Just How Egregiously Must a Trademark Plaintiff Act Before a Court Awards Attorneys’ Fees to the Defendant?–1-800 Contacts v. Lens.com
…harsh words for 1-800 Contacts, including calling 1-800 Contacts’ behavior “troubling” and specifically referencing its hypocrisy for suing over behavior it had itself engaged in. The court also says “1-800…
Keyword Advertiser Mostly Defeats Trademark Lawsuit–Scooter Store v. SpinLife
…clicks. – 1-800 Contacts v. Lens.com. 1-800 Contacts spent no less than $650k (and was willing to spend $1.1M) to pursue Lens.com, which made $20 of profit from competitive keyword…
Nov.-Dec. 2011 Quick Links, Part 2 (Extended IP Edition)
…The court denies 1-800 Contacts’ motion for post-judgment relief based on newly discovered evidence. This case could be a textbook case of trademark bullying–remember, 1-800 Contacts has spent well over…
Righthaven Hit With Another Fee/Cost Award, This Time Nearly $120k–Righthaven v. DiBiase
By Eric Goldman Righthaven LLC v. DiBiase, 2011 WL 5101938 (D. Nev. Oct. 26, 2011) There’s really not much to say about this one. In a brief opinion that speaks…
In Hannaford Data Breach Case, First Circuit Says Card Replacement and ID Theft Insurance are Reasonable Mitigation Damages and Compensable–Anderson v. Hannaford Bros.
[Post by Venkat Balasubramani] Anderson v. Hannaford Brothers Co., 10-2384; 2450 (1st Cir. Oct. 20, 2011) Background: Plaintiffs sued Hannaford based on a massive data breach in 2007. In this…
Colorado Judge Drills Righthaven and Awards Attorneys’ Fees–Righthaven v. Wolf
By Eric Goldman Righthaven LLC v. Wolf, 1:11-cv-00830-JLK (D. Colo. Sept. 27, 2011) Another judge, this time in Colorado, issued another stinging rebuke to Righthaven. This time it was Judge…
Gilbert Arenas’ Tweets Sinks His Motion to Enjoin “The Basketball Wives” — Arenas v. Shed Media
…is not something a celebrity can prevent by asserting his or her personality rights. Arenas’ trademark claims seemed fairly weak, and while it’s not quite on par with the 1-800…
Resetting the Righthaven Fiasco (July-August 2011 Quick Links, Part 1)
By Eric Goldman The Righthaven empire is in tatters. It hasn’t expanded its inventory of cases for months (no new cases in July or August); its existing inventory of cases…
Newspaper’s Discussion About Trademark Owner Protected as Nominative Use–1 800 GET THIN v. Hiltzik
By Eric Goldman 1 800 GET THIN v. Hiltzik, 2:11-cv-00505-ODW -E (C.D. Cal. July 25, 2011) I’m sure any trademark experts reading this post are scratching their heads at the…
Ninth Circuit Reconsiders SEO-Destroying Injunction Against DMV.Org–TrafficSchool v. EDriver (Joint Blog Post)
By Rebecca Tushnet and Eric Goldman TrafficSchool.com, Inc. v. Edriver Inc., 2011 WL 3198226 (9th Cir. July 28, 2011) [Over the years, Rebecca and I have blogged dozens of the…