Section 230 Applies to Nextdoor Consumer Reviews–Duffer v. Nextdoor
…This ruling isn’t surprising at all, but I was surprised that a lawyer (Mark Ellis O’Brien of Lunenburg, MA) willing to bring this case in the face of the OBVIOUS…
In a SAD Scheme Case, Court Rejects Injunction Over “Emoji” Trademark
…screenshot above doesn’t constitute trademark infringement. (In my SAD Scheme paper, I characterize the poop emoji mug example as “not a serious trademark claim”). Indeed, in my opinion, asserting trademark…
Schedule A (SAD Scheme) Plaintiff Sanctioned for “Fraud on the Court”–Xped v. Respect the Look
…had done so, but it hadn’t. “When the Court asked how Expeditee could have a trademark infringement claim if Respect the Look removed the mark, Jones appeared to change his…
Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri
…to achieve that result–couldn’t it have used Google’s trademark policy to prevent its trademark from appear in the ad copy? And even if not, the trademark owner’s push for a…
Web Scraping for Me, But Not for Thee (Guest Blog Post)
…dig. Some forms of data are protected by copyright, trademark, or another cognizable forms of intellectual property. But most of the data on the Internet isn’t easily protectible as intellectual…
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…
Trademark Extraterritoriality: Abitron v. Hetronic Doesn’t Go the Distance (Guest Blog Post)
…wherever the mark serves its source-identifying function.” She explains that after the first sale of the marked goods, the “trademark is also ‘use[d] in commerce’ wherever and whenever those goods…
Reddit Defeats Lawsuit Over Removal of r/WallStreetBets Moderator’s Privileges–Rogozinski v. Reddit
…commerce of the mark, which the court does credit–essentially as an admission that Reddit is the rightful owner of the trademark. Oops. State Law Claims. With respect to the non-trademark…
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…
Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)
…of a mark exception can apply, however, if the mark is being used as a mark in a parody or other commentary about the trademark owner and that speech is…