Pillow Pets Knockoff Enjoined from Keyword Advertising–CJ Products v Snuggly Plushez
By Eric Goldman CJ Products LLC v. Snuggly Plushez LLC, 2011 WL 3667750 (E.D.N.Y. Aug. 22, 2011) Pillow Pets are cuddly and soft, but if you make knockoff versions of them, be prepared to meet the sharp end of their…
Second Circuit Says No First Sale Doctrine for Works Manufactured Outside the U.S. — Wiley & Sons v. Kirtsaeng
[Post by Venkat Balasubramani] Wiley & Sons, Inc. v. Kirtsaeng, 09-4896-cv (2nd Cir. Aug. 15, 2011) Wiley asserted copyright infringement claims against Kirtsaeng, who imported into the United States and sold “foreign editions” of Wiley textbooks. The books had legends…
Fall 2011 Internet Law Reader and Syllabus
I have posted my Internet Law syllabus for Fall 2011. In addition, as I did last year, I have posted my Internet Law course reader to Scribd as a DRM-free pay-to-download PDF. You can also buy a print-on-demand copy at…
Levi Strauss’s Trademark and Domain Name Claims May Block Unauthorized Resales — Levi Strauss v. Papikian
[Post by Venkat Balasubramani] Levi Strauss & Co v. Papikian Enterprises, C 10-05051 JSW (N.D. Cal.; Aug. 24, 2011) [pdf] Facts: Levi Strauss owns trademarks for “Levi’s,” “501” and other terms. It sells its products directly and to authorized retailers…
Bev Stayart Racks Up Two More Losses–Stayart v. Yahoo and Stayart v. Google
By Eric Goldman Stayart v. Yahoo, Inc., 2011 WL 3625242 (E.D. Wis. Aug. 17, 2011) Stayart v. Google Inc., 2:10-cv-00336-LA (E.D. Wis. Aug. 17, 2011) Persistence is a virtue, but sometimes, enough is enough. You probably remember Bev Stayart as…
New Advertising & Marketing Law Casebook Available for Review
By Eric Goldman For the past 2+ years, Rebecca Tushnet and I have been writing a brand-new casebook on Advertising & Marketing Law. Although some advertising/marketing law textbooks cater to undergraduate classes (such as those in journalism schools, marketing departments…
Claims Against Mylife.com for Allegedly Luring Users to Sign up Using “Your Friend is Looking for you” Emails Proceed — Clerkin v. Mylife
[Post by Venkat Balasubramani] Clerkin v. Mylife.com, C 11-00527 CW (N.D. Cal. Aug 15, 2011) I do not understand the lure of the “your friend is looking for you . . . sign up to our network to find out…
Mixed DMCA Online Safe Harbor Ruling in Cloud-Based Music Locker Case–Capitol v. MP3Tunes
By Eric Goldman Capitol Records, Inc. v. MP3Tunes, LLC, 2011 WL 3667335 (SDNY Aug. 22, 2011). Background. This case involves MP3Tunes.com and Sideload.com. MP3Tunes is a music storage locker. Small lockers are free, but more storage is available at a…
Court Affirms Robust ISP Protection For Blocking Bulk Emails — Holomaxx v. Microsoft/Yahoo
[Post by Venkat Balasubramani] Holomaxx v. Microsoft, 2011 WL 3740813 (N.D. Cal. Aug, 23, 2011) [pdf] Holomaxx v. Yahoo, 2011 WL 3740827 (N.D. Cal. Aug, 23, 2011) [pdf] Eric and I both previously posted on the Holomaxx cases, where Holomaxx…
Consumer Reviews at “Local” Review Sites Don’t Support Jurisdiction–Wilkerson v. RSL
By Eric Goldman Wilkerson v. RSL Funding, LLC, 2011 WL 3516147 (Tex. App. Ct. Aug. 11, 2011) It doesn’t bring me a lot of joy to blog another Internet jurisdiction case, but the dispute’s substantive issues are important enough to…