Just How Egregiously Must a Trademark Plaintiff Act Before a Court Awards Attorneys’ Fees to the Defendant?–1-800 Contacts v. Lens.com
By Eric Goldman 1-800 Contacts v. Lens.com, 2012 WL 113812 (D. Utah Jan. 13, 2012). Prior blog posts on the case dismissal in December 2010 and 1-800 Contacts’ fee dispute with its attorneys. The federal trademark statute says judges may…
Copyright Doe Defendant Can’t Quash Disclosure Subpoena Anonymously—Hard Drive Productions v. Does (Guest Blog Post)
By Guest Blogger Elliott Alderman with brief comments from Eric [Eric’s introductory note: Elliott Alderman is an IP attorney in Washington DC. I asked if he could guest-blog this opinion after calling it to my attention.] Hard Drive Productions, Inc….
Attempted Trademark Workaround to 47 USC 230 Immunity Fails Badly—Ascentive v. PissedConsumer [Catch-Up Post]
By Eric Goldman [This is one of the top dozen or so most important Internet law opinions of 2011, but unfortunately it came out just as I was going into my exam-grading exile and I had to put blogging it…
Some Thoughts About Google Search Plus Your World (SPYW)
By Eric Goldman [Normally I don’t like to blog about these types of newsy product releases, especially when the facts are still being developed. However, I have spoken with some reporters about Search Plus Your World (see, e.g., this article…
TheDirty Denied 47 USC 230 Immunity–Jones v. Dirty World
By Eric Goldman Jones v. Dirty World Entertainment Recordings, LLC, 2012 WL 70426 (E.D. Ky. Jan. 10, 2012). Prior blog post on this case. A Kentucky federal judge rejected 47 USC 230 immunity for thedirty.com for third-party content. It’s entirely…
Updates on Transborder Copyright Enforcement Over “Grandma Got Run Over by a Reindeer”–Shropshire v. Canning
By Eric Goldman Shropshire v. Canning, 2012 WL 13658 (N.D.Cal. Jan. 4, 2012). Prior blog post. This dispute involves complicated facts, so here’s my understanding of what’s happening: The lawsuit involves the musical composition “Grandma Got Run Over by a…
Did a Court Eliminate 512(h) Subpoenas?–Maximized Living v. Google
By Eric Goldman with additional comments from David Gingras Maximized Living, Inc. v. Google, Inc., 2011 WL 6749017 (N.D. Cal. Dec. 22, 2011). The initial 512(h) subpoena. The Justia page. 17 USC 512(h) is a relic of a different era….
SOPA/PROTECT-IP/OPEN Linkwrap #2
By Eric Goldman It’s been a busy time for news related to SOPA (the Stop Online Piracy Act, not the Stop Online Privacy Act, although that could be an unintended result!), PROTECT-IP/PIPA, and the OPEN Act. In a bit, I’ll…
Nov.-Dec. 2011 Quick Links, Part 3
By Eric Goldman Marketing and Advertising * Facebook is putting Sponsored Stories in user newsfeeds. Naturally, they will make the ad label almost invisible. Yet another reason to hate Facebook, and what a desperate act of financial overreaching to goose…
Keyword Advertiser Mostly Defeats Trademark Lawsuit–Scooter Store v. SpinLife
By Eric Goldman Scooter Store, Inc. v. SpinLife.com, LLC, 2011 WL 6415516 (S.D. Ohio Dec. 21, 2011). The Justia page. This is a spirited litigation between two retailers of wheelchairs, motorized scooters and related items. Maybe that retailing sector is…