Wednesday, January 31, 2007

Can you trademark a hand gesture?

That's what's being claimed in a recent law suit filed by professional wrestler Diamond Dallas Page against Jay-Z. As recently stated on the law website Lexicology (see http://www.lexology.com/r.ashx?i=1049090&l=6G3V0M4), Diamond Dallas Page is claiming his "Diamond Cutter" hand gester (which apparently is using the tips of one's forefingers and thumbs to create the outline of a diamond) was misappropriated by Jay-Z.

Now, one of Diamond Dallas Page's claim is that Jay-Z (as well a Roc-A-Fella Record, Rocawear owners Roc Apparel Group LLC, Urban Menswear LLC, and Rocawear Licensing LLC) infringed his trademark hand gesture by placing the diamond cutter symbol on his clothing line. To actually win a trademark infringement lawsuit you must establish that the use of a mark by one entity in selling goods or services causes a likelihood that a consumer of will confuse those goods for the good of another.

It will be interesting to see whether Diamond Dallas Page can establish that his "Diamond Cutter" hand gesture identifies his professional wresting services and that people who may purchase Jay-Z's clothes would likely be confused as to whether Diamond Dallas Page actually made the clothes. Stay tuned & we'll see if there's any Diamond Dallas Page fans who not only identify him with his hand gesture, but may think Jay-Z's clothing line was actually his line...

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Tuesday, January 23, 2007

Myspace involved in 4 more battles concerning the safety of minors on the internet

Well, as I said a few months ago - open the flood gates. Myspace has racked up four more lawsuits against it claiming that Myspace failed to employ reasonable safety measures to protect its underage users. Family's from Texas, New York, Pennsylvania and South Carolina have filed separate actions all claiming that the underage girls (ages ranging from 14 to 15) were lured to meetings with individuals on myspace and were sexually assaulted. In one case the 15 year old girl was drugged before the adult myspace user assualted her. He has subsequently pled guilty to charges of sexual assault and is currently serving a 10 year sentence in prison.

The first lawsuit filed against Myspace concerning their alleged lack of safety measures was filed in Texas in June of 2006. That case is still pending.

While myspace has rolled out or are planning to roll out security features that will give parents some additional oversight and safety measures (like seeing what age is reported in the child's profile, and restrictions on how adults may contact minor's on Myspace), many people like the ones filing the lawsuits claim that it is too little to late.

Legally, we'll have to see how it plays out. In general, courts have taken a laissez fair attitude to the web, however as more and more cases involving minor's come up, one could imagine that an argument based on public policy reasons may start to sound appealing to some courts.

Monday, January 22, 2007

Denver Colorado Patent Lawyer

If you are looking for a patent lawyer in Denver and/or Colorado, which is to be expected if you clicked on an associated listing in a search engine, you have come to the right place. We are a intellectual property law firm specializing in patents located in Centennial within the Denver metro area. And if you are not from Denver or Colorado, no problem as we serve clients all over the country.

We are also the only patent attorneys listed on Tom Martino's troubleshooter.com referral list. When his callers have patent, copyright and trademark questions we are the firm he calls first.

For more information about us click the Home Page or Patent Services page links here or to the right.

If you are located in the Denver area or anywhere in Colorado for that matter and would like to investigate obtaining a patent or having a patent search performed, we do offer a FREE 1/2 hour consultation. And for those of you located outside of Denver, Colorado, do not despair as we offer the same consultation over the phone.

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