Comments for TacticalIP.com http://tacticalip.com Harnessing the strategic power of Intellectual Property Thu, 11 Mar 2010 13:14:14 +0000 http://wordpress.org/?v=2.9.2 hourly 1 Comment on Lindsay Lohan Publicly Admits Milk Addiction by Mark Malek http://tacticalip.com/2010/03/10/lindsay-lohan-publicly-admits-milk-addiction/#comment-173 Mark Malek Thu, 11 Mar 2010 13:14:14 +0000 http://tacticalip.com/?p=857#comment-173 Ok, I can't take it! I was just reading the complaint and noticed that one of Lindsay's allegations is that the commercial bears her name, characterization and personality. It goes on to note that the appearance of her look a-like name, characterization and personality causes her to be identified in connection with ETrade's services......Who is counseling this girl? There really is such a thing as bad publicity. Maybe this suit should have been brought on behalf of Lindsay’s everywhere. Ok, I can’t take it! I was just reading the complaint and noticed that one of Lindsay’s allegations is that the commercial bears her name, characterization and personality. It goes on to note that the appearance of her look a-like name, characterization and personality causes her to be identified in connection with ETrade’s services……Who is counseling this girl? There really is such a thing as bad publicity. Maybe this suit should have been brought on behalf of Lindsay’s everywhere.

]]> Comment on An Open Letter to Television Writers and Producers re:Civilian Consultants by jfischer1975 http://tacticalip.com/2010/03/04/an-open-letter-to-television-writers-and-producers-recivilian-consultants/#comment-171 jfischer1975 Mon, 08 Mar 2010 19:19:04 +0000 http://tacticalip.com/?p=823#comment-171 <p>Mr. Lofland -- What good is a dead horse if you can't beat on it every now and again?  ;)</p> <p>In all seriousness, though, thanks for your comment.  I realize that an emphasis on verisimilitude is almost never the first priority for movies and television.  It wouldn't be much fun to watch if all they showed was real life.  That said, I appreciate your previous efforts and consider you a brother-in-arms in the fight against grossly inaccurate entertainment outlets.  If nothing else, you've gained a new reader for your blog from this exchange!</p> Mr. Lofland — What good is a dead horse if you can’t beat on it every now and again?  ;)

In all seriousness, though, thanks for your comment.  I realize that an emphasis on verisimilitude is almost never the first priority for movies and television.  It wouldn’t be much fun to watch if all they showed was real life.  That said, I appreciate your previous efforts and consider you a brother-in-arms in the fight against grossly inaccurate entertainment outlets.  If nothing else, you’ve gained a new reader for your blog from this exchange!

]]> Comment on An Open Letter to Television Writers and Producers re:Civilian Consultants by Lee Lofland http://tacticalip.com/2010/03/04/an-open-letter-to-television-writers-and-producers-recivilian-consultants/#comment-170 Lee Lofland Sat, 06 Mar 2010 15:49:22 +0000 http://tacticalip.com/?p=823#comment-170 Jason - You just might be beating a horse that's been dead for years. I've fought this battle for a long time with very little success. I even titled the last chapter in my book (Police Procedure and Investigation, A Guide For Writers) CSI Don't Think So. I also write a daily blog called The Graveyard Shift that's dedicated to setting the facts straight regarding police procedure, forensics, and CSI. And, I write a weekly review of shows like Castle where I point out the flaws in police procedure and forensics. I do the reviews in a tongue-in-cheek style, and it's a lot of fun, but I write it with a specific purpose - to help writers know the differences between reality and fiction. Also, I host an event called Writers' Police Academy. The WPA is a hands-on event for writers and anyone else who's interested in learning about police work and investigation. The WPA is held at a real police academy and the workshops are all taught by actual police academy instructors and other police experts from across the country. So you see, I do all this and I still see TV cops racking rounds into their 9mm's. And I still read about smelling cordite in books written by bestselling authors. But, I haven't given up hope that someday TV writers, showrunners, and authors will learn that fiction should be believable, yes, but not absurd. Jason – You just might be beating a horse that’s been dead for years. I’ve fought this battle for a long time with very little success. I even titled the last chapter in my book (Police Procedure and Investigation, A Guide For Writers) CSI Don’t Think So. I also write a daily blog called The Graveyard Shift that’s dedicated to setting the facts straight regarding police procedure, forensics, and CSI. And, I write a weekly review of shows like Castle where I point out the flaws in police procedure and forensics. I do the reviews in a tongue-in-cheek style, and it’s a lot of fun, but I write it with a specific purpose – to help writers know the differences between reality and fiction.

