On the Record

By: Danny Jacobs

I am simply going to cut the cheese - I mean, cut to the chase - and say this post is about digital farting.

Specifically, the flatulence apps available for the iPhone. In one corner is iFart; the other, Pull My Finger. IFart is seeking a declaratory judgment allowing it to use the phrase “pull my finger” in its ads, which Pull My Finger’s parent company claims is trademark infringement.

The suit was filed in February, and you can read about the case here. I also highly recommend reading iFart’s lawsuit, specifically paragraphs 11 through 13, for an actual legal discussion related to passing gas.

I bring all of this up because last night, The Daily Show ran a story on the legal rumblings. I’m just glad none of this is scratch-and-sniff.

The Daily Show With Jon Stewart Mon - Thurs 11p / 10c iFeud www.thedailyshow.com Daily Show Full Episodes Political Humor Joke of the Day

By: Danny Jacobs

Kevin Cogill, the blogger who leaked songs from Guns N’ Roses’ new album last year, was sentenced to one year of probation last week by a federal judge in Los Angeles. Cogill will also serve two months of home confinement (which I heard a DJ joke will give Cogill plenty of time to leak more albums), allow the government to keep tabs on his computers and record a public service announcement for the Recording Industry Association of America.

Cogill, whose nom de blog is Skwerl, pleaded guilty earlier this year to one count of copyright infringment, a misdemeanor, according to the Associated Press. He faced a maximum of one year in jail and fines and restitution in the amount of $371,000.

Cogill’s site, Antiquiet, has a bit more colorful take on the case’s outcome. (Warning: “colorful” means “uses profanities.”) Cogill himself commented that he respects artists’ right to decide how their music is released.

“In that sense, I will concede to an error in judgement I do not intend to repeat,” he wrote.

By: Robbie Whelan

OK, this post may get a tad convoluted, so please bear with me.

Yesterday I got an email from the listserv at Ram’s Head Live, the downtown Baltimore concert venue where I’ve seen two concerts in the last month, advertising a newly-announced show by indie-pop star Santigold. Now, the reason this caught my eye — I’m not a huge fan of her brand of punk-meets-reggae-meets-hip-hop-remix style — is because until a few months ago, the singer was known as Santogold with an “O.” This is important because 2008 was a break-out year for Santogold. She toured in support of British supergroup Coldplay, her album made influential music website Pitchfork.com’s Top 50 “best of” list, and her songs were remixed  by big-name DJs.

So I did some googling in search of an explanation, and ended up lost in a weird world of infomercials, space aliens, fake rock stars, and ’80s pro wrestling movies shot inside the Baltimore Civic Center (now 1st Mariner Arena).

Let me explain. Read the rest of this entry »

By: jackie.sauter

“Welcome to the courtroom, we set bail set at 10K,” probably was not a variation on “Welcome to the Jungle” Kevin Cogill had ever considered. Yet those were the circumstances he faced Wednesday morning in federal court in Los Angeles.

Cogill’s alleged crime: leaking nine songs off Guns N’ Roses long-anticipated new album on his blog earlier this year.

What makes the story even more interesting is Cogill just about predicted Wednesday’s arrest and legal troubles on his blog, Antiquiet (which, be warned, does contain profanity).

Cogill, 27 and a huge GNR fan, posted the songs on Antiquiet in June. The rush of users caused the entire site to crash and the songs were eventually removed. “Also, we got a call from Guns N’ Roses,” Cogill noted in the same revised post, foreshadowing his future troubles. “Stay tuned.”

Three days ago, Cogill, aka Skwerl, asked his readers if they knew any good lawyers who could represent him in the copyright infringement case. The FBI had been interviewing him and collecting information, he said. “More and more each day, it looks like I may be indicted.”

It appears the site’s remaining bloggers will keep tabs on the legal proceedings. The last post noted that the judge let Cogill go home on a signature bond for the $10,000 and told him not to leave the district before his next court date, a preliminary hearing on Sept. 17.

The leaked songs are from “Chinese Democracy,” an album 10 years in the making that has reportedly already cost $13 million. Still no official word on when Axl Rose and Co. plan to release the album — nor if Cogill will be in jail or a free man the first time he hears it.

DANNY JACOBS, Legal Affairs Writer

By: jackie.sauter

The story in today’s Daily Record about the trademark fight over “Mighty Mouse” computer devices reminded me of the big-cat fight that arose about a dozen years ago.

In one corner was Tony the Tiger, Kellogg Corp.’s animated pitch man, er, feline, for Frosted Flakes. In the other was the tiger from Exxon, now ExxonMobil Corp.

Kellogg sued Exxon, claiming its tiger’s resemblance to Tony infringed on Kellogg’s trademark and created confusion among patrons at the gas company’s Tiger Mart convenience stores, which Exxon had recently introduced.

Exxon sought dismissal of the claim, saying the company had used the tiger as its symbol for about 30 years without objection from Kellogg. The cereal company said true, but argued that the infringement had only recently occurred, when Exxon went into the food-service business.

A federal district court agreed with Exxon and dismissed the case. But the 6th U.S. Circuit Court of Appeals sided with Kellogg and allowed the lawsuit to proceed.

The Supreme Court, which later that year would jump into a dispute between rivals for the leadership of the free world, chose in 2000 to stay out of the cat fight and let the 6th Circuit’s decision stand without comment. The case ultimately settled, according to Kellogg’s lawyers.

Can anyone think of a more epic (trademark) battle in our nation’s courts?

STEVE LASH, Legal Affairs Writer