Alaska’s legislature has passed SB 140 (to be codified at Sec. 45.45.792, 45.45.794 and 45.45.798), which is awaiting the governor’s signature. This statute contains some anti-Internet porn provisions (probably unconstitutional under the First Amendment and Dormant Commerce Clause), but I’m…
I spoke yesterday about the initial interest confusion doctrine at the Intellectual Property Law Association of Chicago. My slides. I also updated my summarized list of initial interest confusion cases.
The Grokster Watch continues–no opinion today. This releases the anxiety for today, but the anxiety hardly has gone away. My prediction on Grokster (if you came from the NY Times, this link leads to the referenced post). NY Times article…
Last week I applauded the FTC for arguing against the mandatory labeling of commerical emails. In that post, I argued that the labels would increase the rate of erroneous judgments by recipients, because the recipients would mistakenly believe that the…
By John Ottaviani I tend to like “non-traditional” trademarks, such as color, sound, buildings, furniture designs, etc. So while we are “waiting for Grokster,” I note that the Federal Circuit recently affirmed, per curium, the 2004 decision by the Trademark…
To build traffic for AOL.com, AOL is buying search ads on Google and Yahoo. The article says: “AOL had initially considered spending as much as $50 million on television ads to promote the portal. But that changed after the company…
Spyware: Background and Policy Issues for Congress, Congressional Research Service, Order Code RL32706 (May 18, 2005). This report, written as a primer for Congress, is one of the most balanced descriptions of the spyware issues I’ve seen. (Balance is a…
I’m a little late blogging this. It appears that the Lane’s Gift and Collectible lawsuit over click fraud is tied up in procedural limbo right now. The suit was filed in state court, the defendants moved the case to federal…
In critiquing the .xxx TLD, I took a brief swipe at the .kids.us debacle. Meanwhile, during my trip, Reuters ran a good retrospective article on the complete failure of the domain. As the article says: “while Congress and administrator NeuStar…
A new documentary called BBS: The Documentary is out, and it inspired a retrospective on BBSs at Wired. I haven’t seen the documentary yet, but the Wired article definitely took me back to my first flirtations with cyberspace. I got…