Ninth Circuit Reconsiders SEO-Destroying Injunction Against DMV.Org–TrafficSchool v. EDriver (Joint Blog Post)
By Rebecca Tushnet and Eric Goldman TrafficSchool.com, Inc. v. Edriver Inc., 2011 WL 3198226 (9th Cir. July 28, 2011) [Over the years, Rebecca and I have blogged dozens of the same cases. However, we’ve never done a joint blog post…
Social Media Marketing Is Relevant to Trademark Confusion Analysis–Quia v. Mattel
By Eric Goldman Quia Corp. v. Mattel, Inc., 2011 WL 2749576 (N.D.Cal. July 14, 2011) Both parties offer educational games under the brand “IXL” (presumably a homophone for “I excel”). The parties dispute who came first. Mattel sought a determination…
The “Graduated Response” Deal: What if Users Had Been At the Table? (Co-Authored Post)
[Cross-posted to EFF’s Deeplinks as well as here] By Corynne McSherry and Eric Goldman As was widely reported last week, several major internet access providers (including, very likely, yours) struck a deal last week with big content providers to help…
17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v. Ozimals
By Eric Goldman Amaretto Ranch Breedables, LLC v. Ozimals, Inc., 2011 WL 2690437 (N.D. Cal. July 8, 2011). I generally like furry critters, but I’m beginning to hate the virtual horses and virtual bunnies for their deleterious effect on Internet…
“Recent and Future Developments in Trademark Law” Talk Slides
By Eric Goldman Last month, I spoke with Mark Lemley and Peter Menell at a Silicon Valley IP Law Association dinner event designed to be a “year-in-review” of IP. I spoke on trademark law. My talk slides. To avoid the…
Mortuary Sciences College Student Disciplined for Threatening Facebook Posts–Tatro v. University of Minnesota
By Eric Goldman Tatro v. University of Minnesota, 2011 WL 2672220 (Minn. App. Ct. July 11, 2011) This sounds like it could have been an episode of Six Feet Under! Tatro is a student in University of Minnesota’s mortuary sciences…
Comments on NY Highest Court Ruling on 47 USC 230–Shiamili v. Real Estate Group [Catch up post]
By Eric Goldman Shiamili v. The Real Estate Group of New York, Inc., 2011 WL 2313818 (N.Y. App Ct. June 14, 2011). My blog post on the intermediate appellate ruling. [I was traveling in mid-June and a few interesting rulings…
Comments on the Second Circuit Hot News Decision–Barclays v. theflyonthewall [Catch up post]
By Eric Goldman Barclays Capital Inc. v. Theflyonthewall.com, Inc., 10-1372-cv (2d Cir. June 20, 2011). My prior blog post on the case. [I was traveling in mid-June and a few interesting rulings fell through the cracks. This is a catch-up…
“App Store” Isn’t Generic, But Apple Can’t Enforce Its Purported Trademark in the Term–Apple v. Amazon
By Eric Goldman Apple, Inc. v. Amazon.com Inc., 2011 WL 2638191 (N.D. Cal. July 6, 2011) Apple’s enforcement campaign over the term “App Store” is ridiculous. Apple is trying to prop up a farcically weak trademark claim–and to what end?…
Righthaven Defendant Awarded $3,800 in Attorneys’ Fees–Righthaven v. Leon
By Eric Goldman Righthaven, LLC v. Leon, 2011 WL 2633118 (D. Nev. July 5, 2011). My most recent post on Righthaven. Judge Navarro ordered Righthaven to pay $3,815 to the attorneys for one of its defendants, Michael Leon. This award…