New Case on Indexable Uses of Trademarks on Web Pages
Independent Living Aids, Inc. v. Maxi-Aids, Inc., 2005 WL 756676 (2d Cir. April 4, 2005) (unpublished/uncitable decision). This opinion is the latest in a string of rulings involving a trademark infringement claim between two manufacturers of equipment for physically challenged…
Google v. Froogles
Google has sued discount shopping site Froogles for trademark infringement. This is not the first time the parties have met; Google lost a UDRP against Froogles already. Most interesting line from the complaint: “As between the parties, Google is the…
NPR on Whois and Privacy
Larry Abramson of NPR ran a story entitled “New Laws on Domain Names Aim to Stem Online Fraud” (specifically referring to the Fraudulent Online Identity Sanctions Act, passed as part of the Intellectual Property Protection in Courts Administration Act). My…
New AdWords Trademark Lawsuit–JTH Tax v. Google
JTH Tax, Inc. v. Google, Inc., 2:05CV200 (E.D. Va. complaint filed April 4, 2005). JTH runs “Liberty Tax Service.” A company, “freeadvicecenter.com” runs an AdWords ad (the complaint does not specify what keywords triggered it) that has the title “Liberty…
Anti-Spoofing Protocol
A spammer makes unauthorized use of a company’s trademarks in an email promoting the purchase of goods/services. This isn’t a phishing email per se; it’s not trying to disgorge personal statistics for identity theft or outright theft (although it may…
Talk at Stanford on Online Trademark Law
I’m giving a talk at Stanford on Saturday about online trademark law. You can get a sneak preview of my outline. (This talk is largely cribbed from my Deregulating Relevancy paper).
Bosley Medical Institute v. Kremer–Victory for Gripers
Bosley Medical Institute v. Kremer, No. 04-55962, 9th Cir. Apr. 4, 2005. Kremer launches gripe site at www.bosleymedical.com, using the trademark of his target (with no additional words/letters) in the domain name. The court’s response was a big victory for…
Q Pasa?
Who owns the letter “Q” in connection with autos? Nissan claims it does and Audi doesn’t. Update: Detroit Free Press story (quoting Schwimmer) [but I’m pretty sure that Apple does not own the prefix “i”, so I’ll chalk that up…
Utah Amends Spyware Control Act
Last week, the Utah governor signed HB 104, the amendment to Utah’s Spyware Control Act. The amendment is, in fact, a nearly complete rewrite of the prior law. I blogged on the proposed law last month, and since then further…
EFF Against Trademark Dilution Act
The EFF has come out against the Trademark Dilution Revision Act. UPDATE: The law has passed. My comments on the Trademark Dilution Revision Act of 2006 as passed.