Nov.-Dec. 2011 Quick Links, Part 2 (Extended IP Edition)
By Eric Goldman Copyright * Costco v. Omega (E.D. Cal. Nov. 9, 2011). On remand after the disappointing non-result from the Supreme Court in this case, the district court gives Costco a decisive win, holding that Omega engaged in copyright…
I’m Not a Fan of this Craptastic Trademark Lawsuit–Fancaster v. Comcast
By Eric Goldman Fancaster, Inc. v. Comcast Corp., 2011 WL 6426292 (D.N.J. Dec. 22, 2011). We’ve seen some pathetic trademark lawsuits this year (SUE MOAR KALE, anyone?), but I’ll nominate this long-running litigation money-sink (going over 3.5 years) as the…
Nov.-Dec. 2011 Quick Links, Part 1
By Eric Goldman 47 USC 230 * Wang v. OCZ Technology Group, Inc., 2011 WL 4903190 (N.D. Cal. Oct. 14, 2011). In a false advertising suit, the plaintiff argued that the defendant quoted/linked to third party testimonials on the defendant’s…
UGC Website Hit With Spoliation Sanctions–Io v. GLBT
By Eric Goldman [This is one of those blog posts that got stuck in queue. It’s still pretty interesting, so I’m sharing at this relatively late date. Happy new year!] Io Group Inc. v. GLBT Ltd., 2011 WL 4974337 (N.D….
Ripoff Report May Be “Appalling,” But It Still Gets 47 USC 230 Immunity–Giordano v. Romeo
By Eric Goldman Giordano v. Romeo, 2011 WL 6782933 (Fla. App. Ct. Dec. 28, 2011). [Disclosure note: I joined an amicus brief in support of Ripoff Report’s position, written by Paul Levy of Public Citizen] One sign of a good…
Why Are Korean Copyright Owners Suing an Australian Infringer in San Jose, California?
By Eric Goldman DFSB Kollective Co., Ltd. v. Tran, 2011 WL 6730678 (N.D. Cal. Dec. 21, 2011) In light of SOPA, I am paying closer attention to transborder copyright and trademark enforcement actions. After all, SOPA is designed to redress…
UMG v. Shelter Capital: A Cautionary Tale of Rightsowner Overzealousness
By Eric Goldman UMG Recordings, Inc. v. Shelter Capital Partners LLC, 2011 WL 6357788 (9th Cir. Dec. 20, 2011). My prior blog posts on district court rulings on Veoh’s 512(c) safe harbor and attorneys’ fees/Rule 68. Make no mistake, web…
Infringing Download Without Further Infringement Only Supports Lost License Fee–Real View v. 20-20
By Eric Goldman Real View LLC v. 20-20 Technologies, Inc., 1:07-cv-12157-PBS(D. Mass. Sept. 21, 2011). The jury verdict form. A June 2011 ruling with more background. Copyright damages may not seem like the sexiest topic, but the reality is that…
Academic Literature Recap, Q4 2011
By Eric Goldman I’m mired in grading heck, slogging my way through 146 exams. As a result, blogging has taken a back seat. I have several key items to blog, including the UMG v. Shelter Capital and Ascentive v. Opinion…
Twelve Comments Filed in Response to Copyright Office Proposal to Amend 512 Designation Requirements
By Eric Goldman With all of the focus on SOPA/PIPA/OPEN, it’s easy to lose sight that a Copyright Office proposal seriously jeopardizes the 17 USC 512 online safe harbors for many service providers. Specifically, the Copyright Office proposes to expire…