April-May 2011 Quick Links, Part 1 (Trademarks and Advertising Edition)
By Eric Goldman Trademark * Facebook has quite an active trademark docket. – Facebook, Inc. v. Teachbook.com, LLC, 2011 WL 1672464 (N.D.Cal. May 3, 2011). Facebook’s trademark suit against Teachbook was dismissed for lack of personal jurisdiction. Facebook promptly refiled…
Review Website Should Get 47 USC 230 Dismissal But Judge Keeps Case Open in “Abundance of Caution”–Frontier Van Lines v. MoverReviews.com
By Eric Goldman Frontier Van Line Moving & Storage, Inc. v. Valley Solutions, Inc., 2011 WL 2110825 (W.D. Pa. May 24, 2011) MoverReviews.com is a review website for moving companies. Frontier Van Lines alleges that a MoverReviews user, Schmidt, made…
Cyberbullying and Restorative Justice [a Long-Delayed Post on DC v. RR]
By Eric Goldman [I’ve mentioned before that some posts get stuck in my blogging queue. This one got stuck for an incredible FOURTEEN months. Although its discussion about the specific case ruling is almost farcically untimely, I’ve decided that the…
Keyword Advertising and Domain Name Law Slides
By Eric Goldman Today, I spoke to an audience of Chinese IP judges about keyword advertising and domain names in the United States. I put together some slides and written materials. These materials aren’t especially profound, especially for regular readers,…
Copyright and Tattoos: Hangover II Injunction Denied, But the Copyright Owner Got Some Good News Too–Whitmill v. Warner Bros. (Guest Blog Post)
by Yvette Joy Liebesman [Eric’s note: Yvette is a law professor at Saint Louis University specializing in copyrights and trademarks. She attended the hearing and sent in this first-hand field report!] Whitmill v. Warner Bros. Entertainment Inc., 4:11-cv-00752 (E.D. Mo.)….
Dentist Pays Sizable Penalty for Not Knowing 47 USC 230–Wong v. Jing
By Eric Goldman Wong v. Jing, 1-08-CV-12997I (Cal. Superior Ct. May 13, 2011). Wendy Davis’ story on this ruling, plus coverage in DrBicuspid.com. At DoctoredReviews.com, we discussed that doctors upset with patients’ reviews can always bring a lawsuit. However, as…
Another Unhappy Facebook User’s Lawsuit Tossed–Kamango v. Facebook
By Eric Goldman Kamango v. Facebook, 2011 WL 1899561 (N.D.N.Y. April 19, 2011). The judge approved the magistrate order on May 19, 2011. See Kamango v. Facebook, 2011 WL 1899277 (N.D.N.Y. May 19, 2011). The initial complaint. Kamango claims that…
Another Ruling that the Americans with Disabilities Act Doesn’t Apply to Websites–Ouellette v. Viacom
By Eric Goldman Ouellette v. Viacom: The magistrate report: 2011 WL 1882780 (D. Mont. March 31, 2011). The judge’s approval of the magistrate’s report: 2011 WL 1883190 (D. Mont. May 17, 2011). The original complaint (he filed an amended complaint…
Facebook User Loses Lawsuit Over Account Termination–Young v. Facebook
By Eric Goldman Young v. Facebook, Inc., 2011 U.S. Dist. LEXIS 52711 (N.D. Cal. May 17, 2011). My post on Judge Fogel’s Nov. 2010 dismissal of this case with leave to amend. Karen’s lawsuit-related website. I respect people of conviction,…
Quityerbitchin: Relative Search Results Placement Doesn’t Support Trademark Injunction–Bitchen Kitchen v. Bitchin’ Kitchen
By Eric Goldman Martha Elizabeth, Inc. v. Scripps Networks Interactive, LLC, 2011 WL 1750711 (W.D. Mich. May 9, 2011) It seems inconceivable to me that people would litigate over the term “Bitchin” almost 30 years after the Valley Girl song…