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”…
YouTube Defeats Trademark Lawsuit–Lops v. YouTube
Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. He alleges that YouTube sold items under the “Confidence Empire” brand and published videos from a dance troupe named Confidence Empire (maybe this one?). He sued YouTube for…
Domain Name Sniping Covered by Section 230–Scott Rigsby v. GoDaddy
It’s refreshing to see a “normal” Section 230 opinion from the Ninth Circuit. They have gotten rarer, and the Gonzalez opinion may make them extinct. Scott Rigsby is the first double-leg amputee to complete an Iron Man Triathlon. He registered…
2022 Internet Law Year-in-Review
Three dynamics combined to make 2022 a brutal year for Internet Law. First, the techlash is taking its toll. There is widespread belief that the major incumbents are too big, too rich, and too capricious to avoid pervasive government control….
2H 2022 Quick Links, Part 2 (Trademarks)
Trademark * Illinois’ Fair Food and Retail Delivery Act: “A third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant, and may not take or arrange for the pickup or…
Got a Selfie With a Celebrity? Think Twice Before Using It In Ads–50 Cent v. Kogan
This is yet another blog post about 50 Cent a/k/a Curtis Jackson. This time, he “happened to be in the proximity” of the defendant’s cosmetic surgery clinic. Doing what, exactly? The opinion doesn’t say. While he was fortuitously in the…
Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular
Porta-Fab and Allied Modular compete in the modular building space, which has an average sales price of $32k. Allied purchased “PortaFab” as a broad match for keyword ads, showing ads like this (highlighting added): As you can see, Allied’s ad…
If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants
Emoji Co. GmbH has registered trademarks in the dictionary word “Emoji.” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety…
First Amendment Protects Videogame’s Depiction of Tractor’s Trade Dress–Saber v. Oovee
This case involves the Polish tractor manufacturer Kirovets’ K-700 tractor: Saber makes the videogame MudRunner. It exclusively licensed the right to depict the K-700 in its videogames, including the right to enforce the exclusive license in court. Oovee make the…
Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia
Troia was a LoanStreet employee. He was allegedly fired for cause. Troia posted disparaging comments about LoanStreet at Glassdoor.com, Reddit.com, and Teamblind.com. He then worked to boost the posts’ visibility, including: the posts asked users to “follow [his] link and…