Does the House Judiciary Committee Debating SOPA Know What’s Going On In the Courts?–Philip Morris v. Jiang

[Post by Venkat Balasubramani, with comments from Eric] Philip Morris USA, Inc. v. Jiang, 11-cv-24049 (S.D. Fla.) (TRO entered on Nov. 16, 2011) (Prelim. Injunction Entered on Dec. 12, 2011) This is yet another case where a court orders broad…

Can A Copyright Be Assigned By Email?–Hermosilla v. Coca-Cola

By John Ottaviani with comments from Venkat and Eric Vergara Hermosilla v. The Coca Cola Company, No. 11-11317 (11th Cir. Nov. 3, 2011). Can a copyright be assigned by an exchange of emails? Section 204(a) of the Copyright Act provides…

Q3 2011 Quick Links, Part 5

By Eric Goldman See the other quick links posts in this series: * Q3 2011 Quick Links, Part 4 * Q3 2011 Quick Links, Part 3 * Q3 2011 Quick Links, Part 2 (Trademarks/Domain Names Edition) * Q3 2011 Quick…

Ninth Circuit Upholds Web Host’s Liability for Counterfeiting Retailers–Louis Vuitton v. Akanoc

By Eric Goldman Louis Vuitton Malletier SA v. Akanoc Solutions, Inc., No. 10-15909 (9th Cir. Sept. 12, 2011). Prior blog posts: * Another Bad Ruling in Louis Vuitton v. Akanoc * Making Sense of the $32M Contributory Trademark Infringement Judgment…

Reflections on the DOJ-Google Half-Billion Deal over Illegal Pharma Ads (July-August 2011 Quick Links, Part 2)

By Eric Goldman I haven’t previously written on the DOJ’s bust of Google over illegal pharmaceutical ads, partially because I couldn’t reconcile my views about this enforcement action. From my vantage point, this action equally fits into two dichotomous stories,…

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…

Missouri Federal Court Says LegalZoom Could be Engaged in the Unauthorized Practice of Law — Janson v. LegalZoom

[Post by Venkat Balasubramani] Janson v. LegalZoom, Inc., 2:10-CV-04018-NKL (W.D. Mo. Aug. 2, 2011) Background: LegalZoom offers “blank legal forms that customers may download.” In addition, LegalZoom makes available an internet portal. Here’s how LegalZoom describes this aspect of its…

The 9th Circuit Tackles a Pair of Internet Jurisdiction Cases

[Post by Venkat Balasubramani] I’m inclined to agree with Eric that internet personal jurisdiction cases are not the most exciting. The resolution of a question over whether personal jurisdiction is proper often has more to do with whether the court…

Zynga Wins Arbitration Ruling on “Special Offer” Class Claims Based on Concepcion — Swift v. Zynga

[Post by Venkat Balasubramani with comments from Eric] Swift v. Zynga, 2011 WL 3419499 (N.D. Cal.; August 4, 2011) The US Supreme Court decided AT&T Mobility v. Concepcion earlier this year, and a question left open in that decision is…

“App Store” Isn’t Generic, But Apple Can’t Enforce Its Purported Trademark in the Term–Apple v. Amazon

By Eric Goldman Apple, Inc. v. Amazon.com Inc., 2011 WL 2638191 (N.D. Cal. July 6, 2011) Apple’s enforcement campaign over the term “App Store” is ridiculous. Apple is trying to prop up a farcically weak trademark claim–and to what end?…