CAN-SPAM Violations For Private WHOIS Information and Putting Disclosures in Remotely Served Images – ZooBuh v. Better Broadcasting
[Post by Venkat Balasubramani] Zoobuh, Inc. v. Better Broadcasting, LLC, 11cv00516-DN (D. Utah May 31, 2013) Spam litigation has waned. In its place, text message litigation has blossomed. Still, once in awhile an interesting spam decision comes along, though unfortunately…
Typosquatting Claims Against Security Researcher Are Legally Complicated – Gioconda v. Kenzie
[Post by Venkat Balasubramani] Gioconda Law Group v. Kenzie, 2012 US Dist LEXIS 187801 (S.D.N.Y. Apr. 23, 2013) Kenzie is a security researcher who has registered numerous domain names that are typographic errors of well-known trademarks (e.g., rnastercard, rncdonalds, nevvscorp,…
Q4 2012 Quick Links, Part 1 (IP Edition)
By Eric Goldman Copyright * Author’s Guild v. HathiTrust, 1:11-cv-06351-HB (SDNY Oct. 10, 2012). James Grimmelmann’s take. * Hillicon Valley: ‘Shell-shocked’ lawmakers shy away from online piracy in new Congress * Ars Technica: Voters boot three SOPA-sponsoring Hollywood allies from…
Q3 2012 Quick Links, Part 1 (Trademarks/Domain Names, Patents, Trade Secrets)
By Eric Goldman and Jake McGowan Trademarks/Domain Names * AdAge: “Consumers Don’t Really Know Who Sponsors the Olympics.” This reminds us that trying to protect against “sponsorship confusion” is futile. For example: 16% believed Google sponsors the Olympics; and of…
Why Defensive Domain Name Registrations Aren’t a Good Deal for Small Businesses (Forbes Cross-Post)
By Eric Goldman [Introductory note: every article has a backstory, but some backstories are more complicated than others. Earlier this year, I was commissioned by a well-known publication to participate in a point/counterpoint regarding registering domain names in new TLDs….
“Hot Topics in Internet Law” Talk Slides
By Eric Goldman This weekend I presented on “Hot Topics in Internet Law” at the San Francisco IP Law Association’s Spring Seminar in Healdsburg. My talk slides. A few photos from the trip. As I’ve mentioned before, I find “hot…
Hermès Obtains (Ex Parte) $100M Award Against Alleged Counterfeiters–Hermès v. Does
[Post by Venkat Balasubramani, with comments from Eric] Hermès v. Does, 12-civ-1623 (S.D.N.Y.; Apr. 30, 2012) We’ve blogged repeatedly about trademark owners obtaining ex parte orders that provide extraordinarily broad relief, ranging from domain name seizures to orders directing search…
“Social Media and Trademark Law” Talk Notes
By Eric Goldman Today, I gave a talk at Suffolk University’s event “Social Networking Sites: Law, Policy and Practical Strategies” on Social Media and Trademark Law. My talk notes: _____ 1. Overview A. Trademark doctrine is inherently elastic * Schizophrenia…
Tea Partiers Wage War Against Each Other Over a Google Groups Account–Kremer v. Tea Party Patriots
By Eric Goldman Kremer v. Tea Party Patriots, Inc., 2012 WL 639134 (Ga. App. Ct. Feb. 29, 2012). The docket. I’m going to exercise extraordinary restraint and not crack any jokes about the Tea Party movement or its adherents. Kremer…
Top Internet Law Developments of 2011
By Eric Goldman As usual, I’m running late with my year-end recap. This post begins with my countdown of the top 5 Internet Law developments of 2011, then it lists other interesting developments and cases. It concludes with some of…