My Comments to the USPTO About the SAD Scheme and Anticounterfeiting/Antipiracy Efforts
[I submitted the following comments to the USPTO] __ To: United States Patent and Trademark Office, Department of Commerce From: Prof. Eric Goldman, Associate Dean for Research, Santa Clara University School of Law Date: August 22, 2023 Re: Comments regarding…
My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry
I’m pleased to share a draft of a new paper, “A SAD New Category of Abusive Intellectual Property Litigation.” The abstract: This paper describes a sophisticated but underreported system of mass-defendant intellectual property litigation called the “Schedule A Defendants Scheme”…
2H 2022 Quick Links, Part 3 (Copyrights and More)
Copyright * Wallster, Inc. v. Redbubble, Inc., 2022 U.S. Dist. LEXIS 198181 (C.D. Cal. Oct. 21, 2022): this Court rejects Wallshoppe’s argument that recklessness is enough to meet the knowledge requirement for contributory copyright infringement… Wallshoppe alleges Defendant has a…
The Legal Implications of Datacenter Location (Guest Blog Post)
by guest blogger Marketa Trimble The location of a datacenter matters—the location of third-party datacenters affects companies’ (datacenter customers’) decisions whether to use the datacenters for colocation or other services. Part of any assessment of the suitability of a datacenter…
1H 2021 Quick Links, Part 1 (IP)
Trademarks and Domain Names * Kid Car NY, LLC v. Kidmoto Techs. LLC, 2021 WL 466975 (S.D.N.Y. Feb. 9, 2021): “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as…
Can Influencers’ Failure to Disclose Sponsorship Constitute False Advertising?–EIS v. WOW Tech (Guest Blog Post)
by guest blogger Prof. Alexandra J. Roberts This decision has everything—from sex toys with proprietary air pulse technology to Instagram influencers and Amazon astroturfing to illicit meetings inside the sauna of a well-known Las Vegas hotel. Most exciting for this…
Domain Name Registrar Isn’t Liable for Counterfeit Goods–InvenTel v. GoDaddy
InvenTel makes security cams for cars. It is trying to crack down on Chinese counterfeiters. It brought a prior lawsuit against a wide range of defendants, including GoDaddy. InvenTel voluntarily dismissed GoDaddy from that suit. It brought a second round…
1H 2019 Quick Links, Part 1 (Copyright & More)
Copyright * Long v. Dorset, 2019 WL 861424 (N.D. Cal. Feb. 22, 2019). Dorset allegedly locked Long out of his Facebook page. Access was restored in 5 business days. The court says that’s expeditious enough for DMCA notice-and-takedown purposes: Plaintiff’s…
Q2 2018 Quick Links, Part 1 (Trademarks and Other IP)
Trademark * Carter v. Oath Holdings, 17-cv-07086-BLF (N.D. Cal. June 21, 2018) Courts have held that an online provider does not “use” a mark under the meaning of the Lanham Act when its search engine returns a search result based…
Conference on IP Enforcement at Trade Shows, UNLV, October 4, 2018 (Guest Blog Post)
by guest blogger Marketa Trimble The practice of IP law fascinates IP law enthusiasts, and it can be stimulating for others as well. The practice has even been considered exciting enough for IP lawyers to be portrayed in a sophisticated beer…