Web Host Faces Potential Contributory Trademark Liability–Louis Vuitton v. Akanoc
…because just about every web host could satisfy this test. Contributory Trademark Infringement The court references the contributory trademark infringement standard from the Ninth Circuit’s 1999 Lockheed v. Network Solutions…
Cautionary Tale of Website Co-Ownership–Mikhlyn v. Bove
…websites under the “ABC” brand (including domain names and the website design/text–Ana obtained a (contested, of course) copyright registration for the latter), an eBay storefront, a registered trademark in “ThreaDelight”…
Vulcan Golf v. Google Class Certification Denied
…of their marks, the famousness of their marks (for dilution) and the similarity between their marks and the defendants’ usage. These are all intensely fact-specific questions; none of which seem…
Blockshopper Request to Dismiss Jones Day Lawsuit Denied
…of the mark under the revised dilution law. With all of these obvious problems, this should be an easy defense win…right? Unfortunately, trademark law is so completely broken that it…
Just who is an Internet access service provider under CAN-SPAM?
…email recipients to bring suit under state laws, and both actual and exaggerated instances of ‘professional plaintiffs’ bringing questionable suits against email marketers, many business and marketing lobbyists were eager…
September 2008 Quick Links, Part 3
…Aug. 12, 2008). Upholding the consequential damages waiver in PayPal’s user agreement. * A company’s failure in the marketplace can drive up the value of its collectibles on eBay. Google…
Delayed Enforcement Blocks Domain Name Lawsuit–Southern Grouts v. 3M
…if it won in court. What was the plaintiff thinking? Background 3M and SGM compete in the field of “quartz aggregate products for surface finishes.” SGM has a federal trademark…
Io v. Veoh Comments–a Terrific 512(c) Defense-Side Win
…I think these two opinions put a huge exclamation mark to reject the notion that courts will only tolerate passive conduits (who do nothing to police their network) or perfect…
Minnesota Court Says Keyword Advertising is TM Use in Commerce–Hysitron v. MTS
…that buying a trademarked keyword is “use in commerce” under the Lanham Act even if the trademark doesn’t appear in the ad copy. The court says: This Court adopts the…
July 2008 Quick Links, Part I (IP Edition)
…defenses. 3) Ken Port, Trademark Extortion: The End of Trademark Law. Prof. Port marshals some empirical evidence to argue that the quantity of trademark lawsuits is dropping but more trademark…