Rules For The Revolution: The Podcast

Answering your questions about podcasting, new media and the law.

Episode 014: More on TMs with Marty Schwimmer (infringement, dilution, and other TM disputes)

Welcome to Rules for the Revolution. Click on this link to listen to Episode 014 or subscribe and listen through iTunes


Host: Colette Vogele

Guest: Martin Schwimmer

Martin Schwimmer
Martin Schwimmer is a principal at Schwimmer Mitchell Law and has been Of Counsel to Moses and Singer since 2007. Marty’s practice is concentrated in the area of U.S. and international trademark law and domain name counseling, prosecution and litigation. He represents some of America’s largest corporations regarding the special policing issues raised by use of brand names on the Internet. Managing Intellectual Property magazine identified Mr. Schwimmer as one of the best trademark lawyers in the United States. Marty also publishes The Trademark Blog, widely recognized as a leading source of trademark news and case analysis.

Topics and Questions for Episode 014: In this episode, Colette discusses with trademark and domain name expert Marty Schwimmer issues of trademark infringement like what to do if you receive a cease & desist letter? What is cybersquatting? What is counterfeiting? What is trademark dilution? What is the UDRP and ICAAN? Where can I be sued? And what is the Declaratory Judgment Act?

Links for this Episode

  • Lanham Trademark Act
  • Anti-cybersquatting act
  • UDRP
  • UDRP Opinion Guide from Harvard
  • Patent and Trademark Office Website
  • Declaratory Judgment Act
  • Amercan Blind vs. Google case
  • As always, you can reference the The Podcasting Legal Guide: Rules for the Revolution for more information on legal questions related to podcasting.

    Credits: Benjamin A. Costa, Legal and Production Intern. Music for this episode is licensed from Magnatune. (Artist: Burnshee Thornside; Album: The Art Of Not Blending In; Song: Can I Be A Star.) Special thanks to Creative Commons and Alex Roberts for the logo design, and to Bill Streeter for getting this site designed and rolling for us.

    Feedback: We would very much like to hear from you and get your feedback on this new podcast series. Things you like, don’t like, or questions you have that you’d like answered in a future episode are welcome. Please send us your feedback and questions by emailing us at colette [at] rulesfortherevolution [dot] com or by calling our listener comment line at 206-350-5738.


    Creative Commons License

    The original content of this podcast is licensed under a
    Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. Please attribute legal copies of this work to “Colette Vogele, Rules for the Revolution: The Podcast”. For information on commercial use, please contact colette [at] vogelelaw [dot] com.


    2 Comments so far

    1. Marechaux June 16th, 2007 10:43 am

      I’ve been trying to listen to your podcast for some time now, and have downloaded it a few times only for it not to work. I finally dug down to why — it’s an .m4a file, not an .mp3. I can convert it in iTunes, but it’s time consuming and … I probably won’t make the effort. Why pick a non-standard format that doesn’t work in pTunes and probably a ton of other players?

      Perhaps you’ve given the answer on your show, but as I can’t listen… I haven’t heard it.

    2. Benjamin Costa June 19th, 2007 7:06 pm

      Hi Marechaux and others,

      I am the producer of the podcast, and just wanted to chime in on the format issue.

      Each show is individually available as an mp3 already. All you have to go the show page itself. That is, as at the top of this page, each episode has a “click this link to listen to episode x” If you right-click (or control-click for Macintosh users) you can download the file by selecting “download linked file.” That file is in mp3 format already, so there is no need to convert from there.

      The RSS feed that links through iTunes is in AAC (M4A) format because it allows us to use artwork for the podcast, set chapters within the file, and makes the file size smaller for comparable quality when compared with mp3.

      I am curious though as to whether others are having the same issue? If there is a demand for an mp3 version of the feed to account for these users, it is certainly something we can do going forward. If any other users are having a similar issue, or would just like to see the podcast subscription available in mp3 format, please leave a post to let us know. We run the show, but your feedback and your interests are what really make it go.

      Thanks for listening, and thanks for taking an interest in making the show better and more accessible to a wider audience.