Test Buys Don’t Create Personal Jurisdiction Over Amazon Merchant–Oceanside v. Instock
…made Amazon marketplace sales. The court responds: “Defendant’s online sales to a national marketplace do not constitute the kind of California-focused conduct necessary to show express aiming.” Test buys in…
Competitive Keyword Ad Lawsuit Fails…Despite 236 Potentially Confused Customers–Lerner & Rowe v. Brown Engstrand
…False Advertising (Huh?)–LoanStreet v. Troia * Trademark Owner Fucks Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. Groupon * 1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over…
The First Amendment Limits Trademark Rights, But How?–Jack Daniel’s v. Bad Spaniels (Guest Blog Post)
…that it does not require courts to determine whether a defendant’s use of another’s mark is a parody, a trademark use, or a commercial use of the mark. It applies…
YouTube Defeats Trademark Lawsuit–Lops v. YouTube
…damages, and temporary and permanent injunctive relief.” (Spoiler: he doesn’t get $1B). The trademark infringement claim fails because “YouTube is a ‘streaming platform,’ not an ‘online marketplace.’ Lops fails to…
A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)
…least, be required that the speaker indicate that he intended to mark off the utterance in question from the ordinary stream of speech, that he meant to adopt it as…
2022 Internet Law Year-in-Review
…SAFE. A bill that sought to accelerate the demise of online marketplaces by creating a new and unmanageable species of contributory trademark liability. While SHOP SAFE would have quickly wiped…
2H 2022 Quick Links, Part 2 (Trademarks)
Trademark * Illinois’ Fair Food and Retail Delivery Act: “A third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant,…
Memes as Judicial Opinions–Courthouse News Service v. Forman
…9th Circuit). So while memes can be cute or fun, I hope judges will use them advisedly. This meme-slinging opinion author is Judge Mark E. Walker of the Northern District…
If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants
…“Fire Emoji” in a crowded online marketplace. TRADEMARK INFRINGEMENT. 🔥] The court seemingly understands the problem perfectly. Any person looking at the listings in question would instantly interpret “emoji” as…
First Amendment Protects Videogame’s Depiction of Tractor’s Trade Dress–Saber v. Oovee
…claims. Note the unusual posture of this lawsuit: the plaintiff is a videogame manufacturer suing another videogame manufacturer for violating the rights of a third-party trademark owner, creating the possibility…