Also, I host an event called Writers’ Police Academy. The WPA is a hands-on event for writers and anyone else who’s interested in learning about police work and investigation. The WPA is held at a real police academy and the workshops are all taught by actual police academy instructors and other police experts from across the country.

So you see, I do all this and I still see TV cops racking rounds into their 9mm’s. And I still read about smelling cordite in books written by bestselling authors.

But, I haven’t given up hope that someday TV writers, showrunners, and authors will learn that fiction should be believable, yes, but not absurd.

]]> Comment on IOC Uses DMCA to Suppress Luge Accident Video by Blawg Review #252 – Law Firm Web Strategy http://tacticalip.com/2010/02/17/ioc-uses-dmca-to-suppress-luge-accident-video/#comment-167 Blawg Review #252 – Law Firm Web Strategy Mon, 22 Feb 2010 04:14:01 +0000 http://tacticalip.com/?p=792#comment-167 [...] the only legal problem the IOC created for itself at the Winter Games: it also tried to stop circulation of the video of a Georgian luger’s fatal training accident before the Games began, says the IP Strategist. [...] [...] the only legal problem the IOC created for itself at the Winter Games: it also tried to stop circulation of the video of a Georgian luger’s fatal training accident before the Games began, says the IP Strategist. [...]

]]> Comment on IOC Uses DMCA to Suppress Luge Accident Video by Keith Loven http://tacticalip.com/2010/02/17/ioc-uses-dmca-to-suppress-luge-accident-video/#comment-166 Keith Loven Thu, 18 Feb 2010 15:28:12 +0000 http://tacticalip.com/?p=792#comment-166 Shame on the IOC for not listening to the advice from their lawyers that this was not the way forward - they did get such advice, didn't they....? Shame on the IOC for not listening to the advice from their lawyers that this was not the way forward – they did get such advice, didn’t they….?

]]> Comment on DMCA Takedown Notices Must Consider Fair Use by IOC Uses DMCA to Suppress Luge Accident Video | TacticalIP.com http://tacticalip.com/2009/10/23/dmca-takedown-notices-must-consider-fair-use/#comment-160 IOC Uses DMCA to Suppress Luge Accident Video | TacticalIP.com Wed, 17 Feb 2010 14:45:33 +0000 http://tacticalip.com/?p=279#comment-160 [...] Even where all of this is true, U.S. copyright law was not implemented to choke off the flow of facts and news reporting.  In fact, § 107 of the Copyright Act specifically limits a copyright owner’s rights in these kinds of situations.  The IOC cannot use DMCA takedown notices to silence the speech it does not like.  In fact, sending those notices may end up costing the IOC, unless they can successfully make the case that they considered whether use of the clips could be fair use before making their demands.  Just ask the artist currently known as Prince. [...] [...] Even where all of this is true, U.S. copyright law was not implemented to choke off the flow of facts and news reporting.  In fact, § 107 of the Copyright Act specifically limits a copyright owner’s rights in these kinds of situations.  The IOC cannot use DMCA takedown notices to silence the speech it does not like.  In fact, sending those notices may end up costing the IOC, unless they can successfully make the case that they considered whether use of the clips could be fair use before making their demands.  Just ask the artist currently known as Prince. [...]

