Tatum and Denim blog

While Mattel has been on a roll of late with swank new toys, the firm has apparently hit a rough patch after being forced to recall “millions of toys including 436,000 die-cast cars.” The wee roadsters purportedly “contained excessive amounts of lead,” and now a class action lawsuit has been filed that aims to force the firm to “pay for the testing of children who might have gotten lead poisoning from the toys.” Reportedly, representatives from Mattel were unavailable to comment, but the outfit’s CEO has stated that “the company’s more aggressive testing methods to uncover tainted toys may lead to more recalls” in the future.

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Filed under: Cellphones

Apple and its batteries just can’t seem to catch a break, eh? This go ’round, Sydney Leung has filed a class-action complaint that reportedly accuses “both Apple and AT&T of fraud in neglecting to inform potential iPhone buyers of the costs involved in maintaining a working battery for the iPhone over the course of the handset’s lifespan.” The angered individual and his legal team are purporting that the iPhone’s battery “lasts only 300 complete charges before depleting entirely,” and also argue that Apple and AT&T didn’t address this issue until after customers had made their purchase. Of course, Apple specs show that the battery in question is designed to hold a full charge for between 300 and 400 cycles, while still holding a majority of that charge afterwards, so unless Mr. Leung’s (and a few others, too) battery mysteriously conked out after that oh-so-critical 300th charge, we’re failing to see what ground he’s standing on.

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Filed under: Portable Audio

It looks like AllofMP3 founder Denis Kvasov will be evading any time in the gulag, at least for the moment. If you’ll recall, EMI, Universal, and Warner Music filed suits against the highly dubious MP3-portal’s founder after launching a whirlwind attack resulting in Mastercard and Visa pulling their services for the Russian-based site, and the eventual collapse of the pretty-much-illegal download service. The suit sought damages from the “entrepreneur” to the tune of 15 million rubles (about $590,700 US), but according to reports, a Cheryomushky District Court judge threw out the case against Kvasov, stating that a legal loophole allowing AllofMP3’s particular kind of online music distribution continued through 2006 — one year after Kvasov left the company. Of course, two more cases are pending against the mogul, so it seems likely we’ll be hearing a lot more on this in the coming days and weeks.

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Filed under: HDTV, Home Entertainment

The seesaw match between DirecTV and Time Warner (parent company of AOL, which owns Engadget) over those blasted “superior HD” spots has reached another milestone, as a US appeals court has “upheld a lower court’s decision that prohibits the satellite television operator from airing advertisements that claim superior service in markets where Time Warner Cable operates.” Notably, the Court of Appeals for the Second Circuit did, however, “set aside part of the lower court’s order, saying the way it had been worded could be construed to prohibit the unfavorable comparison of even Time Warner Cable’s analog programming.” Ah well, it’s not like those ads were exceedingly enthralling to begin with, right?

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Filed under: Cellphones

Qualcomm — a company that’s arguably more used to suing than being sued — isn’t finding much luck in its protracted quest to avoid a Broadcom-led ban of its 3G hardware from coming into the States. Following a recent denial of its motion to stay the ban in the court system, the President of The United States himself (or his administration, anyway) has swooped in to render an executive judgment, and it ain’t looking any better for Qualcomm. Saying that the importance of protecting IP rights outweighs the inconvenience of the ban, the Bush folks have stood by the ITC’s decision to impose the ban in the first place, making it seem all that much smarter now for Verizon to have sidestepped the whole ordeal and paid Broadcom itself. Barring any last minute antics, the ban gets enforced starting tomorrow.

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Filed under: Laptops

The bickering that boiled over into a patent dispute earlier this year between 3M and Sony has finally ceased, but it seems like Lenovo and friends may actually still be fighting their own battles with the innovative giant. Nevertheless, Sony Corporation and Sony Electronics are now “licensed sources of batteries containing 3M’s cathode technology,” and while specific terms of the settlement shall remain confidential, we’re sure it was no small sum that Sony was asked required to pay out. One down, several to go.

