Trademark Owner Can’t Hold GoDaddy Liable for Domain Name Forwarding — Berhad v. GoDaddy

[Post by Venkat Balasubramani] Berhad v. GoDaddy, C 09-5939 PJH (N.D. Cal.; Jan. 3, 2012) Plaintiff, Petroliam Nasional Berhad (Petronas), a government owned entity, owns the Petronas Towers in Malaysia. It’s trying to enforce its trademark rights against two domain…

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…

More on Ex Parte Cutoffs of Foreign “Rogue” Domain Names

By Eric Goldman I got the following email regarding our prior three posts on ex parte cutoffs of foreign “rogue” websites in the Chanel, True Religion and Philip Morris cases (I’m republishing the email with permission): __________ All of the…

Does the House Judiciary Committee Debating SOPA Know What’s Going On In the Courts?–Philip Morris v. Jiang

[Post by Venkat Balasubramani, with comments from Eric] Philip Morris USA, Inc. v. Jiang, 11-cv-24049 (S.D. Fla.) (TRO entered on Nov. 16, 2011) (Prelim. Injunction Entered on Dec. 12, 2011) This is yet another case where a court orders broad…

If You Dislike SOPA, You’ll Dislike This Case Too–True Religion v. Xiaokang Lei

[Post by Venkat Balasubramani, with comments from Eric] True Religion v. Xiaokang Lei (S.D.N.Y.) (TRO; Nov. 18, 2011) (Prelim. Injunction; Dec. 2, 2011). The initial complaint. We recently blogged about a case where Chanel obtained surprisingly broad remedies against domain…

Facebook’s Trademark Enforcement Effort Against “Faceporn” Hits Jurisdictional Snag — Facebook v. Pedersen

[Post by Venkat Balasubramani] Facebook, Inc. v. Pedersen, et al., 10-cv-04673 (N.D. Cal.; Nov. 29, 2011) Facebook sued Pedersen and Retro Invent, who are based in Norway and run the “Faceporn” site. “Faceporn” is a website which features pornographic content…

Court OKs Private Seizure of Domain Names Which Allegedly Sold Counterfeit Goods–Chanel, Inc. v. Does

[Post by Venkat Balasubramani] Chanel, Inc. v. Does, et al., 11-cv-01508-KJD-PAL (D. Nev.) (Sept. 26, 2011 Order) (Oct. 11, 2011 Order) (Nov. 14, 2011 Order) Luxury brand Chanel has engaged in a fierce campaign against counterfeit websites in federal court…

District Court Denies Motion to Dismiss on Reverse Domain Name Hijacking Claim — Airfx.com v. AirFX LLC

[Post by Venkat Balasubramani, with comments from Eric] Airfx.com v. AirFX LLC, 11-01064 (D. Ariz.; Oct. 20, 2011). See also the UDRP ruling, AirFX, LLC v. ATTN AIRFX.COM, Claim Number FA1104001384655 (NAF May 16, 2011). Lurie is an indoor skydiving…

Q3 2011 Quick Links, Part 2 (Trademarks/Domain Names Edition)

By Eric Goldman * In the Betty Boop case (Fleischer Studios v. AVELA), the Ninth Circuit stepped back from some of its perplexing language about aesthetic functionality and the Dastar opinion, but the revised opinion remains confusing. Rebecca’s coverage. *…