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]