(a). The government enacted this law—and defends it today— because it disapproves of the messages conveyed by disparaging marks. It is a bedrock principle underlying the First Amendment that the government may not penalize private speech merely because it disapproves of the message it conveys.”

Are you watching your trademarks? More important, are you watching new domain name registrations for your trademarks?

Published on: December 14, 2015 | by Racine Olson

It is generally a good idea to watch for infringing uses of your trademarks, and respond when you find them. Failure to police infringing uses can result in your mark losing its ability to distinguish between providers. In the extreme case, it can become a generic term — that’s what happened to one-time trademarks like ELEVATOR and ASPIRIN.

Smart trademark owners know this, and have a program in place to watch for potentially infringing uses. It is easy enough to search through applications at the Trademark Office, or to look through the Trademark Official Gazette for potentially infringing uses that have already been approved by the Office’s examiners. In the last 20 years, search engines like Google and Yahoo! have become critical means of finding the infringing users, especially the ones who may not have filed for a trademark registration. A company with an online presence has a worldwide presence, and in the internet age an infringer doesn’t have to be next door to hurt your business.

It is also becoming increasingly important to watch domain name registrations, especially since hundreds of new generic top-level domains (gTLDs) started going active in 2014. Everyone is familiar with the traditional gTLDs, such as .com, .net, and .org. There were 23 gTLDs in 2013. By the end of 2014, the powers that be in the internet had approved more than 750 new gTLDs, and they are expected to approve hundred more in the next year or two. These include hundred tied to specific brands, like .sony, .dell, .target, and .netflix. There are many more that are more generic in their focus, such as .baby, .family,　 .adult, .sucks, and .mobile.

Retraining Benefits?

Published on: December 14, 2015 | by Racine Olson

By Fred J. Lewis

Yes there is help! Often when someone is injured in an Idaho work related accident they lose earning capacity where that is due to restrictions, age, or impairment. Retraining services are available when ordered by the Industrial Commission or approved by the insurance company. The Idaho Industrial Commission has their own rehabilitation division where vocational training and assistance can be given. Moreover, the Idaho Department of Vocational Rehabilitation has programs to pay for tuition and books as a part of a retraining program.　 There is help out there for injured Idaho workers.

Copyright Office approves car hacking

Published on: December 12, 2015 | by Racine Olson

For years, the auto industry has used copyright law and anti-hacking provisions of the Digital Millennium Copyright Act of 1998 to stop hotrodders from hacking into the software that controls modern cars. That is about to change, thanks to exemptions from the DMCA which were approved last week by the U.S. Copyright Office. Under the exemptions, car buffs and researchers will be able to break into and, to some extent, modify the software that controls cars without violating the law.　 Whether doing so will void the warranty will probably still depend on the automakers.

Settlement with Recovery

Published on: December 12, 2015 | by Racine Olson

John Goodell and Dan Green last week concluded settlement with recovery of $25,000 for “Client,” a large international engineering and construction firm and original contractor, and which provided extensive engineering management and procurement services, at a substantial but acceptable discount, arising from 　long running state court mechanic’s lien complex litigation, with bankruptcy detour, relating to Hoku Materials plant construction failed project.

I was on workers’ compensation benefits and my employer terminated me, now what?

Published on: December 12, 2015 | by Racine Olson

By Fred J. Lewis

Always try to protect your job first by making a request for unpaid time off under the Family Medical Leave Act (“FMLA”) even when you are on workers’ compensation benefits if it is legally available to you and your employer is bound by the FMLA. You can protect your job up to 90 days under the FMLA.

After the first 90 days have gone by it gets harder to protect your job because there is no Idaho workers’ compensation　 law against an employer terminating your employment even while you are receiving workers’ compensation benefits. Fringe benefits you are receiving from your employer will also end upon your termination. If you are still recovering from the work related injury and you are let go, your medicals bills relating to your on the job injury will still be covered by workers’ compensation. If you are terminated and you feel you aren’t being fairly compensated contact me or another experienced Idaho workers’ compensation attorney.　 You may have other claims against your employer that you need to bring.

Trademark of the Day — December 8, 2015

Published on: December 9, 2015 | by Racine Olson

Pure coincidence, I’m sure: Both of these marks appeared in last week’s Gazette. I’d like to see their stores sitting next door to each other in a mall in Colorado.

(Smoke It All: International Class 1 for chemicals for smoking food; I.C. 4 for wood dust for smoking food; I.C. 35 for retail store services. Smoke It All A/S, Esbjerg, Denmark. Mary Wanna: International Class 32 for fruit juices, energy drinks, soft drinks, and soda water. M&W Brands and Products, Inc., East Bradenton, Florida.)

Settlement for Client

Published on: December 9, 2015 | by Racine Olson

John Goodell has made a settlement for “Client” in total amount of $65,000 (on total account debt of $71,000　 P+I), with $50,000 initial payment to be paid by cashier’s check sent via overnight mail today for receipt tomorrow, and three additional $5000 installments due 1/1/16, 2/1/16, and 3/1/16, in account collection case, in Bozeman, MT action.　 John Bulger assisted as licensed MT counsel.