Bakery Battle: Univ. of Alabama Program Threatens Local Cake Maker

Mary Cesar, the owner of Mary’s Cakes & Pastries in Northport, Alabama has routinely placed a script letter “A” on cakes she designed for University of Alabama-sponsored functions.

But Cesar recently received a formal cease and desist letter, demanding that she stop using "trademarks, name, logos, colors, slogans, mascots and other indicia associated with the University."

The letter was sent by Collegiate Licensing Company in Atlanta, which has a contract with UA to provide licensing services for the university's trademarked items.

"If UA sues us, it will put us out of business because we are a really small mom-and-pop-type of business," she told the Associated Press.

Cesar said her research indicated it would cost $750 to $3,000 to apply for a license to use the trademarks, a fee she said wasn't justified by her small volume of bakery items.

Cesar opened her bakery in Northport six years ago after moving to Alabama from California. Her main business is custom-decorated cakes. The bakery also makes pastries and cookies, including theme-shaped cookies that she varies throughout the year.  She reportedly started selling cookies shaped like elephants, hats and footballs, particularly during the fall, beginning several years ago.

The hat cookies had a light gray icing and squiggles like a houndstooth pattern, invoking memories of Paul W. "Bear" Bryant, and she had another cookie resembling Nick Saban's signature straw hat.  The elephant and football cookies often had a capital "A'' on them, making them popular with many local football fans.

UA has a reputation for aggressively protecting its brands.  But earlier this year, a federal appeals court sided with Alabama artist Daniel Moore in a trademark dispute involving UA. Moore is known for original paintings with sports themes, including many paintings depicting major moments in UA football games.

UA sued Moore, claiming he infringed on the university's trademarks by showing trademarked words and images in his paintings.

A federal appeals court rejected UA's argument this year, ruling the paintings were an artistic expression protected by the First Amendment.

FBI Shuts Down Major Android Application Piracy Sites

On August 21, the FBI announced that it had seized Applanet.net, SnappzMarket.net, and AppBucket.net with the cooperation of domestic and foreign governments, for offering illegally pirated android applications in violation of copyright laws.

Between the three sites, they hosted more than 50,000 cracked applications and games, and had collectively over 120,000 followers on Facebook and Twitter.

Prior to the execution of warrants and the seizure of the domain names, FBI agents downloaded thousands of "popular copyrighted mobile device apps" from the alternative online markets.

Apparently these applications were stored on web servers outside the U.S., which required the cooperation of Dutch and French law enforcement agencies.

From a Russian Prison Cell, Pussy Riot Seeks to Trademark Its Name

Игорь Мухин/GNU Free Documentation License

Several members of the punk rocker/feminist activist group known as "Pussy Riot" have sought to trademark the name from their Russian prison cell.


In February 2012, the controversial group performed a 30 second concert of sorts on the soleas of Moscow's Cathedral of Christ the Savior, in which they hurled obscenities against Virgin Mary, the Russian President Vladimir Putin and the Moscow Patriarch of the Russian Orthodox Church.

After a trial, they were found guilty of hooliganism motivated by religious hatred and sentenced to 2 years in prison.


Fear for their lives apparently hasn't dampened their ardor or intellectual property strategy, which consists of seeking to protect their name from unauthorized uses.

Pussy Riot's trademark lawyer said the group wishes to discourage attempts to use its name to derive profits or promote "questionable" projects that contradict its "ideals and aspirations."



He claims that profits will be tolerated only if the proceeds are used to "further fight the political system's imperfections."

China Accuses U.S. of Waging an "Invisible War" on the Internet

The Chinese government has demanded that the U.S. cede control of the Internet, accusing it of waging an "invisible war" against its enemies on the web.

In an article appearing in China's official newspaper, China accuses the U.S. of conducting a "pre-emptive strike" by refusing to give up control of the Internet in the name of protecting what it calls a “global resource.”

China claims that the U.S. has taken unfair advantage of its control over the Internet to launch an "invisible war" against its enemies, and to intimidate and threaten other countries.

The article cites as an example how, during the Iraq war, the U.S. government in 2003 asked ICANN to terminate all services related to Iraq’s TLD “.IQ” leading to all websites linked to such domain names disappearing overnight.

The article also points out that 10 of the Internet's 13 root zone servers are located within the U.S., allowing the federal government to "supervise the Internet for national security reasons" under U.S. laws.

By doing so, however, China argues, the U.S. federal government actually gains access to all information transmitted online while "other countries can do nothing about it."

As a "big country on the Internet," China says that it "opposes the U.S.' unreasonable and unilateral management of the Internet" and seeks to work with the international community to "build a new Internet governance system."

Insane Clown Posse: Branding Geniuses or Violent Gang Subculture?

ICP Fans, image from InsaneClownPosse.com website

From both a musical and branding perspective, the Insane Clown Posse (often dubbed "ICP") are a bizarre phenomenon.

