Nov.-Dec. 2010 Quick Links, Part 5
…in commerce. The use of a website address containing a trademark is not the same as use of the mark.” – “The androiddata.com website served as a remnant of a…
Court Unlocks Allegedly Infringing Domain Name Based on Ineffectual Email Service — Station Casinos, Inc. v. Murphy
[Post by Venkat] Station Casinos, Inc. v. Murphy, 2:10-cv-01770-GMN-LRL (D.Nev.; Nov. 18, 2010) [pdf] Plaintiff, who operates a family of Station-branded casino hotels and owns the “STATION CASINOS” mark, brought…
SEO/Web Design Consultant Faces Contributory Trademark Liability for “Copycat” E-Commerce Site–Roger Cleveland Golf v. Price
…their initial strongly negative reaction to such a domain name. C) If you are an online business defending a secondary trademark claim, never treat contributory trademark claims lightly. Retain the…
Court Holds Defendant in Contempt for Failing to Scrub Trademark Use From the Internet — TDC Int’l v. Burnham
…“Quick and Easy Moving” mark, which supposedly infringed on TDC’s “EZ Moving/Moving and Storage” mark. The parties settled, and Burnham stipulated to a judgment against him. The consent judgment required…
Wildcarding Subdomains Is OK; Reverse Domain Name Hijacking Isn’t–Goforit v. Digimedia
…or any harm to it. The court first does a traditional multi-factor trademark confusion test; a few comments about that: Mark Strength: “Without any evidence of the GOFORIT mark’s consumer…
Amazon Isn’t Liable for Rogue Affiliate’s Keyword Ad Buys–Sellify v. Amazon
…its contractual relationship with the company in large part because it continued to infringe on plaintiff’s mark.” Once again, although trademark law doesn’t have a statutory notice-and-takedown procedure akin to…
Twitter Clarifies Usage Rules, but AFP Still Claims Unbridled Right to Use Content Posted to “Twitter/TwitPic”
…attitude toward Twitter-based marks? (See these April 2009 posts from Tom O’Toole (“Why Not Follow Twitter’s Example on Trademark Enforcement?“) and Mike Masnick (“Lesson For Companies Being Over-Aggressive In Trademark…
Holding on to a Domain Name to Gain Leverage in a Business Dispute Can Constitute Cybersquatting — DSPT Int’l v. Nahum
…trademark was not distinctive, the domain name was not confusingly similar to DSPT’s mark, and that there was insufficient evidence to support the jury’s $152,000 verdict. The court doesn’t give…
October 2010 Quick Links
…preemption and 47 USC 230 issues. Trademarks * The initial interest confusion doctrine appears to be infecting EU trademark law. * Reuters reports on buying counterfeit goods from China over…
First Sale and Exhaustion Doctrines in IP Conference, Nov. 5, SCU
…Telang, Heinz College, Carnegie Mellon University Molly Shaffer Van Houweling, UC Berkeley School of Law 10:20 – 10:40 Break 10:40 – 12:00 Channel Management Issues Moderator: Mark P. McKenna, Notre…