Groupon Defeats Trademark Challenge–Groupion v. Groupon
By Eric Goldman Groupion, LLC v. Groupon, Inc., 2012 WL 1655728 (N.D. Cal. May 8, 2012). Groupion makes CRM software. Groupon is the leading online daily deals provider. A year ago, Groupion sued Groupon for trademark infringement. Last Fall, the…
Franchisor Really, Really Unhappy With Franchisee’s Co-Promotion With a Topless Bar–Capriotti’s v Taylor
By Eric Goldman Capriotti’s Sandwich Shop, Inc. v. Taylor Family Holdings, Inc., 2012 WL 1448514 (D. Del. April 25, 2012). The complaint and exhibits A-D, E-H and I-O. Some background. Capriotti’s is a franchised fast-food sandwich chain, with its signature…
Hermès Obtains (Ex Parte) $100M Award Against Alleged Counterfeiters–Hermès v. Does
[Post by Venkat Balasubramani, with comments from Eric] Hermès v. Does, 12-civ-1623 (S.D.N.Y.; Apr. 30, 2012) We’ve blogged repeatedly about trademark owners obtaining ex parte orders that provide extraordinarily broad relief, ranging from domain name seizures to orders directing search…
Internet Intermediary Law Slides from Stanford Guest Lecture
By Eric Goldman I recently guest-lectured at an Internet Law course at Stanford, run by Jennifer Granick and Richard Salgado. My slides. Jennifer asked me to cover 47 USC 230 and 17 USC 512 in a single session. I know…
Cautionary Tale for Settling Trademark Cases–Tormented Souls v. Tormented Souls Motorcycle Club
By Eric Goldman Tormented Souls Inc. v. Tormented Souls Motorcycle Club Inc., 2012 WL 1314128 (E.D.N.Y. April 17, 2012) The parties settled a trademark litigation. The settlement agreement required the defendants to “take all the steps necessary to remove all…
Terminating an NFL Player’s Endorsement Agreement for Polemic Tweets May Be Contract Breach–Mendenhall v. Hanes
[Post by Venkat Balasubramani, with comments from Eric] Mendenhall v. Hanesbrands, 2012 WL 1230743 (M.D.N.C.; Apr. 12, 2012) This case has it all: Twitter, a pro football player, terrorism, Osama bin Laden and contract law geekiness! Background: Rashard Mendenhall plays…
“Social Media and Trademark Law” Talk Notes
By Eric Goldman Today, I gave a talk at Suffolk University’s event “Social Networking Sites: Law, Policy and Practical Strategies” on Social Media and Trademark Law. My talk notes: _____ 1. Overview A. Trademark doctrine is inherently elastic * Schizophrenia…
Fourth Circuit’s Rosetta Stone v. Google Opinion Pushes Back Resolution of Keyword Advertising Legality Another 5-10 Years
By Eric Goldman Rosetta Stone Ltd. v. Google, Inc.,, 2012 WL 1155143 (4th Cir. April 9, 2012). I’m listed in the caption as a limited intervenor in the efforts led by Paul Levy to crack open the redacted material from…
Tough Mudder Gets Its Hands Dirty in Trade Dress Fight (Guest Blog Post)
By Guest Blogger Tsan Abrahamson of Cobalt Law [Eric’s introduction: Tsan and I go back two decades to when we were both JD/MBA students at UCLA; then we worked together at Cooley in the second half of the 1990s before…
Brief Brand Reference in TV Ad Constitutes Trademark Dilution–Louis Vuitton v. Hyundai
By Eric Goldman Louis Vuitton Malletier, S.A. v. Hyundai Motor America, 2012 WL 1022247 (S.D.N.Y., March 22, 2012). The ad in question (also embedded below). The first amended complaint. Introduction Back in 2007, we held a major academic symposium on…