Schedule A (SAD Scheme) Plaintiff Sanctioned for “Fraud on the Court”–Xped v. Respect the Look
This is one of the thousands of “Schedule A” cases, a phenomenon I’ve labeled the “SAD Scheme.” (Technically, the defendants in this case are enumerated on “Exhibit 1” instead of “Schedule A,” but same thing). The court describes the phenomenon:…
Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri
This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. [Note: if it’s not obvious, “CE” is an abbreviation for “continuing education.” Just like we…
My Comments to the USPTO About the SAD Scheme and Anticounterfeiting/Antipiracy Efforts
[I submitted the following comments to the USPTO] __ To: United States Patent and Trademark Office, Department of Commerce From: Prof. Eric Goldman, Associate Dean for Research, Santa Clara University School of Law Date: August 22, 2023 Re: Comments regarding…
Instagram Account Termination Case Fails–Johnson v. Instagram
This is yet another account termination case. I just blogged one involving LinkedIn yesterday. Different social media service, same result–case dismissed. Johnson’s Instagram account, @LICKMYKAKEZ, had 2.8M followers. She ran a business selling adult toys and promoted the business on…
Ninth Circuit Highlights the Messy Law of Contributory Trademark Infringement Online–YYGM v. RedBubble
Redbubble provides an online marketplace for print-on-demand items. Unlike other print-on-demand vendors, Redbubble outsources everything but the marketing and payment processing functions. Third-party user-merchants upload the images; third-party contract manufacturers and other vendors make and ship the ordered items. This…
Trademark Extraterritoriality: Abitron v. Hetronic Doesn’t Go the Distance (Guest Blog Post)
By Guest Bloggers Margaret Chon and Christine Haight Farley [Margaret Chon is a Professor of Law at Seattle University School of Law, and Christine Haight Farley is a Professor of Law at American University Washington College of Law.] In one…
Reddit Defeats Lawsuit Over Removal of r/WallStreetBets Moderator’s Privileges–Rogozinski v. Reddit
Jaime Rogozinski, a/k/a “jartek,” created the r/WallStreetBets subreddit, which became notorious for (among other lowlights) its role as a venue for hyping meme stocks like Gamestop. Rogozinski sought a trademark registration for the term “WallStreetBets” and published a book with…
European IP Office Denies Trademark Registration for “I Love You” Emoji 🤟
The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). The applicant argued that it was a different…
Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)
By Guest Blogger Lisa P. Ramsey [Lisa P. Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine…
Test Buys Don’t Create Personal Jurisdiction Over Amazon Merchant–Oceanside v. Instock
Blogging personal jurisdiction cases isn’t that much fun for me. Nevertheless, this ruling caught my eye. This is an enforcement action over the trademark “Detoxify.” (I’m skipping the obvious trademarkability problems with a descriptive word like this). The defendant is…