Guest Blogger Mark McKenna
I’m pleased to introduce Mark McKenna as a guest blogger. Mark is an Assistant Professor of Law at St. Louis University School of Law, where he teaches IP courses and…
Gripers 1, Initial Interest Confusion 0–Lamparello v. Falwell
…this is technically true, this is a confusing statement. Almost all trademark infringement cases take place in the context of one party using a trademark for financial gain because of…
GEICO v. Google Opinion (Finally) Issued
…“GEICO” also refutes the allegation that the use of the trademark as a keyword, without more, causes a likelihood of confusion.” FN 15 is interesting because it suggests that the…
Search Tidbits from ABA Annual Meeting
…imagine the feeding frenzy that would take place in the US if TM owners thought that they could win a TM case against Google. 2) In the Q&A, Mark Partridge…
Shocking Revelations About BitTorrent
By Mark Schultz Ernest Miller, Ed Felten, and I (clearly the lesser blogger of the three) have been blogging about what happens to BitTorrent after Grokster. Ernie Miller has discovered…
More on BitTorrent and Grokster
Mark Schultz Ernest Miller notes that I should address the new trackerless BitTorrent and BitTorrent search created by Cohen. He was right. So, here goes. As Wired News reported a…
Important 2d Circuit Adware Case–1-800 Contacts v. WhenU
…infringement liability, all other aspects of the trademark case (likelihood of confusion, defenses) were moot. In other words, if the plaintiff can’t establish trademark use, then trademark infringement defendants are…
What Happens to BitTorrent After Grokster?
By Mark Schultz, Assistant Professor, Southern Illinois School of Law Thanks to Eric for the chance to guest blog here. And congratulations to Eric for predicting the decision right. He…
Guest Blogger–Mark Schultz
I’m pleased to introduce Mark Schultz as a guest blogger. Mark is a law professor at Southern Illinois University, where he teaches intellectual property courses and legal ethics. Prior to…
Grokster Ruling Commentary
…their marketing. I remember Apple’s marketing from a while back of “Rip. Mix. Burn.” I think a marketing message like that from an MP3-only device could be intensely problematic. *…