Managing Intellectual Property

Blog round-up: ISP liability, apples, Olympics and USPTO

12 October 2009

Managing Intellectual Property

While one blogger takes on Ralph Lauren, others discuss trade mark issues in Australia and Brazil, and US commentators broadly welcome the USPTO’s decision to drop its claims and continuations rules package

Boinged back

Boing Boing provides a useful reminder of the public relations downside to sending takedown notices to independent-minded ISPs.

When Boing Boing published an article about a Ralph Lauren advert that appeared to show a digitally altered photo of a model with the caption "Dude, her head’s bigger than her pelvis", the fashion company asked its lawyers to send a takedown notice under the DMCA to the blog’s ISP.

"One of the things that makes [ISP] Priority Colo so awesome is that they don't automatically act on DMCA takedowns," says Boing Boing. "Instead, they pass them on to us and we talk about whether they pass the giggle-test. This one doesn’t."

It goes on to say: "You should know better. And every time you threaten to sue us over stuff like this, we will: a) Reproduce the original criticism,...



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