Web Host Defeats Copyright Liability Despite Mishandled Takedown Notice–Hydrenta v. Luchian

The plaintiff produces pornography and distributes it through paid membership sites. The defendants run ad-supported websites that allow users to upload videos, a total of 475,000 user-submitted videos. Moderators screen user submissions to confirm they do not contain “child pornography,…

Second Circuit Muddies The Trademark Nominative Use Doctrine–ISC2 v. Security University

The nominative use doctrine allows third party references to trademark owners using the trademarks they chose as their preferred descriptors. Without a robust and well-functioning nominative use doctrine, trademark owners can have too much control over their brands–they can shut…

Q1 2016 Quick Links, Part 1 (Trademarks and Domain Names)

Q1 2016 Quick Links, Part 1 (Trademarks and Domain Names)

* Academy of Motion Picture Arts and Sciences v. GoDaddy.com, Inc., 2015 WL 5311085 (C.D. Cal. Sept. 10, 2015). A major win for GoDaddy—and domain name parking programs generally—against a long-running cybersquatting suit by the Motion Picture Academy. This ruling…

Court Beats Down Another Competitive Keyword Advertising Lawsuit--Beast Sports v. BPI

Court Beats Down Another Competitive Keyword Advertising Lawsuit–Beast Sports v. BPI

If you’ve been keeping up with the blog over the past several years, you already know that competitive keyword advertising lawsuits consistently lose in court. So in that sense, today’s blog post isn’t telling you anything new. Yet, it’s still…

Court Orders Uber To Control Its Google Search Results

Court Orders Uber To Control Its Google Search Results

What happens when national trademarks, used on the borderless Internet, conflict with regional trademarks? This is one of the most venerable topics in Internet Law; see, e.g., the Blue Note case from 20 years ago. More recently, Jake blogged about…

2H 2015 Quick Links, Part 2 (Patents, Trademarks, Other IP)

2H 2015 Quick Links, Part 2 (Patents, Trademarks, Other IP)

Patents * ClearCorrect Operating, LLC v. International Trade Com’n, 2015 WL 6875205 (Fed. Cir. Nov. 10, 2015): ITC has jurisdiction only over “material things,” not digital content. An obvious but much needed ruling. * Washington Post: Patents are a terrible…

Are Legal Restrictions On Disparaging Personal Names Unconstitutional?--In re The Slants (Guest Blog Post)

Are Legal Restrictions On Disparaging Personal Names Unconstitutional?–In re The Slants (Guest Blog Post)

By Guest Blogger Laura Heymann [Eric’s introduction: Prof. Heymann has spent more time thinking about the Law of Naming People and Things than anyone else I know. I asked her to weigh in on the potential implications of the Federal…

Amazon AppStore and Google Play Defeat Lawsuit Over Infringing App Name--Free Kick Master v. Apple (Forbes Cross-Post)

Amazon AppStore and Google Play Defeat Lawsuit Over Infringing App Name–Free Kick Master v. Apple (Forbes Cross-Post)

Plaintiffs often target app stores for issues with third party apps. A recent court ruling in favor of Amazon’s AppStore and Google Play highlights the legal risks faced by app stores, as well as the benefits to consumers and society…

Another Murky Opinion on Lawyers Buying Keyword Ads on Other Lawyers' Names--In re Naert

Another Murky Opinion on Lawyers Buying Keyword Ads on Other Lawyers’ Names–In re Naert

I recently posted a co-authored article, Regulation of Lawyers’ Use of Competitive Keyword Advertising, discussing lawyers’ use of competitive keyword ads triggered by other lawyers’ names. That article examines both IP laws and attorney rules of professional conduct and explains…

Hashtags Are Not Trademarks—Eksouzian v. Albanese (Guest Blog Post)

Hashtags Are Not Trademarks—Eksouzian v. Albanese (Guest Blog Post)

By Guest Blogger Alexandra Roberts [Eric’s note: Prof. Roberts is a trademark expert at the University of New Hampshire School of Law. She’s writing a paper on hashtags as trademarks, a new topic of growing importance. When I saw this…