What Does a Hologram Trademark Signify When the Hologram Isn’t There?–Upper Deck v. Pixels
…Trademark Dilution The court says the hologram trademark isn’t sufficiently famous to qualify for dilution protection. Trademark Infringement Mark strength. Even though the hologram mark isn’t famous, it’s a strong…
A SAD Scheme Plaintiff Unsuccessfully Plays an IP Privilege Card–Price v. Schedule A Defendants
…to assess whether the defendants’ marks are identical or similar to Price’s Mark or otherwise evaluate consumer confusion. Even if Price had properly submitted evidence of his Mark, his arguments…
How Does the Initial Interest Confusion Doctrine Improve Trademark Analyses?–Dassault v. Childress
…the case for a new trial, which occurred in March 2024. The 2024 jury ruled for the trademark owner on the prima facie case and for the defense on trademark…
A Volcanic Opinion in the Fifth Circuit Destabilizes International Copyright Law—Vetter v. Resnik (Guest Blog Post)
…of marks registered in the other countries of the Union, including the country of origin.” [Paris art. 6(3)] Territoriality is also an implicit premise of the Berne Convention for the…
2025 Internet Law Year-in-Review
…social media. We are well-past the high water mark of online free speech globally. 📉 4. New Notice-and-Takedown Scheme for “Visual Intimate Depictions” The Take It Down Act combines CSAM,…
Schedule A: Ten Notable Developments in 2025 (Guest Blog Post)
…Leave You Angry If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants My Declaration Identifying Emoji Co. GmbH as a Possible Trademark Troll…
Too Many Courts Are Letting States Take Wrecking Balls to the Internet (Roundup)
…now requires an online marketplace to count both transactions made through the online marketplace and transactions made outside of the online marketplace when determining who is a high-volume third-party seller,…
Texas Judge Enjoins App Store Authentication Law–CCIA and SEAT v. Paxton
…Section 230–Backpage v. McKenna MySpace Wins Another 47 USC 230 Case Over Sexual Assaults of Users–Doe II v. MySpace MySpace Gets 230 Win in Fifth Circuit–Doe v. MySpace Website Isn’t…
Courts Enjoin Internet Censorship Laws in Louisana and Arkansas
…Law Trying to Combat Online Prostitution Ads (Forbes Cross-Post & More) Backpage Gets TRO Against Washington Law Attempting to Bypass Section 230–Backpage v. McKenna MySpace Wins Another 47 USC 230…
Post-Mortem of a Misguided Logo Trademark Lawsuit–LegalForce v. Internet Brands
…“keyword squat” on the LegalForce trademark. (Also, this case involves logos, not word marks). Marketing Channels–AI. At trial, Raj said that focusing on consumers’ experiences at Google search is old-school…