Facebook Settles With the FTC — In re Facebook, Inc.
[Post by Venkat Balasubramani, with comments from Eric] In re Facebook, Inc. (Nov. 29, 2011) (Settlement & Proposed Consent Decree [pdf]) (Mark Zuckerberg’s blog post) The FTC announced its long-rumored…
Court Awards Damages for Wrongful Disruption of Web Presence — Ordonez v. Icon Sky Holdings
…the mark: As far as which of the two parties should be entitled to use the ELIZABETH SKY mark, the facts were pretty unfavorable to George and Icon Sky. Ordonez…
Australian Court Says Google Isn’t Liable for Advertiser’s Misleading Ad–ACCC v. Trading Post (Guest Blog Post)
By Guest Blogger Mark Bender, with some comments by Eric Australian Competition and Consumer Commission v Trading Post Australia Pty Ltd [2011] FCA 1086 (September 22, 2011, corrected October 10,…
October 2011 Quick Links
…harbor protection for activities that occur “by reason of . . . storage at the direction of a user” under § 512(c)(1). Mark Lemley on Viacom v. YouTube. * Mick…
Notes from HTLI Conference on Defending Against Patent Risk
…to stick together. Michael McCoy (Appsterdam) European software developers are being approached by patent trolls. Some developers are considering avoiding the US market—it’s only 25% of the market for some…
Q3 2011 Quick Links, Part 2 (Trademarks/Domain Names Edition)
…of trademark law–expanded significantly by big trademark owners…like Coca-Cola–that I wouldn’t rule anything out. Yuck yuck yuck. * Mark McKenna, Probabilistic Knowledge of Third-Party Trademark Infringement, Stanford Technology Law Review…
Recommended Books on Business Decision-Making Using Intellectual Property?
…UPDATE: Recommendations in response to this post: John Palfrey, Intellectual Property Strategy Mark Blaxill and Ralph Eckardt, The Invisible Edge: Taking Your Strategy to the Next Level Using Intellectual Property…
Re-registration of Domain Name is not a “Registration” Under the ACPA — GoPets Ltd. v. Hise
[Post by Venkat Balasubramani] GoPets Ltd. v. Hise, 08-56110; 08-56112 (9th Cir. Sept. 22, 2011) Although Eric is not a big fan of them, the Ninth Circuit has produced a…
Facebook’s Trademark Suit Against Teachbook Survives Motion to Dismiss
…of the dismissal motion, saying “one could reasonably infer that the choice of the TEACHBOOK mark—which, like the FACEBOOK mark, is a curt, two-syllable conjunction of otherwise unremarkable words—to offer…
Court Declines to Dismiss or Transfer Lawsuit Over @OMGFacts Twitter Account — Deck v. Spartz, Inc.
…The fact that he did not restore any consideration he received is immaterial. Trademark claims: Deck brought common law trademark claims against Spartz, and Spartz’s principal defense was that the…