Q3 2012 Quick Links, Part 1 (Trademarks/Domain Names, Patents, Trade Secrets)

By Eric Goldman and Jake McGowan Trademarks/Domain Names * AdAge: “Consumers Don’t Really Know Who Sponsors the Olympics.” This reminds us that trying to protect against “sponsorship confusion” is futile. For example: 16% believed Google sponsors the Olympics; and of…

Why Defensive Domain Name Registrations Aren’t a Good Deal for Small Businesses (Forbes Cross-Post)

By Eric Goldman [Introductory note: every article has a backstory, but some backstories are more complicated than others. Earlier this year, I was commissioned by a well-known publication to participate in a point/counterpoint regarding registering domain names in new TLDs….

“Hot Topics in Internet Law” Talk Slides

By Eric Goldman This weekend I presented on “Hot Topics in Internet Law” at the San Francisco IP Law Association’s Spring Seminar in Healdsburg. My talk slides. A few photos from the trip. As I’ve mentioned before, I find “hot…

Hermès Obtains (Ex Parte) $100M Award Against Alleged Counterfeiters–Hermès v. Does

[Post by Venkat Balasubramani, with comments from Eric] Hermès v. Does, 12-civ-1623 (S.D.N.Y.; Apr. 30, 2012) We’ve blogged repeatedly about trademark owners obtaining ex parte orders that provide extraordinarily broad relief, ranging from domain name seizures to orders directing search…

“Social Media and Trademark Law” Talk Notes

By Eric Goldman Today, I gave a talk at Suffolk University’s event “Social Networking Sites: Law, Policy and Practical Strategies” on Social Media and Trademark Law. My talk notes: _____ 1. Overview A. Trademark doctrine is inherently elastic * Schizophrenia…

Tea Partiers Wage War Against Each Other Over a Google Groups Account–Kremer v. Tea Party Patriots

By Eric Goldman Kremer v. Tea Party Patriots, Inc., 2012 WL 639134 (Ga. App. Ct. Feb. 29, 2012). The docket. I’m going to exercise extraordinary restraint and not crack any jokes about the Tea Party movement or its adherents. Kremer…

Top Internet Law Developments of 2011

By Eric Goldman As usual, I’m running late with my year-end recap. This post begins with my countdown of the top 5 Internet Law developments of 2011, then it lists other interesting developments and cases. It concludes with some of…

Google Gets Significant Win in AdWords/Parked Domains Case

By Eric Goldman In re Google AdWords Litigation, 2012 WL 28068 (N.D. Cal. Jan. 5, 2012) Google defeated class certification in an AdWords-related case over Google’s placement of ads on parked domains. This almost certainly ends this case in practice,…

Egregious/Overreaching Ex Parte Orders for Rightsowners Keep Coming — Deckers and Richemont

[Post by Venkat Balasubramani, with comments from Eric] Deckers v. Liyanghua, 11-cv-07970 (N.D. Ill.; Dec. 15, 2011) (report and recommendation) Deckers proceeds against a slew of domain names in Illinois. The case was originally sealed, but in granting a preliminary…

Trademark Owner Can’t Hold GoDaddy Liable for Domain Name Forwarding — Berhad v. GoDaddy

[Post by Venkat Balasubramani] Berhad v. GoDaddy, C 09-5939 PJH (N.D. Cal.; Jan. 3, 2012) Plaintiff, Petroliam Nasional Berhad (Petronas), a government owned entity, owns the Petronas Towers in Malaysia. It’s trying to enforce its trademark rights against two domain…