Ohio Appeals Court: GoDaddy can be Held Liable for Wrongly Transferring Control Over Domain Name and Email Accounts — Eysoldt v. ProScan
…family members. The court instead focuses on the email accounts and notes: [w]hile Jill and Mark [the other family members] acknowledged that the account was registered to Jeff, the evidence…
Dentist Pays Sizable Penalty for Not Knowing 47 USC 230–Wong v. Jing
…fees attributable to Yelp as opposed to the other defendants. I contacted the defense attorney, Mark Goldowitz of the California Anti-SLAPP Project, and it appears that at least $8k of…
Thoughts on the Lawsuit Over the @OMGFacts Twitter Account — Deck v. Spartz, Inc.
…over the @OMGFacts (or OMG Facts) brand, even though the complaint does not expressly alleged a claim for trademark infringement. Unfortunately, the agreement says very little about trademark rights. (Here…
Quityerbitchin: Relative Search Results Placement Doesn’t Support Trademark Injunction–Bitchen Kitchen v. Bitchin’ Kitchen
…term “Bitchin” almost 30 years after the Valley Girl song popularized the term. Didn’t the term become passe DECADES ago? For a similar observation, see my post on the trademark…
Department of Commerce Releases Worthless Report on Trademark Bullying
By Eric Goldman Trademark Litigation Tactics and Federal Government Services to Protect Trademarks and Prevent Counterfeiting, April 2011. [For background, see my earlier blog post on trademark bullies. The term…
YouTube and its Amici File Their Briefs in the Viacom v. YouTube Appeal
…out which clips were authorized and which weren’t. As the brief says: “Even Viacom’s lawyers were tripped up by Viacom’s stealth marketing: in the district court, they submitted two documents…
UC Irvine Virtual World Conference Notes
…Mark Lemley. Rebecca’s summary. He’s playing the role of an old Internet curmudgeon. The first generation of Internet law resembles the current regulation of virtual worlds. In the old days,…
March 2011 Quick Links, Part 3
…case of online impersonation. * Ceglia v. Zuckerberg, 2011 WL 1108607 (W.D.N.Y. March 28, 2011). Mark Zuckerberg is domiciled in CA for purposes of jurisdiction. * I participated in an…
47 USC 230 Retrospective Conference Recap
…try to shoehorn defamation into copyright complaints. Twitter now sends its received takedowns to Chilling Effects. Laurence: unhappy businesses try to assert copyright in business listing or trademark in name…
Jury Awards Damages Against Web Designer/SEO/Host on Contributory Trademark Infringement Theory–Roger Cleveland v. Prince
…case where contributory trademark infringement has been found online without so much as a takedown notice. I disagree that this portends a new era of secondary trademark liability; instead, I…