I wasn't trying to say that Microsoft will lose this case. Dilution claims usually only work if the plaintiff's mark is famous. Is Tele Vista a famous mark? I'd never heard of it before this article. I dont think MS has much to worry about.
Is this case in the US or France? I don't know France's trademark law so if it is there then everything I've said could be incorrect.
Actually you can sue for dilution when someone uses a similar mark as yours even though the two are used in different industries. Likelihood of confusion is not a factor in a dilution claim. However, dilution suits are usually successful only when your mark is considered to be famous. I don't think he'd win on that.
A good example is "victoria's secret" vs. "victor's little secret."
I did like a 2 minute search on Lexis and one case I found was where a county government sued for copyright infringement on tax maps and it was dismissed due to the state's FOIA. So even if they are able to get copyright, the FOIA may trump it.
FYI: It's called the "sweat of the brow" doctrine, which allows you to get a copyright in something that is not creative just by putting a certain amount of work/money into it.. Other countries have it for copyright but the U.S. does not.
#5 would pretty much prevent the "little guy" inventor from ever getting patents. It takes a lot of money to make a prototype and corporations are generally the only ones who are able to do it.
First of all, the word "guilty" doesn't really exist in the civil arena. Liable is a better word.
As for making sure the defendant is liable, there are many times when the plaintiff doesn't really know for sure and the only true way is through discovery. Most defendants won't hand over their private evidence until they are demanded to do so by a court. Yea, sometimes this forces an "innocent" defendant to be brought into court but in the end justice is served when the truth comes out. Unfortunately a lot of money is spent to get to that point.
Someone can correct me if I'm wrong on this but I think a side effect of global warming is that some areas actually drop in temperature. The overall average temp of the Earth, however, rises.
Nothing looks shady to me about that. All he did was sell 2,400,000 shares and then rebuy that same amount at his option price. Happens all the time. Check out almost any company and you will see the same thing happening on a regular basis.
The Global Hawk has had approval to fly in US airspace for a couple years now and it is flown over the US quite often. Same thing with other manned surveillance aircraft. Where do you think they test those radars?? Also, I believe the Predator (or other UAVs) was used in New Orleans after Katrina for recon. Why didn't anyone bitch then?
So no one is on the plane...that doesn't seem much different to me than having a manned aircraft fly around and watch what you are doing. Highway patrols have been doing this for years catching speeders.
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I wasn't trying to say that Microsoft will lose this case. Dilution claims usually only work if the plaintiff's mark is famous. Is Tele Vista a famous mark? I'd never heard of it before this article. I dont think MS has much to worry about.
Is this case in the US or France? I don't know France's trademark law so if it is there then everything I've said could be incorrect.
Actually you can sue for dilution when someone uses a similar mark as yours even though the two are used in different industries. Likelihood of confusion is not a factor in a dilution claim. However, dilution suits are usually successful only when your mark is considered to be famous. I don't think he'd win on that. A good example is "victoria's secret" vs. "victor's little secret."
It was enough to get the case dropped so apparently it has everything to do with this case.
Yea this stuff has been around for years: http://www.touchtable.com/site/index.php http://www.ms.northropgrumman.com/touchtable/ http://www.military.com/soldiertech/0,14632,Soldie rtech_TouchTable,,00.html
http://www.merl.com/projects/DiamondTouch/
The Mitsubishi one can recognize multiple users. I've used it and it's pretty cool.
Touch tables are nothing new but it would be cool to see Microsoft start marketing this to consumers.
I did like a 2 minute search on Lexis and one case I found was where a county government sued for copyright infringement on tax maps and it was dismissed due to the state's FOIA. So even if they are able to get copyright, the FOIA may trump it.
FYI: It's called the "sweat of the brow" doctrine, which allows you to get a copyright in something that is not creative just by putting a certain amount of work/money into it.. Other countries have it for copyright but the U.S. does not.
We don't either
#5 would pretty much prevent the "little guy" inventor from ever getting patents. It takes a lot of money to make a prototype and corporations are generally the only ones who are able to do it.
Aren't there approximately 27,352 comments like yours for every Slashdot article? What makes yours news or interesting in any way?
First of all, the word "guilty" doesn't really exist in the civil arena. Liable is a better word. As for making sure the defendant is liable, there are many times when the plaintiff doesn't really know for sure and the only true way is through discovery. Most defendants won't hand over their private evidence until they are demanded to do so by a court. Yea, sometimes this forces an "innocent" defendant to be brought into court but in the end justice is served when the truth comes out. Unfortunately a lot of money is spent to get to that point.
I believe it was outside in preparation for launch...
Someone can correct me if I'm wrong on this but I think a side effect of global warming is that some areas actually drop in temperature. The overall average temp of the Earth, however, rises.
I don't know about NWA but some airlines don't actually scan your ticket at the gate. The airline person just takes the stub.
Is that why there is a "Made for Windows XP" sticker on it?
Already been done: 6,993,573
You're talking about performers, NOT artists. Therefore, your argument is invalid.
one hell of a typewriter...
Nothing looks shady to me about that. All he did was sell 2,400,000 shares and then rebuy that same amount at his option price. Happens all the time. Check out almost any company and you will see the same thing happening on a regular basis.
The Global Hawk has had approval to fly in US airspace for a couple years now and it is flown over the US quite often. Same thing with other manned surveillance aircraft. Where do you think they test those radars?? Also, I believe the Predator (or other UAVs) was used in New Orleans after Katrina for recon. Why didn't anyone bitch then?
So no one is on the plane...that doesn't seem much different to me than having a manned aircraft fly around and watch what you are doing. Highway patrols have been doing this for years catching speeders.
Well, considering that police aren't even required to help you, I doubt 911 has any requirement to do so either.
http://en.wikipedia.org/wiki/Karma_whore
The mistake was choosing the wrong word, not incorrect spelling. Therefore it was a grammar problem.
"Overseas" not oversees
And even more...Touch Table by Applied Minds
So are saying that you can sue if the USPTO approves your patent and then later decides it is invalid?