Quick Links May 2006

By Eric Goldman My blogging queue has gotten too thick. Here’s some items that caught my attention that I’ve been meaning to blog and simply haven’t gotten to. * I previously blogged about Chris Wilson, the website operator who allowed…

Yahoo “Syndication Fraud” Lawsuits–Crafts by Veronica v. Yahoo and Draucker Development v. Yahoo

By Eric Goldman Crafts by Veronica v. Yahoo, Inc., No. 2:06-cv-01985-JCL-MF (D. N.J. complaint filed May 1, 2006) Draucker Development v. Yahoo, Inc., No. CV06-2737 (C.D. Cal. complaint filed May 4, 2006) Two companion lawsuits against Yahoo for what the…

Calboli on Geographic Indications of Origin and TRIPs

By Eric Goldman My colleague Irene Calboli has posted “Expanding the Protection of Geographical Indications of Origin under TRIPS: Old Debate or New Opportunity?” to SSRN. This article does a good job recapping the different policy perspectives about GIs. The…

Keyword Purchases Not a Trademark Use–Merck v. Mediplan Health Consulting

By Eric Goldman Merck & Co. v. Mediplan Health Consulting, 2006 WL 800756 (SDNY Mar. 30, 2006) About a week after Edina Realty v. TheMLSonline allowed a keyword purchase of a competitor’s trademark to go to trial, we got another…

Competitor’s Keyword Ad Purchase May Be Trademark Infringement–Edina Realty v. TheMLSonline

By Eric Goldman Edina Realty, Inc. v. TheMLSonline.com, 2006 WL 737064 (D. Minn. Mar. 20, 2006) There have been many lawsuits involving keyword advertising, but in most of the reported decisions, the search engines were the defendants. There have been…

Trademark Dilution Revision Act Update

By Eric Goldman It’s been a while since I’ve blogged on the Trademark Dilution Revision Act, HR 683 (now the Trademark Dilution Revision Act of 2006). The bill keeps chugging along. In February, it passed the Senate Judiciary Committee unanimously…

Barrett on Internet Trademark Use

By Eric Goldman Margreth Barrett, a law professor at UC Hastings, has published Internet Trademark Suits and the Demise of “Trademark Use,” 39 U.C. Davis L. Rev. 371 (2006). The article makes a persuasive argument that the trademark use doctrine…

Top Cyberspace IP Cases of 2005

By John Ottaviani (with help from Eric) Cyberspace continues to present fascinating and novel intellectual property issues. What follows is our attempt at identifying some of the more significant “Cyberspace Intellectual Property” decisions of 2005. Once again, it was quite…

10th Circuit Recognizes Initial Interest Confusion Doctrine–Australian Gold v. Hatfield

By Eric Goldman Australian Gold, Inc. v. Hatfield, 2005 WL 3739862 (10th Cir. Feb. 7, 2006) Following on a regressive initial interest confusion/metatags case from January, last week the 10th Circuit found initial interest confusion based on metatag usage and…

BitTorrent to Enforce BITTORRENT Trademark

Mark Schultz BitTorrent makes the news once again, this time as a trademark enforcer. ZDNet reports that the company formed by BitTorrent creator Bram Cohen, BitTorrent, Inc., will begin asserting trademark rights in BITTORRENT against software developers who make unauthorized…