The ICP is a rap duo composed of Joseph Bruce and Joseph Utsler, who perform under the respective personas of the "wicked clowns" Violent J and Shaggy 2 Dope.

The duo performs a style of hardcore hip hop known as horrorcore known for its elaborate live performances.  The duo has earned two platinum and five gold albums.

ICP may be counter-cultural, but they are very brand-conscious, and have developed an incredibly dedicated following of fans surrounding their musical genre.  They are no strangers to successful merchandising, either.

Logo on Tote Bag ($10 on ICP website)

For example, the band adopted the "FAYGO" brand soft drink, by referencing the relatively unknown Detroit-based soda brand in several songs.  The group's fans are widely credited with supporting the company.

ICP's hardcore fans, dubbed "Juggalos," are such a dedicated and cohesive subculture that the FBI recently categorized them as organized criminals.

The FBI's 2011 National Gang Threat Assessment report identified Juggalos as a "hybrid gang" akin to violent groups like the Crips and Bloods.

But ICP is now fighting back for its beleaguered fans, by filing a civil lawsuit against the FBI for unlawful discrimination.

The lawsuit seeks to stop the FBI from "violat[ing] the rights of Juggalos on the mistaken belief that they are 'gang members,'" according to a statement posted on a new website, JuggalosFightBack.com.

Being labeled a "gang member" can result in much harsher penalties for certain crimes, according to the Justice Department’s National Gang Center.

To fight back, the Insane Clown Posse’s new website is offering a free legal review to any ICP fan who may have been profiled or harassed.  Fans can fill out a form online, for potential inclusion in the lawsuit.

“We’re not attacking the FBI, but they got this wrong,” Bruce said in a statement. “The Juggalos are not a gang, and that needs to be fixed."

The lawsuit is “probably the biggest announcement of our career,” the duo said via Twitter.  “Yes we’re nervious [sic].”

It seems that even wicked clowns are scared of litigation.

Over 20,000 Pairs of Red Soled Shoes Seized by U.S. Customs in Los Angeles

Photo Provided by CBP Photographer Josh Denmark

U.S. Customs and Border Patrol agents stationed at a port in Los Angeles seized 20,457 pairs of fake Christian Louboutin shoes shipped from China, U.S. officials said Thursday.

The counterfeit "red soled" shoes had a domestic value of over $50,000, but would have fetched over $18 million if they had reached the streets, according to U.S. Customs and Border Protection officials.

In 2011, Christian Louboutin filed a trademark infringement lawsuit against designer Yves Saint Laurent, involving the red sole trademark.

However, in August 2011, U.S. District Court Judge Marrero in the Southern District of New York (Manhattan) denied the designer's Motion for a Preliminary Injunction.

The judge questioned the validity of the red sole trademark, writing, "Louboutin's claim would cast a red cloud over the whole industry, cramping what other designers do, while allowing Louboutin to paint with a full palette."

The District Court's denial of Louboutin's Preliminary Injunction application is currently pending on appeal before the U.S. Court of Appeals for the Second Circuit.

ICANN Must Face Antitrust Scrutiny for Approving .XXX Top Level Domain

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Craig Sues James (But Not Angie) for a "List"

Craigslist, the popular free website, has filed a trademark infringement lawsuit against the Swedish owners of Jameslist.

Craigslist offers users job postings, apartments, and all manner of items for sale (and sometimes even for free).

In contrast, Jameslist offers only absurdly high-end luxury real estate and items for sale, such as ninety million dollar mansions, private jets, yachts, sports cars and other accouterments of the wealthy and uber-famous.  It bills itself as "the World's Luxury Marketplace."

The federal lawsuit, filed in U.S. District Court in San Francisco where Craigslist is headquartered, alleges that Jameslist was coined as an admitted play on words to bring Craigslist to mind.  The suit alleges that consumers will be confused.

Some commentators have pondered why, given Craigslist's apparent concern about confusion arising from the use of a first name and "list," it has never sued Angie Hicks, the founder of Angie's List, which offers reviews of roofers, plumbers, housekeepers and contractors.

The lawsuit notes that there had been a previous administrative proceeding when James had sought U.S. trademark recognition, but that proceeding ended with the entry of judgment against Jameslist.

Can you guess which items appear on Craigslist or Jameslist, respectively, by just looking at the pictures below?  Answers appear at the bottom.

#1

#2

#3

#4

#5

#6

Answers:

#1:  $72,000,000 Yacht for sale on Jameslist.
#2:  $130/month shared room for rent on the Bronx on Craigslist.
#3:  FREE keyboard on Craigslist.
#4:  $90,000,000 Woolworth Mansion for sale on Jameslist.
#5:  Aston Martin for sale for $250,000 on Jameslist.
#6:  Goodyear tires (slightly used) for sale for $150 on Craigslist.

