Ninth Circuit Highlights the Messy Law of Contributory Trademark Infringement Online–YYGM v. RedBubble
…Marketplace Defeats Trademark Suit Because It’s Not the “Seller”–OSU v. Redbubble * Zazzle Loses Copyright Jury Verdict, and That’s Bad News for Print-on-Demand Publishers–Greg Young Publishing v. Zazzle * Trademark…
Trademark Extraterritoriality: Abitron v. Hetronic Doesn’t Go the Distance (Guest Blog Post)
…wherever the mark serves its source-identifying function.” She explains that after the first sale of the marked goods, the “trademark is also ‘use[d] in commerce’ wherever and whenever those goods…
Reddit Defeats Lawsuit Over Removal of r/WallStreetBets Moderator’s Privileges–Rogozinski v. Reddit
…commerce of the mark, which the court does credit–essentially as an admission that Reddit is the rightful owner of the trademark. Oops. State Law Claims. With respect to the non-trademark…
European IP Office Denies Trademark Registration for “I Love You” Emoji 🤟
The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign…
Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)
…of a mark exception can apply, however, if the mark is being used as a mark in a parody or other commentary about the trademark owner and that speech is…
Test Buys Don’t Create Personal Jurisdiction Over Amazon Merchant–Oceanside v. Instock
…made Amazon marketplace sales. The court responds: “Defendant’s online sales to a national marketplace do not constitute the kind of California-focused conduct necessary to show express aiming.” Test buys in…
Competitive Keyword Ad Lawsuit Fails…Despite 236 Potentially Confused Customers–Lerner & Rowe v. Brown Engstrand
…False Advertising (Huh?)–LoanStreet v. Troia * Trademark Owner Fucks Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. Groupon * 1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over…
The First Amendment Limits Trademark Rights, But How?–Jack Daniel’s v. Bad Spaniels (Guest Blog Post)
…that it does not require courts to determine whether a defendant’s use of another’s mark is a parody, a trademark use, or a commercial use of the mark. It applies…
YouTube Defeats Trademark Lawsuit–Lops v. YouTube
…damages, and temporary and permanent injunctive relief.” (Spoiler: he doesn’t get $1B). The trademark infringement claim fails because “YouTube is a ‘streaming platform,’ not an ‘online marketplace.’ Lops fails to…
A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)
…least, be required that the speaker indicate that he intended to mark off the utterance in question from the ordinary stream of speech, that he meant to adopt it as…