|Scrivener's Error||Law and reality in publishing (seldom the same thing) from the author's side of the slush pile, with occasional forays into military affairs, censorship and the First Amendment, legal theory, and anything else that strikes me as interesting.|
link to: 08:03 [GMT-8]
So as to avoid any accusations of being US-centric (yeah, right, with the unusually-high-if-not-entirely-satisfactory proportion of links to overseas and non-English-language stories here), I am explicitly declaring this an international link sausage platter. And it's at least as valid a declaration as that for a certain diner chain being "nternational" because it has some Yankeefied toppings inspired by foreign toppings for entirely different (but similarly shaped and cooked) hotcakes...
But I'll raise a pint of ale to the beginning of the end of the Bud wars. I'm less optimistic than is the nice kitty that Anheuser-Busch, Inc. v. Budejovický Budvar, T225/06 renv, really marks the end of this dispute; it is almost inevitable that it will be appealed back to the Court of Justice, and the ruling is — in typical European style — nondispositive. This is a longstanding dispute over who has the right to the mark "Bud" associated with beer, but not necessarily just for beer, in the EU — a relatively small brewery in Austria that puts out a pathetic lager, or an international conglomerate (now, ironically enough, an "EU citizen" from Belgium) famous for rebottling the urine from its "iconic" Clydesdales and selling it as beer. The key point seems to be that "use in commerce" must be purposeful and significant to maintain a priority claim to a mark... and the equivalent of a few dozen cases of beer in a particular territory out of a sea of beer does not suffice. The unclear implication is that a later user can, in fact, gazump a trademark claim of the "senior user" if the "senior user"'s use is essentially noncommercial — merely placing material into the stream of commerce is not enough by itself, there must be some kind of discernable and substantial use of the stream of commerce. The downside of this is that, by implication, an unsuccessful marketing campaign can lead to loss of rights in the mark; by US analogy, perhaps Edsel would not be protectable. I need a few pints of decent ale to really assimilate this decision. And it's nearly Miller Time over across the pond... oops.
Ritual disclaimer: This blog contains legal commentary, but it is only general commentary. It does not constitute legal advice for your situation. It does not create an attorney-client relationship or any other expectation of confidentiality, nor is it an offer of representation.
All material © 200313 except where otherwise indicated. All rights reserved. This blawg does not use the Creative Commons License, although I'm usually pretty good-natured about permissions for attributed reuse.
I approve of no advertising appearing on or through syndication for anything other than the syndication itself; any such advertising violates the limited reuse license implied by voluntarily including syndication code on this blawg, and I do not approve aggregators and syndicators whose page design reflects only an intent to use the reference(s) to this blawg without actually providing the content from this blawg.
Internet link sausages, as frequently appear here, are gathered from uninspected meaty internet products and byproducts via processes you really, really don't want to observe; spiced with my own secret, snarky, sarcastic blend; quite possibly extended with sawdust or other indigestibles; and stuffed into your monitor (instead of either real or artificial casings). They're sort of like "link salad" or "pot pourri" or "miscellaneous musings" (or, for that matter, "making law"), but far more disturbing.
I am not responsible for any changes to your lipid counts or blood pressure from consuming these sausages... nor for your monitor if you insist on covering them with mash or sauce.
Now live at the new site. I have arranged some of
infamous threads that have appeared here
by unravelling them from the blawg tapestry (and hopefully eliminating some
of the sillier typos). Sometimes, the threads have been slightly reordered for clarity.
Links of Interest
Links open in a new window.
Other Blawgs, Blogs, and Journals
These may be of interest; I do not necessarily agree with opinions expressed in them, although the reasoning and writing are almost always first-rate (and represent a standard seldom, if ever, achieved in "mainstream" journalism). I'm picky, and have eclectic tastes, so don't expect a comprehensive listing.
A blawg is sort of like a blog on legal issues, but usually has a lot more links to outside resources (other than other blogs) than does a typical blog. Scrivener's Error is a blawg, not just a blog. You can find other blawgs at < ? law blogs # >.