eBay Resales Constitute Trademark Infringement Despite First Sale Doctrine–Beltronics v. Midwest
By Eric Goldman Beltronics USA Inc. v. Midwest Inventory Distribution, No. 07-3340 (10th Cir. April 9, 2009) This is yet another online channel leakage case (for my last visit to this topic, see the Mary Kay v. Weber case). Beltronics…
230 Doesn’t Preempt State IP Claims–Atlantic Records v. Project Playlist
By Eric Goldman Atlantic Recording Corp. v. Project Playlist, Inc., 2009 WL 766224 (S.D.N.Y. March 25, 2009). The Justia page. This ruling addresses one of the known “circuit splits” in 47 USC 230 jurisprudence: does 230 preempt state IP claims…
Graeme Dinwoodie on Rescuecom v. Google
By Eric Goldman [Eric’s note: As I mentioned, I’m getting a lot of private emails about Rescuecom v. Google, including the email from Margreth Barrett that I blogged last week. Today, I got the following email from Graeme Dinwoodie, a…
Robert Steinbuch Loses Another Round–Steinbuch v. Hachette
By Eric Goldman Steinbuch v. Hachette Book Group, 2009 WL 963588 (E.D. Ark. April 8, 2009). The Justia page. Law professor Robert Steinbuch, a male “protagonist” from the notorious and risque Washingtonienne blog by Jessica Cutler, suffered another courtroom loss….
GoDaddy Sued for Cybersquatting for Parked Domain Names–uBid v. GoDaddy
By Eric Goldman uBid, Inc. v. GoDaddy Group, Inc., 1:09-cv-02123 (N.D. Ill. complaint filed April 6, 2009) Domain name parking programs have generated some lawsuits, including the Vulcan Golf v. Google lawsuit (plus several “me-too” lawsuits following in its footsteps)…
Blogspot Sued for Dead Blogger’s Content–Davis v. Google
By Eric Goldman Davis v. Google, 09 CH 15753 (Cook County Ct. complaint filed April 9, 2009) Venkat sent a very interesting lawsuit this morning that raises some complex policy issues. The complaint alleges that Sean Healy created a blog…
Q1 2009 Quick Links, Part 4
By Eric Goldman Security * Massachusetts Data Security regulations were amended. * In Facebook v. Power.com, Facebook brought another lawsuit to block extraction of user data from the site (similar to the Facebook v. ConnectU lawsuit). Venkat, Masnick, News.com, NYT,…
Q1 2009 Quick Links, Part 3
By Eric Goldman Blogging and Social Networking Sites * A new version of the EFF Legal Guide to Blogging. While you’re there, consider joining EFF as a member. The EFF does first-rate work, and they can use all the support…
Q1 2009 Quick Links, Part 2
By Eric Goldman Trademarks/Domain Names * The ridiculous Jones Day v. BlockShopper case settled. The settlement agreement. The ABA Journal and Legal Blog Watch stories. Commentary from CMLP, Paul Levy, Tom O’Toole. * The trial court denouement of the S&L…
Margreth Barrett on Rescuecom v. Google
By Eric Goldman [Eric’s note: my email in-box is bulging with emails trying to sort out last Friday’s Second Circuit decision in Rescuecom v. Google. I got the email below from Margreth Barrett, a law professor at UC Hastings who…