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Filed under: Desktops, Laptops

While it’d be easy for Judge Colleen Kollar-Kotelly’s deferment to be an end-all solution to the recent Google vs. Microsoft spat, we’re inclined to believe that Google hasn’t had its last word just yet. As it stands, the judge in charge has reportedly said that “she will likely defer to an agreement on desktop search forged between Microsoft and the plaintiffs in the US government’s antitrust lawsuit against the software vendor instead of responding to a complaint from rival Google,” and further explained that she didn’t consider Google to “be a party in this case.” Unfortunately, that’s about all we’ve heard at the moment– but stay tuned, this one’s bound to go a few more rounds before the dust settles.

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Filed under: Cellphones, Wireless

If you’ve been a bit disappointed by Nokia’s offerings of late, it’s probably because the firm is shifting out of the cellphone industry and into the legal environment. Okay, so maybe it hasn’t called it quits in the handset game just yet, but this ongoing battle with Qualcomm is beyond ridiculous. Before Qualcomm even had time to swallow the previous counter-suit filed against it, Nokia is firing away again, and this time it’s claiming that its opponent “has illegally used six of its technology patents in its Brew smartphone and MediaFlo mobile TV chipset products.” Additionally, Nokia’s CTO got vocal by stating that this case was just “another example where Qualcomm has effectively copied Nokia’s innovations.” While we’re sure it’s getting difficult to decipher which counter-lawsuit belongs to which original grievance, this particular one apparently links to an April 2nd filing where Qualcomm “claimed that Nokia had infringed three patents.” C’mon folks, why not settle this like they do in the Alabama State Senate? [Warning: Read link requires subscription]

[Via Yahoo]

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Filed under: Desktops

“Me against the world” has taken on a whole new meaning for high school dropout Dennis Sheehan, who has taken Gateway to small claims court in a completely bizarre catch 22-laden case. Apparently, the now 46-year old Sheehan took his stubbornness out on the corporation who sent him a computer that “displayed scattered graphics” fresh out of the box. After the company purportedly refused to remedy the issue, the two have ended up in court where Gateway claimed that clicking through the EULA upon bootup eliminated his right to even sue; au contraire, claimed Sheehan, who explained that the malfunctioning PC wasn’t even able to render the text and allow him the opportunity to read it. Interestingly enough, a tentative ruling on May 24th sided with the plantiff and maintained that the case would stay in small claims court, but it looks like finality is still a good ways off for the perturbed ex-customer.

[Thanks, Mike]

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Filed under: Cellphones

Stock up on those 3G handsets, folks — they could become very valuable commodities here in the next few weeks. As part of an ongoing series of spats between wireless giants Qualcomm and Broadcom, the US International Trade Commission has ruled that handsets containing Qualcomm 3G chipsets (and that’s a whole heck of a lot of handsets) that are manufactured starting today may not be imported into the US. By all accounts, this appears to be much more than legal posturing on Broadcomm’s part — a ban is a ban — and we’ve gotta believe this’ll resolve itself right quick. But if for whatever reason it doesn’t, get ready for an eBay free-for-all in a gloomy, scorched-earth future where the only high speed handsets are pawned for thousands of New Dollars on the black market. [Warning: subscription required]

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Filed under: Desktops, Gaming, Laptops

Those price fixing allegations that AMD and NVIDIA were facing late last year may have vanished from the forefront of your memory, but you can rest assured that the legal teams connected to the two are still workin’ overtime to clean things up. Apparently, NVIDIA has been slapped with as many as 51 civil complaints over “price fixing and anti-competitive agreements, among other things,” and on its March 16th filing with the SEC, the firm states that “42 civil complaints as of March 14 were filed against it on the same allegations.” Notably, the outfit did state that the “lawsuits are putative class-actions,” and unsurprisingly felt that they were all lacking merit and would be fought vigorously. Tsk, Tsk.

[Via Gearlog]

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Filed under: Wireless

Looks like the pockets of Qualcomm are going to be about $19.6 million lighter real soon, as a federal jury in Santa Ana, California returned verdicts that found “certain Qualcomm products” infringing on three patents owned by Broadcom Corporation. The lawsuit was originally filed way back in May of 2005 and alleged that five of its patents had been violated, but during the course of the trials, Broadcom ditched one of the claims while the court stayed the case with respect to a second. Notably, none of the patents that were infringed upon were “developed specifically in connection with cellular technology or standards,” but the seemingly willful wrongdoing will indeed cost Qualcomm just shy of $20 million — that is, until a trial judge mulls this thing over and determines if the firm should face any additional financial punishment “based on the finding of willfulness.”

