Re: I hate DHS and their actions, but these jerks aren't innocent, either...
Your position assumes that the panties were actually infringing -- even civilly, let alone criminally -- which has not been established. Would the panties have caused a likelihood of confusion as to the source of the product? Perhaps, but not established.
Regardless, this is clearly a homegrown smalltime operation, raising the question why this would be considered a criminal infringement, investigated on our dime. A Cease & Desist from the Royals would have done it.
For criminal infringement/counterfeiting, one needs a bit more than for civil infringement, e.g.:
The mark is "identical with, or substantially indistinguishable from" the genuine trademark. 18 U.S.C. § 2320 (d)(1)(a)(ii). This element assures that not every case of trademark infringement amounts to trademark counterfeiting. The "indistinguishable from" standard is to be interpreted on a case-by-case basis.
Also from the link: the mark has to be registered in the USPTO Principal Register. I did a quick search, and the "KC Royals" as well as "KC" marks are registered, of which the panties are not substantially similar in my view.
What I am looking at looks like a cheap copy. It is not necessarily "identical with or substantially indistinguishable" nor would it necessarily create likelihood of confusion. It is a poor case-study for criminal liability. Yet, here comes the DHS...
Oh, look ... the attorney has been practicing less than two years, and is already running his own law firm. That's reasonable. And surely not a recipe for problematic claims not based in reality... (calbar.ca.gov)
Guessing the attorney used his own Bar Number as a starting point for the damages, then scaled back to 250 for "reasonableness," then changed it to millions.
Re: Simple solution. Lower then speed limits and shorten the yellow light period
"...shorten the length of the yellow light (before it turns red)"
A personal injury attorney who takes an intersection collision case will often check the timing of the lights to see if there is a case against the City for negligently timed lights (for the deep pockets). 500ms yellows would be a good one. And the $ thus begins flowing the wrong direction (not to mention the needlessly dead people).
Re: You keep using that word. I do not think it means what you think it means
"CDA 230 is a safe harbor. The DMCA Takedown system is not."
Actually, that is incorrect. Both are legal terms of art, so your arguments do not matter.
CDA 230 is an immunity. A service provider is immune from liability for statements of its users (non IP).
DMCA is a safe harbor (for copyright infringement). You have to go through steps (e.g. register an agent with the Copyright office, respond to notices timely, etc.) and if you follow the steps, you are granted safe harbor from liability you are not otherwise immune from.
This Court observed Robertson's demeanor on the witness stand. No transcript can capture his whole affect; you really had to be there.
Given there were discretionary calls here, the appellate review would likely be whether the judge abused his discretion -- a difficult barrier to overcome. An appellate court is generally to defer to the factual findings of the trier of fact (who saw the witness' demeanor, not just the words) -- but sometimes doesn't exactly do that.
So this sentence is likely intended to serve as a reminder, and to stress that as far as transcripts go, this one in particular is not indicative of how over the top Robertson apparently was.
This is useful stuff. Radiolab seems to come on the radio while I am driving, and generally have to finish it via podcast later or I feel incomplete.
But mostly, kudos on getting the dog out regularly. Every morning my dog and I have to negotiate a gauntlet of neighbors' dogs frantically barking at us from behind fences and closed doors -- driven nearly insane by inactivity and inattention. It's sad.
At this point, one can just say, "Look, I've got your playbook right here. Would you like me to call your moves out by number for you as you work down the list? Or can we just jump to the end where I cancel, which is going to happen anyway."
...the lawyers that wrote that agreement, most likely have absolutely no training in marketing or public relations and are trained to try to protect the company from any and all possible legal challenges that could arise so naturally they write agreements to request way more rights than they will ever need.
Any lawyer who would demand a full assignment of copyright in this circumstance (and especially in this manner) either does not know what they are doing, or is a bad person, or both.
Re: Re: It's more an ambush than an assignment of copyright
That would be a sight. Amtrak tries to enforce unenforceable browse-wrap agreement by suing in equity to compel a party to execute an assignment of copyright. That would go over about as well in court as it would online. Counsel should be fired for even drafting the clauses.
It's more an ambush than an assignment of copyright
I found a different "share" tweet and it takes you straight to a page with the photo, with the ToU on the right (like the story). Meaning, it's not even a click-wrap agreement requiring you to affirmatevly click a radio button indicating assent. It's an ambush. Oh, yeah, and...
17 USC §204: (a) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent.
The letter also serves to let the guests know "If you're going to bitch about our broadband online, please be advised it ain't this hotel's fault, and it ain't the town's. It's CenturyLink's fault. That's C-e-n-t-u-r-y-L-i-n-k with a capital L in the middle."