Gilbert Arenas’ Tweets Sinks His Motion to Enjoin “The Basketball Wives” — Arenas v. Shed Media
…is not something a celebrity can prevent by asserting his or her personality rights. Arenas’ trademark claims seemed fairly weak, and while it’s not quite on par with the 1-800…
Resetting the Righthaven Fiasco (July-August 2011 Quick Links, Part 1)
By Eric Goldman The Righthaven empire is in tatters. It hasn’t expanded its inventory of cases for months (no new cases in July or August); its existing inventory of cases…
Newspaper’s Discussion About Trademark Owner Protected as Nominative Use–1 800 GET THIN v. Hiltzik
By Eric Goldman 1 800 GET THIN v. Hiltzik, 2:11-cv-00505-ODW -E (C.D. Cal. July 25, 2011) I’m sure any trademark experts reading this post are scratching their heads at the…
Ninth Circuit Reconsiders SEO-Destroying Injunction Against DMV.Org–TrafficSchool v. EDriver (Joint Blog Post)
By Rebecca Tushnet and Eric Goldman TrafficSchool.com, Inc. v. Edriver Inc., 2011 WL 3198226 (9th Cir. July 28, 2011) [Over the years, Rebecca and I have blogged dozens of the…
Righthaven Defendant Awarded $3,800 in Attorneys’ Fees–Righthaven v. Leon
By Eric Goldman Righthaven, LLC v. Leon, 2011 WL 2633118 (D. Nev. July 5, 2011). My most recent post on Righthaven. Judge Navarro ordered Righthaven to pay $3,815 to the…
June 2011 Quick Links, Part 1 (Copyright & Trademark Edition)
…predicated on 1-800 Contacts’ overzealous TM enforcement efforts (what some might call trademark bullying). Wendy Davis’ writeup. Prior blog posts on the 1-800 Contacts v. Lens.com litigation (1, 2). *…
A Century of Trademark Law: Looking Back and Looking Forward (Notes from my INTA Annual Meeting Talk)
…namespaces. Historically, any private non-trademark namespaces typically were limited in reach. But this changed with the rise of 1-800 vanity numbers, then domain names, then usernames on online services (especially…
Ninth Circuit: FACTA Does not Cover Emailed Receipts — Simonoff v. Expedia
…to emailed receipts, the court followed the approach taken by other circuits, including Shlahtichman v. 1-800 Contacts, Inc., discussed in this blog post: “Electronically Printed” Does not Include Automated Merchant…
Two Recent Social Media Defendants Avoid Personal Jurisdiction
…and answer message board at Realself.com: “Lifestyle Lift: Its just a marketing entity. Lifestyle Lift can be equated to an ‘Ask Gary’ in legal terms or a “1-800 Dentist.” In…
Trademark Owner Gets Injunction Against Keyword Ad Campaign That Generated No Sales for the Advertiser
…in revenue from the litigated terms. – Sellify v. Amazon. The defendant got 1,000 impressions and 61 clicks. – 1-800 Contacts v. Lens.com. 1-800 Contacts spent no less than $650k…