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Filed under: Home Entertainment

While some broadcasters are actually utilizing the Slingbox and appreciating its benefits, leave it to Major League Baseball to further alienate its dwindling fanbase. After cable customers were just barely able to get back in on the Extra Innings love, it appears that Sling Media is still being blacklisted in the eyes of MLB, as a recent interview with Michael Mellis, Senior VP and general counsel of MLB Advanced Media’s offices reinforced the friction between the two. Most recently, Mellis and friends seem to be mulling a lawsuit against Sling, as he claims that the Slingbox “allows viewers to circumvent geographical boundaries written into broadcast rights deals,” and moreover, had no shame in admitting that profiteering was at the forefront of their minds by suggesting that “if the league can’t protect the rights it sells, that doesn’t bode well for future contracts when it wants to resell the rights at higher margins.” Reportedly, the CEA has indeed come to Sling’s side by proclaiming that this case is a “classic instance of copyright owners trying to suppress innovation purely because it empowers consumers.” Of course, we hope you don’t let Mellis’ words get you too riled up — after all, he also stated that “there’s no guarantee that Slingbox would be around next year as it’s just a startup.” Let the snickering commence.

[Via CNET]

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You’re probably familiar with the old adage that getting sued just isn’t satisfying enough until you take someone else to court over the exact thing that you’re being accused of, but even if you’re not, DirecTV’s here to refresh your memory. The satellite TV provider has apparently scrunched up its nose at a recent promotional advertising campaign in which Comcast claims that two-thirds of satellite customers felt “Comcast delivered a better HD image” when compared to DirecTV and Dish Network alternatives. Not believing that we oh-so-capable humans might be able to actually perceive the difference when an HD feed is somewhat crippled, DirecTV decided that the results mustn’t be correct, and suggested that the “survey upon which Comcast relies does not provide or sufficiently substantiate the propositions for which Comcast cites the survey,” and concludes by boldly proclaiming that all of the claims “are literally false.” Of course, Comcast is standing strong behind its results for the time being, and while either party could most certainly have a case against the other, why are we using cash for HD channel expansion to pay legal teams?

[Via TGDaily]

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Filed under: Displays, HDTV

Just when Hitachi had us all believing that it was planning on reaching new heights in the plasma market thanks to a ginormous PDP set and a thirsty overseas crowd, now we’re seeing the fallback plan. Of course, we can’t really suggest that Hitachi’s latest lawsuit on LG’s (surprise, surprise) plasma displays have anything to do with the firm’s dreary numbers, but it has nevertheless filed a lawsuit in the ill famed “district court in Texas” (read: patent troll heaven) saying that “the South Korean company infringed its plasma display-related patents.” The suit seeks the obligatory “monetary compensation for damages,” but more interesting is the tidbit that requests a “permanent injunction prohibiting LG’s plasma display panel product sales in the United States.” According to a Hitachi spokesperson, the two outfits had “been in talks regarding the appropriate licenses for these seven patents,” but apparently, neither side is backing down anytime soon.

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Filed under: Portable Audio

Talk about a company that can’t stay out of the courtroom. Yet again, we’ve got XM headed back for another round of sticky legal action, and while we highly doubt the firm’s lawyers are done digesting the NMPA suit from less than a month ago, now it’s being forced to deal with an Arkansas man’s allegations in US District Court. Matthew Enderlin is apparently quite upset with XM’s “false claims of commercial free music,” as he adumbrates that the channels actually do include “promotional and advertisement segments.” Unsurprisingly, XM has said the suit is “without merit,” but Mr. Enderlin isn’t backing down; au contraire, he’s actually seeking to “have the suit certified as a class-action suit so all XM Radio customers can be considered plaintiffs.” Bet you weren’t expecting to join in on the fun yourself, eh?

