Bas Grasmayer is not allowed to use any version of his own damned name in a URL or Display Name. Of course, if you’re in SoundCloud’s shoes, you’re in a tough spot. They don’t want to get sued, and the intermediary liability protections around trademark are even weaker than they are for copyrights.After writing back to SoundCloud with a “hey, but that’s my name…” message, the company has told Bas if he can prove that’s his name then maybe, just maybe, the company can push back on his behalf
The Democratic Party has appointed a committee tasked with drafting the party’s platform. The 15-member panel includes MPAA lobbyist Howard L Berman, an attorney and former U.S. Representative who not only co-sponsored SOPA and tried to enshrine P2P network sabotage in law, but has also been funded by Hollywood throughout his career.
The White House has been curiously quiet on the Trans-Pacific Partnership front, following its earlier fanfare about the agreement when it was signed in February. Yesterday with the release of the U.S. International Trade Commission (USITC)’s almost 800-page report on the TPP’s Likely Impact on the U.S. Economy and on Specific Industry Sectors [PDF], we can expect the rhetoric to be ramped up again, in attempt to sell the agreement to an increasingly skeptical Congress and public.
Several years ago, we wrote about InXile, a game studio that rode Kickstarter success to producing Wasteland 2. The theme of the post was about how open and awesome InXile had been to its backers and other Kickstarter projects, bringing a gracious attitude to the former and promising to use some of the game’s proceeds to pay it forward to the latter. These actions built a nice reputation for InXile, somewhat unique in gaming circles, by engaging with fans and customers alike, while also acknowledging the rest of the industry. In short, InXile was human and awesome. Yet, since then, InXile has occasionally acted aggressively in enforcing the trademark it has on the term “Wasteland” for the gaming industry. First, in 2013, it forced a smalll gaming studio to change the name of a game it had originally called Wasteland Kings to Nuclear Throne after InXile contacted them. And, now, InXile has gone a step further and fired off a cease and desist letter to a single developer attempting to produce his own shooter game, which he had entitled Alien Wasteland.
Vice Media, a company valued at $2.5 billion whose CEO once spent $300,000 on dinner, wants ViceVersa, an unsigned Los Angeles indie band whose members are struggling to pay rent, to change its name — or else. In a cease-and-desist letter sent to the band, a copy of which was obtained by The Huffington Post, the media behemoth says the three-piece rock outfit’s name and logo both sound and look too similar to Vice’s own name and logo. The band, the letter argues, is “infringing on the exclusive rights held by Vice Media in the VICE® Mark” and is “likely to confuse consumers as to the source of services offered under [ViceVersa’s] mark, and wrongly implies that Vice Media sponsors, endorses or is otherwise affiliated with [ViceVersa].”
Given that Booking.com filed the trademark application as a “travel agency service,” Booking.com’s lawsuit, filed April 15 in federal court in Alexandria, Virginia, states “there is no evidence in the entire history of Booking.com’s use of its trademark that any consumers or users of travel agency services refer to such sites as ‘Booking.com’s.’”
A Booking.com-commissioned survey found that 75 percent of its users “recognize BOOKING.COM as a trademark, not a common name,” the suit states.