What Color is Your Protest?
An Arab anti-settlement political party used an orange color to protest Israeli settlements. Then, some Jewish nationalist political groups have adopted the same orange shade to show support for the Israeli settlements. Fortunately, rather than taking more extreme measures, the…
What Happens in Nastygrams…
Steve Middlebrook passed along this story about the slogan “What happens in Vegas, stays in Vegas.” Dorothy Tovar liked the phrase so much, she put it on T-shirts and registered a trademark in it. Then, she got the nasty letter…
Symantec Sues Hotbar for Declaratory Judgment That Symantec’s Classifications/Descriptions Do Not Create Liability
Symantec Corp. v. Hotbar.com, Inc., Case No. C05-02309 (N.D. Cal. complaint filed June 7, 2005). This complaint was filed 3 weeks ago, but I was only able to get a copy of the complaint today. Even then, I have not…
Important 2d Circuit Adware Case–1-800 Contacts v. WhenU
1-800 Contacts, Inc. v. WhenU.com, Inc., Docket Nos. 04-0026-cv and 04-0446-cv (2d Cir. June 27, 2005). Overshadowed by yesterday’s Grokster mania, the Second Circuit finally issued an important ruling about WhenU’s liability for trademark infringement. The court found that WhenU…
Guest Blogger–Mark Schultz
I’m pleased to introduce Mark Schultz as a guest blogger. Mark is a law professor at Southern Illinois University, where he teaches intellectual property courses and legal ethics. Prior to becoming a law professor, Mark was an IT and IP…
Grokster Ruling Commentary
In this post, I’ll summarize some of the various blog reactions to Grokster that I’ve come across. You should start with my own, of course! For another good roundup (with some overlap to this post), see Ernest Miller’s The Importance…
Grokster Supreme Court Ruling
Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd, Case No. 04-480. (US Supreme Court June 27, 2005). What Happened The Supreme Court unanimously reversed the Ninth Circuit’s upholding of summary judgment for the defendants, sending the case back to the lower courts…
AP Story on Defining Spyware/Adware
As a follow-up to yesterday’s story on advertiser liability for adware, today the AP runs a story about the definitional ambiguities of the words “spyware” and “adware,” and the problems those ambiguities create. I think this quote sums it up…
Problems with Congress’ Latest Anti-Porn Law
Congress’ latest anti-porn attack is codified in 18 U.S.C. 2257. a law which requires anyone producing or distributing pornography to engage in some costly and logistically-difficulty verifications and record-keeping. Kurt Opsahl at EFF explains how this law affects more than…
AP Story on Advertiser Responsibility for Adware
Michael Gormley of the Associated Press has finally released his story on advertiser responsibility for adware (I interviewed with him almost a month ago). The article does a good job recapping the issues. I have a lot more to say…