H2 2013 Quick Links, Part 1 (IP)

H2 2013 Quick Links, Part 1 (IP)

Copyright * Appellate briefs in the latest Second Circuit trip for YouTube v. Viacom. Prior blog post. * Fox Broadcasting Company, Inc. v. Dish Network L.L.C., 723 F.3d 1067 (9th Cir. 2013). Another case where remote DVR users made the copies, not…

Is It Software?  Is It a Service?  It Matters for Trademark Registration Purposes

Is It Software? Is It a Service? It Matters for Trademark Registration Purposes

A recent trademark decision from the airline leasing industry highlights the importance of thinking about whether a mark used in connection with software (1) is being used on a product (software), (2) is being used for “software as a service,” or…

Details About Amazon's Confidential Settlement Terms For A Keyword Advertising Lawsuit (Forbes Cross-Post)

Details About Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit (Forbes Cross-Post)

Most lawsuits settle; and most settlements are confidential. As a result, outsiders often don’t learn who “won” a settled lawsuit or the range of standard settlement terms. Fortunately, a dispute over the settlement agreement in a keyword advertising trademark lawsuit…

Florida Drops Ill-Conceived Proposal To Ban Competitive Keyword Advertising By Lawyers (Forbes Cross-Post)

Florida Drops Ill-Conceived Proposal To Ban Competitive Keyword Advertising By Lawyers (Forbes Cross-Post)

In March, the Florida State Bar’s Standing Committee on Advertising proposed an ethics opinion (Proposed Advisory Opinion A-12-1). The opinion was designed to help Florida lawyers understand what they could ethically do with online marketing. It targeted a melange of…

Keyword Advertising Lawsuits Against Search Engines Mostly Tossed--Parts[.]com v. Google and Yahoo

Keyword Advertising Lawsuits Against Search Engines Mostly Tossed–Parts[.]com v. Google and Yahoo

I know of only two pending trademark lawsuits against search engines for selling trademarked keywords: Parts.com and Carla Ison. Ison’s lawsuit has been dismissed and is on appeal, where it will be crushed. This week, Parts.com’s lawsuits against Google and…

Ninth Circuit Kills Contributory ACPA Cybersquatting Doctrine--Petronas v. GoDaddy

Ninth Circuit Kills Contributory ACPA Cybersquatting Doctrine–Petronas v. GoDaddy

A domain name registrant transferred the petronastower.net and petronastowers.net domain names into GoDaddy and used GoDaddy’s name forwarding service to direct them to (NSFW) canfunchat.com. Petronas asked GoDaddy to turn over the domain names to Petronas. GoDaddy declined. Petronas sued,…

Previewing Lexmark vs Static Control, A Rare Supreme Court Case On False Advertising (Forbes Cross-Post)

Previewing Lexmark vs Static Control, A Rare Supreme Court Case On False Advertising (Forbes Cross-Post)

[Introductory note: Today the Supreme Court heard oral arguments in the Lexmark v. Static Controls case. The transcript. Yesterday at Forbes, I posted a case preview. I'm sharing that here with you now; it's still useful context-setting for the oral...

Another Keyword Advertising Lawsuit Unceremoniously Dismissed--Infostream v. Avid

Another Keyword Advertising Lawsuit Unceremoniously Dismissed–Infostream v. Avid

Infostream Group Inc. v. Avid Life Media Inc., 2013 WL 6018030 (C.D. Cal. Nov. 12, 2013) There is an active, long-standing and wide-ranging litigation war being waged between two groups of websites in the “sugar daddy“/”sugar baby” hook-up category. I…

Fake LinkedIn Profile May Cause Trademark Infringement – Avepoint v. Axceler

Fake LinkedIn Profile May Cause Trademark Infringement – Avepoint v. Axceler

Avepoint, Inc. v. Power Tools, Inc. d/b/a Axceler, 7:13CV00035 (W.D. Va. Nov. 7, 2013) Avepoint and Axceler are competitors providing “infrastructure management and governance software platforms for Microsoft Sharepoint products and technologies.” Avepoint alleged that Axceler denigrated Avepoint online. Specifically,…

Regional Trademark Owner Can't Block Junior User's Internet Presence--Dudley v. HealthSource (Catch-up Post)

Regional Trademark Owner Can’t Block Junior User’s Internet Presence–Dudley v. HealthSource (Catch-up Post)

[Eric's note: I hoped to blog this at Forbes last year and just ran out of time. The case addresses such a classic Internet trademark law question that it's worth sharing even at this late date.] Dudley v. Healthsource Chiropractic,…