FBI Now Permits Use of Government Seal by All Copyright Owners

The official Anti-Piracy Warning (APW) Seal, seen above, has been approved by the U.S. Attorney General as an official insignia of the FBI and the U.S. Department of Justice.

Previously, use of the Anti-Piracy Warning Seal previously was limited to entertainment and software industry associations that had entered into written agreements with the FBI.  It became an ubiquitous symbol at the beginning of movies on VHS and DVD's.

However, as of this Monday, any copyright holder from any sector, regardless of membership in a formal association, can obtain the seal by checking off a box to confirm consent with a list of prohibitions and conditions.  The terms of use cite, among other things, that holders cannot animate or alter the emblem, or use it on child pornography.

The seal is part of a public awareness campaign to remind consumers they are subject to fines or jail time for intellectual property infringement.  Copyrighted works include films, audio recordings, electronic media, software, books and photographs.

The symbol does not provide greater legal protections for owners or signal additional penalties for violators.

Rather, the official insignia “simply serves as a widely recognizable reminder of the FBI’s authority and mission with respect to the protection of intellectual property rights,” bureau officials said in a statement.

Lawful use requires the below authorized text to be placed immediately adjacent to Seal on the copyrighted work:

The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by fines and federal imprisonment.

Internet Scammers Target Sophisticated Law Firms

A creative and sophisticated Internet scam has targeted sophisticated law firms.

Indeed, the Gioconda Law Group PLLC was targeted by this type of scam artist, but (thankfully) we were able to recognize it very quickly.


It works like this:  A potential foreign client that appears to be legitimate will send an unsolicited e-mail inquiry seeking legal assistance in collecting a relatively modest commercial debt that it claims is owed to them.


For example, a Taiwanese company that supplies parts and equipment to electronics vendors will contact a New York law firm, claiming that it sold $1.2M worth of goods to a New York-based electronics business.


The company will provide a variety of written documentation to the law firm that appears totally legitimate, including signed contracts, supply agreements, purchase orders and invoices.


The company will gladly sign a formal lawyer's engagement letter and agree to pay the lawyer for his time and effort in seeking to collect on the debt.

The company will eventually send an e-mail to the lawyer saying, "Great news!  The debtor has agreed to pay for the goods and send you the settlement check for processing.  Please deduct your fee and send us the remainder by international wire transfer."


If the lawyer doesn't catch on by then, he may indeed deposit the settlement check, and wire the funds to the company.

However, the check he deposits is counterfeit, and the law firm is left holding the bag for the missing funds that it wired to the foreign company from its trust account.

Sound implausible?  

Some of the biggest law firms in the country have been suckered into writing trust account checks or wiring money to bank accounts based on funds they thought had cleared their trust accounts, only to later learn that the check deposited with the law firm was a forgery.  The result is that the law firm ends up on the hook for hundreds of thousands of dollars, while the recipient of the money has disappeared.

Minnesota law firm Milavetz, Gallop & Milavetz (MGM) fell victim to such a fraud three years ago.  Founding partner Robert Milavetz says that when MGM got an email from a 40-year old Korean woman seeking to collect a $400,000 judgment owed her for an accident, the firm thought nothing of it: "We do this kind of thing every day," he says. "We help people get settlements. That's what lawyers do."

In one recent case, a pair of foreign nationals are facing criminal charges for allegedly having duped 70 U.S. lawyers and law firms out of $29M and of having tried to make off with another $100M from 300 more.

Lawyers must implement and consistently utilize a high level of due diligence when taking on new clients, especially ones that are self-introduced through online channels.

Ask for tax returns or other official documentation demonstrating that the client has been a solvent business for at least the previous two or three years.  Ask for professional references or other credentials, and don't let your zeal to take on a new matter cloud your judgment.

The moral of the story is, if the deal sounds too good to be true, it probably is.

Is Republican Vice Presidential Candidate Paul Ryan Pro-Techie?

Congressman Ryan with President Barack Obama

Now that former Massachusetts Governor Mitt Romney has declared Wisconsin Representative Paul Ryan to be his running mate in the fall Presidential election, both the pro-tech crowd and the pro-IP crowd are checking their file histories to see where he stands on hot button issues relevant to their particular industries.

Mostly, Ryan's views are in line with the current Administration, according to TechCrunch, which declares that he has "(mostly) been a friend to technology."

Interestingly, Ryan switched his views on the Stop Online Piracy Act ("SOPA"), going from supporting it to opposing it midstream, reportedly after Reddit waged a campaign to get him to change his vote. Ryan seems to oppose Net Neutrality, at least according to Wired.

Overall, it would seem to be a consensus that he is a pro-techie VP candidate, which is in contrast with the current Vice President, who has more in common with the content creator/Hollywood community than the techie crowd.