Remember how Waterstones was going to sell the Kindle and take a sales commission on the hardware and any ebooks bought from that device? Apparently they decided that the subtle but positive relationship of simply making money off the Kindle wasn't good enough; now they've turned the Kindles they sell into billboards.

The Kindles sold by Waterstones got a firmware update in early November. This update wasn't rolled out to all the Kindles, and for good reason. According to a couple different users (this story has also been confirmed by Waterstones) the only change in the update was a new screensaver.

I have not yet seen it myself, but the Kindle owners are reporting that all the screensavers have been replaced by a Waterstones logo. Furthermore, there's no way to disable or replace that screensaver, so every time these Kindle owners pick up their device they will be reminded where they purchased it.

Thank you for your email regarding your Kindle Paperwhite from Waterstones.

I am sorry you are disappointed by the addition of a Waterstones screensaver after the recent software update to Kindle. It is our view that this screensaver does not constitute advertising and differs substantially to the advertising-supported Kindles available to the US market. The Waterstones screensaver is a non-dynamic, static image that will change infrequently and not advertise any specific product, offer or website.

It is not possible to remove the Waterstones screensaver to replace it with the former Amazon screensaver. We apologise that this change was made without consultation, and hope it does not detract from or alter your reading experience. However, if you feel it does, please let us know and we will arrange for the return of the device and a full refund.

I am sorry for any inconvenience this has caused.

Yours sincerely,

**********
Customer Service Team
Waterstones.com

"There are substantial difficulties for us around working with our major competitor," Daunt said at the Independent Publishers Guild Digital Quarterly Meeting on Tuesday, according to The Bookseller. "But we think we have an agreement which protects some of the most significant bear traps that sit there, and there are some major upsides for us."

At yesterday's IPG event, Daunt revealed a few more details about Waterstones' Amazon partnership. "Waterstones-specific Kindle screensavers, bestseller lists and a Read For Free offer are among the plans," The Bookseller reports.

• Would you even notice if the name and logo didn't match? A project by Tommaso Guerra mixes up a few recognizable logos and brands; Guerra isn't the first to do this and he won't be the last... [url]
• A hundred web brands and their logos make a pretty rainbow. Except the main colors are either blue or red -- with just a little green, yellow, orange, purple and gray. [url]
• LogoLounge has published its 10th annual logo trends report, pointing out a few common logo elements that some designers are (over-)using. With the potato chip logo, perhaps once you pop, you can't stop. [url]
• To discover more interesting advertising-related content, check out what's floating around on StumbleUpon. [url]  

This sweeping prohibition encompasses a substantial number of uses of the seal that would not suggest government endorsement, such as the display on a website of an exact copy of an official County news release that contains the image of the seal next to the text, or the publication in a newspaper of a photograph of a County official delivering a speech from a podium upon which the County seal is attached and visible.

• Graham Smith is swapping the names behind various logos in an ongoing project -- that looks a bit confusing at times. Modified logos are fun -- hopefully, though, the artists behind them won't be sued for trademark violations.... [url]
• The ninth annual LogoLounge report on logo trends is out, covering 2011. This year's colors are lighter and seem to include a lot of leaves. [url]
• Graphic designers from 2007 might remember this catchy song with the refrain: "Make The Logo Bigger!" "I don't wanna tell you how to do your job, but could you make the logo bigger?" [url]
• Coca-cola is going to make its Diet Coke logo so big -- that it won't quite fit on the can. Thankfully, they didn't mess with the formula for Diet Coke. [url]
• To discover more interesting advertising-related content, check out what's floating around on StumbleUpon. [url]  

Cowing's use isn't deceptive either. The seal is plainly used in conjunction with the news article and the advertisement is no closer on this blog than ads are on news websites and in most newspapers and magazines for that matter. In fact, the seal of the Executive Office of the President of the United States is used extensively all over the internet, sometimes even in promixity to advertising. Threatening phone calls from the White House only serve to chill free speech. Indeed, Cowing has replaced the image of the seal with a pixelated version and the words “OSTP Logo Pixelated Due to a Phone Call Complaint from the White House.”

The court recognizes that it could, if it were so inclined, choose to exercise jurisdiction over this matter and permit this case to proceed here in Delaware, given that a settlement agreement between the parties contains a clause that names Delaware as the forum for litigating disputes arising from the agreement. That settlement does not bind this court, however, and given the facts and circumstances surrounding this case, the court has decided in its discretion to decline to exercise jurisdiction. First, all relevant conduct and activities appear to have taken place in California, where the defendants reside and operate. Similarly, it appears that the Central District of California would be a far more convenient forum for trial, since the court's reading of the complaint and other documents in the record is that the vast majority of documents and witnesses pertaining to this case are in California. Furthermore, the consent judgment that underlies the plaintiffs' complaint was entered by the United States District Court for the Central District of California, and states that that court retains jurisdiction for the purposes of enforcing the consent judgment and related permanent injunction. It would be far better for that court to determine whether the conduct in question falls within the scope of the consent judgment and permanent injunction. Finally, given the defendants' apparently limited financial resources and the significant costs associated with litigating in Delaware, the court finds that the defendants would be unfairly prejudiced if they were forced to litigate in this district.

Entertainingly, in support for your argument, you included a version of 701 in which you removed the very phrases that subject the statute to ejusdem generis analysis. While we appreciate your desire to revise the statute to reflect your expansive vision of it, the fact is that we must work with the actual language of the statute, not the aspirational version of Section 701 that you forwarded to us.

In your letter, you assert that an image of an FBI seal included in a Wikipedia article is "problematic" because "it facilitates both deliberate and unwitting violations" of 18 U.S.C. 701. I hope you will agree that the adjective "problematic," even if it were truly applicable here, is not semantically identical to "unlawful." Even if it could be proved that someone, somewhere, found a way to use a Wikipedia article illustration to facilitate a fraudulent representation, that would not render the illustration itself unlawful under the statute. As the leading case interpreting Section 701 points out, "The enactment of § 701 was intended to protect the public against the use of a recognizable assertion of authority with intent to deceive." ... Our inclusion of an image of the FBI Seal is in no way evidence of any "intent to deceive," nor is it an "assertion of authority," recognizable or otherwise.

Bouchat, a security guard in Baltimore, believed that the Baltimore Ravens had infringed a design he claims to have created for the team's logo. He sued the team and the NFL's licensing arm. In my opinion, there was no evidence of access and the thus the case should have been summarily dismissed. In my opinion, the case was a shakedown. But, applying the fatally flawed theory of striking similarity, the case went to a jury. The jury found liability, and the Fourth Circuit affirmed in an awful decision that drew an excellent dissent by Judge King, 228 F.3d 489 (4th Cir. 2000), amended by and pet. for reh'g en banc denied. 241 F.3d 350. Judge King's dissent is the best thing yet written on why striking similarity is inherently inconsistent with basic copyright principles, and as to the facts in Bouchat, devastating to the plaintiff's claim and the majority opinion.

The legal question is really about consumer confusion, as the Canadian Supreme Court has understood in the past. Trademark law doesn't grant the holder an exclusive right over every use of a mark, just the right to prevent confusing or misleading use of it. The school is a technology school, but they're also a school -- an apple is a pretty common symbol for education. It seems like "even a moron in a hurry" would recognize the difference between the two logos, especially since the acronym "VSBT" is part of the school's. The real problem here seems to be the requirement of trademark law that the holder of a mark actively polices its use. This requirement encourages these sorts of cease and desist letters, even if it seems like a comparison between apples and oranges.