grabeh

25 ms·

181.
by grabeh 14y ago
I would argue that in the UK, s11(2)(b) of the Trade Mark Act could be used to make my argument. The book features a marine who is in space aka a space marine. The usage is necessary to describe the product. Admittedly this may be a tricky
182.
by grabeh 14y ago
Certainly in the UK, it's a defence to use a trade mark in good faith in a descriptive manner. I think this would be a solid defence in this case as the usage is merely describing the character (I assume). Of course the problem is internet
183.
by grabeh 14y ago
Actually that would be a good potential solution to have cookies on browsers automatically disabled but one that advertising networks and companies that rely heavily on advertising revenue (Google for example) are lobbying hard against for
184.
by grabeh 14y ago
No, consent is not assumed. From my understanding, most browsers are generally set up to accept cookies automatically. If it was the other way round, and users had to physically change their settings, this could be an appropriate opt-in. Th
185.
by grabeh 14y ago
Technically under the directive, any storage of information on the user's system should have the full consent of the user, with the exception of information which is strictly necessary for the functioning of the service requested by the use
186.
by grabeh 14y ago
> The ones with text inside them, or the other ones with text inside them? I don't understand how you decide between good and evil cookies. Yes, of course, on a basic level, there is no difference between cookies but I think it's reason
187.
by grabeh 14y ago
I was wondering when another sensationalist blog post would pop-up from Silktide. Last May, the ICO acknowledged that in certain cases, implied consent would be appropriate and this is judged on the basis of the type of cookies that a site
188.
by grabeh 14y ago
If css/html has been directly copied (evidenced say by comments from the original appearing in the copy) then that certainly creates a prima facie case for infringement. However, I would say in this case, although the new site may have bee
189.
by grabeh 14y ago
I would contact the ICO in the first instance. It would be the Department for Culture, Media and Sport that would deal with internet-related issues generally, then there is of course your local MP. I must admit to being a little surprised t
190.
by grabeh 14y ago
I don't think there's much to be gained from stating either way whether you prefer solo or group travel. I have personally enjoyed travelling solo and with friends. They both have positives and negatives. As people have said at least you ar
191.
Crowdsourcing the fight against tech patent trolls(businessweek.com)
1 points by grabeh 14y ago|0 comments
192.
by grabeh 14y ago
The question is whether it would be pursued under criminal law or civil. If under criminal law, you would expect the state to bring a prosecution if there was sufficient evidence and be responsible for all costs. However, in the UK for exam
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by grabeh 14y ago
wande.rs saunte.rs covested.org
194.
by grabeh 14y ago
I think the title is a little misleading. The article deals with the dismissal of the passing off claim which would be framed by Apple as a deliberate attempt by Amazon to pass off their own store as being related to Apple's. I highly doubt
195.
by grabeh 14y ago
Speaking in relation to the UK, a litigant would only be considered to be vexatious where a claim was considered to be without merit and was only being brought for the purpose of causing annoyance, which is a fairly high threshold to prove.
196.
by grabeh 14y ago
Usage of third party trade marks in a descriptive manner (including in the manner you reference) is generally permitted when in good faith. 'Nominative use' is how the term is referred to under US law. In addition to the identifying functio
197.
by grabeh 14y ago
I agree it is a weak argument but in any event I see the usage as legitimate in any event - as he is using the term 'FB' in a descriptive manner to help to describe the purpose of the product. There is nothing wrong with this in trade mark
198.
by grabeh 14y ago
My understanding of Simple is that the services they provide are simply provided by their partner bank, http://www.thebancorp.com/ , which is a regulated financial institute. I'm not sure how the issue of API access is relevant but this ma
199.
by grabeh 14y ago
The problem is that when an idea is in the embryonic stage it's often difficult to pin the central elements down that may be protectable. As you allude to, when you have something tangible like code then you are in a much stronger position.
200.
by grabeh 14y ago
Yes, it would be nice to work in a world where everything was standardised and obviously there are attempts in certain areas to standardise documentation to allow quicker negotiations and deal flow (ISDA documentation for example). However,
201.
by grabeh 14y ago
Why blame lawyers for the instructions and aims of their clients in engaging in litigation? It is up to the courts to judge the legitimacy of a claim on its merits, not bar associations to determine that someone is unfit to practice purely
202.
by grabeh 14y ago
If protection was granted for contract clauses, firstly it would be far easier to search for existing clauses that were protected, and secondly, it would be far easier to draft around a protected clause. Also, in the patenting process in th
203.
by grabeh 14y ago
Perhaps the civil discourse and common sense preceded the issuance of proceedings, but was to no avail.
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by grabeh 14y ago
Sending a letter without outlining your legal position is precisely the kind of approach which could lead to a drawn out legal battle. Outlining your legal position in terms of agreed law will help to remove ambiguity and opinion from the e
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by grabeh 14y ago
Trade mark law seeks to balance the interests of people with distinctive brands to protect against the interests of the wider public in being able to use words in a descriptive sense to describe their product. I personally think moot is ver
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by grabeh 14y ago
They have respectfully suggested a name change because they know they do not have a strong case. I find the letter a surprising move from someone so aligned with internet counter-culture. I think it's fair to say that a large majority of in
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by grabeh 14y ago
Good point! Although that would undermine Randazza's proposal in the article to sue for copyright infringement, on the basis that the owner of the copyright photos has presumably granted permission to utilise the photos.
208.
by grabeh 14y ago
So if they want to benefit from DMCA safe-harbor and the user-generated content defence, then they or the host would also have to remove content expeditiously following a DMCA-request, which rather nullifies the extortion element of the rel
209.
by grabeh 14y ago
A creation can simultaneously attract its own copyright protection (if sufficient labour/skill has been expended in its creation) whilst at the same time infringe a third party copyright. In the above examples, if there is a substantial rep
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by grabeh 14y ago
Looking forward to attending very much!

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