Q2 2014 Quick Links, Part 1 (IP)
Photo credit: 3D Quick Link Crossword // ShutterStock Trademark * Barton Beebe has posted a new free casebook, Trademark Law: An Open-Source Casebook. Quite possibly the new gold standard of…
How Well Do You Know IP Trivia? Let’s Find Out
Like all other exams administered by law professors, this one was designed to make you question if you are smarter than a snail. Photo credit: The word Quiz in red…
Is It Software? Is It a Service? It Matters for Trademark Registration Purposes
…on the software, and cancelled the registration. The decision is consistent with, and cites, the 2012 Federal Circuit decision in the long-running saga of Lens.com v. 1-800 Contacts. In Lens.com,…
It’s Illegal For Offline Retailers To Collect Email Addresses–Capp v. Nordstrom
…Beats Lawsuit Alleging Violation of California’s “Shine the Light” Privacy Statute — Boorstein v. Men’s Journal * “Electronically Printed” Does not Include Automated Merchant Email — Shlahtichman v. 1-800 Contacts…
eBay Not Liable for Technical Glitch When Seller Doesn’t Set Reserve Price — D’Agostino v. eBay
By Jake McGowan D’Agostino v. eBay, Inc., NO. A–5954–11T4 (N.J. Super. Ct. Sept. 13, 2013) To what extent is eBay liable for “lost profits” when a technical glitch makes a…
2013 Internet Law Syllabus and Casebook Now Online
…General Steel v. Chumley and notes about 1-800 Contacts v. Lens.com, the financial futility of keyword litigation, and Tre Milano. Privacy. I added some definitions from the new COPPA regulations….
Tenth Circuit Kills the Initial Interest Confusion Doctrine–1-800 Contacts v. Lens.com
…in the ad copy. 1-800 Contacts sued Lens.com in 2007. In 2010, the district court destroyed 1-800 Contacts’ arguments, handing Lens.com a complete win. On appeal, the Tenth Circuit upholds…
Suing Over Keyword Advertising Is A Bad Business Decision For Trademark Owners–General Steel v. Chumley (Forbes Cross-Post)
…won summary judgment: J.G. Wentworth v. Settlement Funding (2007); Designer Skin v. S&L Vitamins (2008); 1-800 Contacts v. Lens.com (2010); Montana Camo v. Cabela’s (2011); Jurin v. Google (2012) (note:…
Copyright Trolling Is Really Hard to Do Profitably–Righthaven v. Hoehn
By Eric Goldman Righthaven LLC v. Hoehn, 2013 WL 1908876 (9th Cir. May 9, 2013) It’s been a rough week for copyright trolls. First, Judge Wright destroyed the Prenda Law…
Suing Like It’s 2009: Parts.com Sues Google and Yahoo for Keyword Advertising
…outcome. This lawsuit fits a trend that I’ve mentioned before: trademark owners with crappy trademarks are often unusually pugnacious about enforcing their purported trademark rights. 1-800 Contacts is my premier…