Do Adjacent Organic Search Results Constitute Trademark Infringement? Of Course Not…But…–America CAN! v. CDF
…crazy, that’s because it is. We can say with 100% confidence that mere adjacency doesn’t constitute trademark infringement (also see my expert report in Larsen v. Larson). Plus, there are…
Recap of the California Assembly Hearing on the California Consumer Privacy Act
…counted 15 audience members who spoke. Only 1, from Consumer Reports, wanted an expansion of the law. The other 14 included representatives from the Association for National Advertisers (ANA), Allclear,…
A Status Report on the California Consumer Privacy Act
…variants of the CCPA, including Washington states. Bloomberg reports on the efforts in 8 states. This proliferation is bad news. Either the other states’ laws will fix the CCPA’s mistakes…
An Analysis of Title I and Title III of The Music Modernization Act, Part 2 of 2 (Guest Blog Post)
…U.S.C. §115(d)(3)(F)] Collecting and Distributing Royalties Digital music providers must report and pay royalties to the Collective each month, 45 calendar days after the end of the monthly reporting period….
An Analysis of Title I and Title III of The Music Modernization Act, Part 1 of 2 (Guest Blog Post)
…license is the same (or lower) than the statutory royalty, but the terms and conditions for reporting and paying royalties are somewhat more convenient to administer than those set forth…
Must Universities Shut Down Constitutionally Protected Speech Forums That Also Enable Student Harassment?
…university issued a campus-wide email claiming “that nothing could be done, that is, the University had “no recourse for such cyber bullying.” Instead, she encouraged UMW students to report any…
2H 2018 Quick Links, Part 6 (IP, E-Commerce, Censorship, & More)
…able to “vindicate their statutory rights.” * Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression * “China is building…
Best and Worst Internet Laws [Repost from Concurring Opinions’ Archive]
…Not surprisingly, Congress made a lot of rookie mistakes. The CDA tried to keep kids away from Internet porn, a reaction to a sensational 1995 article (the “Rimm Report”) published…
Real Estate Appraisals and Copyrighting Facts [Repost from Concurring Opinions’ Archive]
…post first appeared on January 28, 2007.] As reported by the Washington Post, an interesting intellectual property dispute is brewing in the real estate appraisal business. On one side are…
Restricting Competitive Keyword Ads Is Anti-Competitive–FTC v. 1-800 Contacts
…Interesting Tidbits From FTC’s Antitrust Win Against 1-800 Contacts’ Keyword Ad Restrictions. * Some expert reports and related material: Howard Hogan. Dr. William Landes. Rebecca Tushnet’s rebuttal report. Prof. Rebecca…