University of Alabama Can’t Stop Paintings of Famous Crimson Tide Football Moments–University of Alabama v. New Life Art
By guest blogger Deborah Gerhardt [Eric’s introduction: Deborah Gerhardt is a law professor at University of North Carolina. She is part of the 3G team (including myself and Leah Chan Grinvald) working on the trademark policing article I mentioned last…
Trademark Registrant Isn’t Required to Shut Down Competitive Keyword Advertisers–STK v. Backrack
By Eric Goldman STK LLC v. Backrack, Inc., Cancellation No. 92049332, 2012 WL 2024459 (TTAB May 21, 2012). The TTAB designated this opinion “non-precedential,” which they do with the vast majority of their opinions. Deborah Gerhardt, Leah Chan Grinvald and…
“Hot Topics in Internet Law” Talk Slides
By Eric Goldman This weekend I presented on “Hot Topics in Internet Law” at the San Francisco IP Law Association’s Spring Seminar in Healdsburg. My talk slides. A few photos from the trip. As I’ve mentioned before, I find “hot…
PissedConsumer Denied Section 230 Immunity and Can’t Shake Extortion Claim—Vo v. Opinion Corp.
By Eric Goldman Vo Group v. Opinion Corp., 8758/11 (N.Y. Sup. Ct. May 22, 2012) PissedConsumer is a consumer review site occupying the same market niche as Ripoff Report. It only wants negative consumer reviews of businesses (as signaled by…
LLC Members in Online Store Venture Bound by Partnership Fiduciary Duties — Health and Body Store v. Justbrand Limited
[Post by Venkat Balasubramani] Health and Body Store, LLC v. Justbrand Limited, 11-4132 (3d Cir.; May 11, 2012) *Sigh.* Another group of people attempt a web venture with zero documentation and end up in court. One of the many perennial…
Trademark Trolling by SEO Consultant Provides Cautionary Anti-SOPA Tale (and Other Lessons)–Premier Pool Management v. Lusk
By Eric Goldman Premier Pool Management Corp. v. Lusk, 2012 WL 1593206 (E.D. Cal. May 4, 2012) Have I mentioned recently how much I hate SOPA? Today’s case is a textbook example of why SOPA–and the things it stood for–were…
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…