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…
Trademark Lawsuit Over Website Text Comparing Products Baffles the Judge–AR Pillow v. Cottrell
By Eric Goldman AR Pillow Inc. v. Cottrell, 2012 WL 868109 (W.D.Wash. March 13, 2012). The complaint. Every time I read an opinion like this, a little piece of me dies. This is a ridiculously easy case, yet somehow it…
Facebook Faces Jurisdictional Hurdle in its Trademark Lawsuit Against Faceporn–Facebook v. Pedersen
[Post by Venkat Balasubramani] Facebook v. Pedersen, 10-Cv-04673 (N.D. Cal.; March 2, 2012) Facebook sued Pedersen, a resident of Norway, alleging that Pedersen’s use of the “Faceporn” mark infringed on and diluted Facebook’s trademarks. After the complaint was filed, Pedersen…
Justin.tv Mostly Eliminates Zuffa’s Trademark and Communications Act Claims Over User-to-User Live Video Streaming
By Eric Goldman Zuffa LLC v. Justin.tv, Inc., 2012 WL 764424 (D. Nev. March 8, 2012). The complaint. [Note: I’ve worked with Justin.tv on related issues, but I’m speaking for myself in this post] Justin.tv allows user-to-user live video streaming….
Fake Political Attack Video Doesn’t Violate Lanham Act–Ron Paul v. Does
By Eric Goldman Ron Paul 2012 Presidential Campaign Committee, Inc. v. Does, 3:12-cv-00240-MEJ (N.D. Cal. March 8, 2012) The Doe Defendants registered the alias “NHLiberty4Paul” at YouTube and Twitter and posted a YouTube video attacking Jon Huntsman. The video ends…