From: "Matheson, Scott" <[log in to unmask]>
Date: Wed, 29 Aug 2012 13:00:23 +0000

Here is a current example of trademark enforcement from publishing. It
has been termed "the most polite cease-and-desist letter ever
(Mashable)" by a "very nice trademark lawyer (Boing-Boing)."

http://brokenpianoforpresident.com/2012/07/19/jack-daniels-lawsuit-the-full-scoop/

I have not read the book in question, but it seems all involved have
behaved well and were able to get what they needed. And some nice
publicity as well.

Scott
____________
Scott Matheson, Librarian for Digital Resources
Lillian Goldman Law Library, Yale Law School
203-432-2694 | Box 208215, New Haven, CT 06520-8215


On Tue Aug 28, at 5:21 PM, LIBLICENSE <[log in to unmask]>
 wrote:

> From: David Groenewegen <[log in to unmask]>
> Date: Tue, 28 Aug 2012 12:24:14 +1000
>
> The cakes situation has nothing to do with fair use because it is a
> trademark issue, as is pointed out in the article:
>
> "This sort of enforcement is probably typical, says Megan La Belle, an
> assistant professor of law at the Catholic University of America,
> because the burden of trademark protection always falls on the holder.
> “Trademark owners must ‘police’ their marks, or they risk losing
> protection,” she adds."
>
> The other example given, with the painter, is not just a fair use
> issue either as was noted in a previous article:
> http://chronicle.com/article/Appeals-Court-Stiff-Arms-U-of/132235/
>
> "The court also ruled that the university's own actions—displaying and
> even selling Mr. Moore's unlicensed works—undermined its ability to
> strictly enforce its trademark rights."
>
> Worth noting that the painter had missed out on pretty substantial
> revenue while this was happening. This was not "small dollars".
>
> I'm not saying that this wasn't overkill by the university, but
> trademark law is not the same as copyright and fair use does not
> apply. Not defending the trademarks could cost the uni a lot more.
>
> David
>
> David Groenewegen
> Director, Research Data
> Australian National Data Service
> Physical Address: 680 Blackburn Road, Clayton, Victoria
> Postal Address: c/o Monash University VIC 3800
> AUSTRALIA
> [log in to unmask]