[Via Orbitcast]

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Filed under: Home Entertainment

Joining the (unfortunately) growing fray of companies tossing out blanket lawsuits like it’s their job, Toshiba is now requesting that a whopping 17 companies, mostly manufacturers and importers from Hong Kong and China, have their imports barred from entering the United States. Reportedly, Tosh feels that a number of “DVD-related patents” have been infringed upon, and doesn’t want to see any more of those taboo “DVD players, DVD recorders, and other digital video disc products” hitting the States. As if banning the items from sale wasn’t enough, it also filed a lawsuit “demanding an undisclosed amount of monetary damages to the same companies.” We sure hope Toshiba wasn’t looking for any partners for joint ventures anytime soon, as it just made enemies with a whole horde of potential allies.

[Via JapanToday]

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Filed under: Peripherals

While we’re still not sure whether refilling those empty ink cartridges is indeed a criminal act (or a waste of money), Epson has taken one more step towards forcing the average consumer to purchase name-brand carts at sky-high prices. Of course, Epson would have you believe that it’s simply protecting its patents, but in a recent preliminary ruling that deemed some 24 suppliers that “import and sell Epson-compatible cartridges” as in the wrong, it could spell higher prices and less choices for consumers with Epson printers. Nevertheless, if the final ruling (set for July 30th) follows the same path as this one, a “general exclusion order on the cartridges” would be enforced, barring any future imports of the presumably lower-cost alternatives into the States. It looks we’re almost down to two choices when it comes to printing: break the law, or break the bank?

[Via TGDaily]

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BOLD MOVES: THE FUTURE OF FORD A new documentary series. Be part of the transformation as it happens in real-time

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Filed under: HDTV, Home Entertainment

We all know that bit about a “speedy trial” doesn’t exactly come to fruition in most cases, and after three excruciating years of battling innovation stranglers the DVD Copy Control Association, Kaleidescape has escaped unscathed. The firm’s DVD ripping / streaming jukebox was under fire for obvious reasons, as it not only encouraged the ripping of “protected content,” but it helped users rip and transmit the data around their network. The DVD CCA whined that the machine “breached a contract” when it crafted a product that enabled users to copy its locked-down material onto hard-drive based servers — the judge, however, felt otherwise. In fact, it was ruled that “nothing in the DVD CCA licensing agreement prohibits the development of products that allow users to copy their DVDs,” thus, no contract was breached at all. One down, too many to go.

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BOLD MOVES: THE FUTURE OF FORD A new documentary series. Be part of the transformation as it happens in real-time

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Filed under: Portable Audio

Just about the time that XM Radio was finally able to sit down and hammer out some figures for the upcoming merger, the poor satellite radio firm has hit yet another legal snag, and this time it’s care of the NMPA. The National Music Publishers Association have officially filed suit against XM, claiming that the “XM + MP3″ music service bypasses copyright laws by giving users the ability “to make permanent copies of on-air tracks” with units like the hotly-debated Inno. Quite similar to other gripes brought against the outfit in the past, this dispute claims that XM’s service “constitutes pervasive and willful copyright infringement to the overwhelming detriment of copyright holders, legitimate online music services and, ultimately, consumers,” but we’re still scratching our heads on the “consumers” bit too. Nevertheless, the NMPA is requesting demanding a maximum of $150,000 in “damages” for each work purportedly infringed by XM, but the sat radio company seems to be brushing this one aside as it claims that “the lawsuit is without merit.” These guys just can’t do anything right, eh?

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Filed under: Displays, HDTV, Home Entertainment

If you think LG has a mess on its hands, it’s suddenly not alone, as six other manufacturers touching one point or another in the LCD TV supply chain are now facing a patent lawsuit from Honeywell. In what smells awfully like another patent instance of patent trolling, Honeywell is suing Acer, AU Optronics, BenQ, Chunghwa Picture Tubes, Renesas Technology, and Denmos Technology as it claims that a patented “method of stopping liquid-crystal displays from flickering” has been unrightfully used. The firm has reportedly “sustained damages and will continue to sustain damages in the future,” which they feel should translate into receiving incredible amounts of cash in order to resolve the situation. Reportedly, five of the six outfits under the lawsuit said that they “had not been informed” about the issue just yet, but we doubt it’ll be too much longer before it floats to their respective legal departments.

[Via Inquirer]

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BOLD MOVES: THE FUTURE OF FORD A new documentary series. Be part of the transformation as it happens in real-time

Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!