]]> Comment on Who Dat Say They Gonna Sue for Trademark Infringement?  Da NFL – Dat Who! by markmalek http://tacticalip.com/2010/02/02/who-dat-say-they-gonna-sue-for-trademark-infringement-da-nfl-dat-who/#comment-158 markmalek Wed, 03 Feb 2010 14:53:50 +0000 http://tacticalip.com/?p=760#comment-158 Very interesting Steve. I will look into that issue and probably write something about it soon. Just at first glance, it seems as though Fujitsu is arguing that they are the "Senior User" of the iPad and iPhone trademarks. I'll bet that Apple will be arguing some sort of ownership interest in the "i" family of marks. It will probably be a tough argument for Apple because of the number of "i" products out there that they probably do not control, e.g., iHome products for use with Apple products (there is probably a licensing deal in there somewhere though). Thanks for reading. Very interesting Steve. I will look into that issue and probably write something about it soon. Just at first glance, it seems as though Fujitsu is arguing that they are the “Senior User” of the iPad and iPhone trademarks. I’ll bet that Apple will be arguing some sort of ownership interest in the “i” family of marks. It will probably be a tough argument for Apple because of the number of “i” products out there that they probably do not control, e.g., iHome products for use with Apple products (there is probably a licensing deal in there somewhere though). Thanks for reading.

]]> Comment on Who Dat Say They Gonna Sue for Trademark Infringement?  Da NFL – Dat Who! by Steve Whitlock http://tacticalip.com/2010/02/02/who-dat-say-they-gonna-sue-for-trademark-infringement-da-nfl-dat-who/#comment-157 Steve Whitlock Wed, 03 Feb 2010 13:59:07 +0000 http://tacticalip.com/?p=760#comment-157 Interesting article, Mark. Wondering what your thoughts are on Apple's new iPad. I understand that Fujitsu (I think) has a hand-held product used for physical inventory counting and it's called the iPad. In the same article where I read this, I found that Cisco had an iPhone product long before Apple introduced theirs. The article said that Apple planned to argue that Fujitsu "under-utilized" their trademark. Thought this might be an interesting topic for a future newsletter. Steve Interesting article, Mark. Wondering what your thoughts are on Apple’s new iPad. I understand that Fujitsu (I think) has a hand-held product used for physical inventory counting and it’s called the iPad. In the same article where I read this, I found that Cisco had an iPhone product long before Apple introduced theirs. The article said that Apple planned to argue that Fujitsu “under-utilized” their trademark.

Thought this might be an interesting topic for a future newsletter.

Steve

]]> Comment on The Problem with the PTO Pilot Program to Accelerate Examination of “Green Technologies” by markmalek http://tacticalip.com/2010/01/27/the-problem-with-the-pto-pilot-program-to-accelerate-examination-of-green-technologies/#comment-155 markmalek Fri, 29 Jan 2010 03:27:10 +0000 http://tacticalip.com/?p=754#comment-155 Thanks Darryl - Gene is definitley onto something with an enhanced IT system. It can probably make searches a lot more reliable (and quicker), thereby giving examiners the tools they need to be more efficient. Thanks Darryl – Gene is definitley onto something with an enhanced IT system. It can probably make searches a lot more reliable (and quicker), thereby giving examiners the tools they need to be more efficient.

]]> Comment on The Problem with the PTO Pilot Program to Accelerate Examination of “Green Technologies” by Darryl http://tacticalip.com/2010/01/27/the-problem-with-the-pto-pilot-program-to-accelerate-examination-of-green-technologies/#comment-154 Darryl Fri, 29 Jan 2010 01:54:29 +0000 http://tacticalip.com/?p=754#comment-154 I've read Mr Quinn's comments with regards to this issue and I find it really strange that Congress determines the USPTO's budget. For any organisation to function effectively, it needs to be able to determine and prioritize its spending... Mr Quinn also made a remarkable insight that a better IT system would certainly expedite the application/examination process. Sounds like a small improvement with an expotentially effective result! Please keep up your posts, Mark. I read this site frequently as it provides me with latest IP news in a easily-digestable format. I dislike reading arcane legalese that are so prevalent in some other IP blogs. Darryl I’ve read Mr Quinn’s comments with regards to this issue and I find it really strange that Congress determines the USPTO’s budget. For any organisation to function effectively, it needs to be able to determine and prioritize its spending… Mr Quinn also made a remarkable insight that a better IT system would certainly expedite the application/examination process. Sounds like a small improvement with an expotentially effective result!

Please keep up your posts, Mark. I read this site frequently as it provides me with latest IP news in a easily-digestable format. I dislike reading arcane legalese that are so prevalent in some other IP blogs.

Darryl

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