Just How Egregiously Must a Trademark Plaintiff Act Before a Court Awards Attorneys’ Fees to the Defendant?–1-800 Contacts v. Lens.com

January 19, 2012 · by

…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…

An Update on PhoneDog v. Kravitz, the Employee Twitter Account Case

January 11, 2012 · by

…(NYT) Previous posts: Another Set of Parties Duel Over Social Media Contacts — Eagle v. Sawabeh Employee’s Claims Against Employer for Unauthorized Use of Social Media Accounts Move Forward–Maremont v….

Nov.-Dec. 2011 Quick Links, Part 3

January 4, 2012 · by

…are objectionable. The most popular tweet of 2011? An ad from Wendy’s. * Interesting NAD decision involving Coastal Contacts’ offer of “free” glasses in exchange for Facebook likes. Compare the…

Keyword Advertiser Mostly Defeats Trademark Lawsuit–Scooter Store v. SpinLife

January 4, 2012 · by

…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)

January 3, 2012 · by

…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…

Another Set of Parties Duel Over Social Media Contacts — Eagle v. Sawabeh

December 28, 2011 · by

…the court nor the parties focuses on this. As an afterthought, my instinct is that parties are often misdirecting their energies with fights over “who owns contacts.” Contacts are personal,…

Court Awards Damages for Wrongful Disruption of Web Presence — Ordonez v. Icon Sky Holdings

November 22, 2011 · by

…networks, George also demanded that other website take down content which plaintiff had put up. The court found that Ordonez was damaged because her business contacts “discontinued showcasing plaintiff on…

Righthaven Hit With Another Fee/Cost Award, This Time Nearly $120k–Righthaven v. DiBiase

October 27, 2011 · by

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.

October 27, 2011 · by

[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…

Q3 2011 Quick Links, Part 2 (Trademarks/Domain Names Edition)

October 11, 2011 · by

…that Defendant lures its customers away: it argues instead that Plaintiff has a harder time making business contacts because the contacts believe the Plaintiff is the Defendant. Thus, this case…