U.S. Supreme Court Upholds Fair Use in Google-Oracle Software Battle (Guest Blog Post)
…fair uses from ordinary derivative uses was to look at market harm: “The market for potential derivative uses includes only those that creators of original works would in general develop…
Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee
…that she would participate virtually at a bridal expo potentially violates the non-compete. Trademark infringement: The trademark infringement claim appears premised on Ms. Gutman’s use of the account “as her…
Are Social Media Services “State Actors” or “Common Carriers”?
…reduction in the diversity of available content. