By Eric Goldman An inescapable fact of the digital era is that people will be depicted in digitized sex videos (“sex tapes”) that they wish did not exist. Sex tapes can be classified into a variety of types: * sex…
By Eric Goldman Windsor Auctions, Inc. v. eBay, Inc., 2008 WL 2622791 (N.D. Cal. July 1, 2008) The Robinson-Patman Act is a Depression-era law designed to reduce the ability of manufacturers to engage in price discrimination. At the time, large…
By Eric Goldman It’s not uncommon for courts to make judgments based on outdated understandings of precedent and technology, especially when dealing with dynamically evolving areas like Internet trademark law. Nevertheless, it can be a little dispiriting to read opinions…
By Eric Goldman Trademarks/Domain Names * Utah Lighthouse Ministry v. Foundation for Apologetic Information and Research, 2008 WL 22043807 (10th Cir. May 29, 2008). CMLP writeup. Nice 10th Circuit win for a gripe site against trademark infringement and cybersquatting. This…
By Eric Goldman Boston Duck Tours LP v. Super Duck Tours LLC, 2008 WL 2444480 (1st Cir. June 18, 2008) I previously blogged on this dispute in December. The case involved the defendant’s purchase of keyword advertising triggered by the…
By Eric Goldman [Note: I’m back from my vacation. For a short recap of my experience, see my FAQs about my trip to the Hulahula River in the Arctic National Wildlife Refuge.] Nemet Chevrolet Ltd. v. ConsumerAffairs.com, Inc., 2008 WL…
Community blog Drudge Retort receives DMCA notices from the Associated Press for links, quotes. by Ethan Ackerman Rogers Cadenhead is a blogger. A prolific one in fact, with a personal blog and the role of editorial director at the commenter-driven…
Prince’s entanglement with Radiohead, YouTube, and a video bootlegger leads to much debate over just what’s in copyright law and a YouTube nightmare scenario. By Ethan Ackerman Copyright bloggers were privileged to a few laughs recently when Prince’s music label,…
By Eric Goldman For the next two weeks, I will be enjoying a celebratory river-rafting trip on the Hulahula River in the Arctic National Wildlife Refuge. This is a supremely remote destination–it takes 4 airplanes to get there from the…
By Eric Goldman Designer Skin, LLC v. S & L Vitamins, Inc., 2008 WL 2116646 (D. Ariz. May 20, 2008) An Arizona district court has ruled that the surreptitious use of trademarks doesn’t create a likelihood of initial interest confusion,…