Domain Names Can’t Be Trespassed–Utube.com v. YouTube
By Eric Goldman Universal Tube & Rollform Equipment Corp. v. YouTube, Inc., 2007 WL 1655507 (N.D. Ohio June 4, 2007) Boy, this case got a lot of attention when it was first filed (which isn’t surprising; YouTube lawsuits usually do)….
May 2007 Quick Links
By Eric Goldman Spam * MySpace Inc. v. The Globe.com Inc., No. CV 06-3391 RGK (C.D. Cal. Feb. 27, 2007). This case has some personal interest because theglobe.com was one of my flagship clients before I left the law firm…
Perfect 10 v. CCBill Update: Ninth Circuit Denies En Banc Rehearing
By Eric Goldman The Ninth Circuit has denied an en banc rehearing in Perfect 10 v. CCBill. In doing so, the court amended its opinion to reinforce that it really, really meant that 47 USC 230 preempts all state IP…
Another NY Court Says Keyword Triggering Isn’t TM Use in Commerce–Site Pro-1 v. Better Metal
By Eric Goldman Site Pro-1, Inc. v. Better Metal, LLC, 06-CV-6508 (ILG) (RER) (E.D.N.Y. May 9, 2007) The possible rift between the Second Circuit and other circuits on keyword triggering and trademark use in commerce may be widening. The latest…
Utah Trademark Protection Act Updates (from BNA)
By Eric Goldman As I previously reported, Utah legislators met with industry representatives to discuss the Utah Trademark Protection Act on April 25. BNA [BNA subscription required] provides a fresh update on developments since the April 25 meeting. According to…
Messing with Oscar — Academy Sues Oscarwatch.com
By John Ottaviani Academy of Motion Picture Arts and Sciences v. Stone, No. CV07-02846 RGK CA (C.D. Cal.)(complaint filed May 1, 2007) Last week, the Academy of Motion Picture Arts and Sciences (“AMPAS”), the organization that organizes the Academy Awards,…
Broad Matching Doesn’t Violate Injunction–Rhino Sports v. Sport Court
By Eric Goldman Rhino Sports, Inc. v. Sport Court, Inc., 2007 WL 1302745 (D. Ariz. May 2, 2007) I’ve lamented before that courts don’t seem to understand broad matching (see here and here). Today, I’m changing my tune. Broad matching…
Utah’s “Don’t Email the Kids” Registry a “Financial Failure”
By Eric Goldman A couple of years ago, Utah and Michigan adopted laws creating “don’t email the kids” registries (called the “Child Protection Registry”–see Utah’s and Michigan’s). These laws allow parents to register email addresses held by kids and requires…
April 2007 Quick Links
By Eric Goldman * Rebecca blogs on CollegeNET, Inc. v. XAP Corp., 2007 WL 927946 (D. Or. March 26, 2007), where a jury awarded $4.5M in damages under 43(a) because the defendant had a privacy policy saying it wouldn’t disclose…
Utah Legislators Realizing They Screwed Up By Banning Keyword Advertising
By Eric Goldman Linda Fantin at the Salt Lake Tribune reports on the meeting between Utah legislators and various technology companies (Google, eBay, Microsoft, AOL, Yahoo, 1-800 Contacts and Overstock.com) to discuss the recently enacted Utah Trademark Protection Act banning…