If Your Trademark Case Depends on Showing Initial Interest Confusion, Save Your Money–Select Comfort v. John Baxter
I’ve bashed the initial interest confusion doctrine for decades. It’s one of the worst doctrinal “innovations” in trademark law–ever. However, you might have noticed that I haven’t blogged many initial interest confusion cases recently. Why? Because the phrase rarely shows…
Another Section 512(f) Case Fails–ISE v. Longarzo
This ruling doesn’t break a lot of new doctrinal ground. Another 512(f) case fails–nothing new. I’m blogging mostly for completeness and as a follow up to my May post remarking that a 512(f) case survived a motion to dismiss. At…
Fair Use for “Meme” Can’t Be Decided on Motion to Dismiss—Philpot v. Alternet Media (Guest Blog Post)
by guest blogger Stacey Lantagne Memes implicate many legal issues, one of the major ones being copyright infringement and fair use. The copyright dispute here revolves around a photograph of Willie Nelson taken by the plaintiff, Philpot, and posted to…
Another Gambling Case Over Online Virtual Coins Proceeds–Wilson v. Playtika
I blogged about Big Fish, who had a trip to the Ninth Circuit and was denied a bid to arbitrate claims against it based on its waiver of the right to arbitrate. As a follow up, I also blogged about…
Eighth Lawsuit Against Social Media Providers for “Materially Supporting Terrorists” Fails–Copeland v. Twitter
This is another 1-800 LAW FIRM lawsuit against social media providers for allegedly materially supporting terrorists. Like the others, it fails. In light of the Ninth Circuit’s Fields opinion, dismissing a similar suit on proximate cause grounds, this opinion doesn’t…
The EU Anti-Geoblocking Regulation Becomes Effective Today (Guest Blog Post)
by guest blogger Marketa Trimble On December 3, 2018, the European Union’s Anti-Geoblocking Regulation enters into force. Its effects should be confined to the European Union’s internal market, yet the Regulation will also affect U.S. businesses serving customers in the European…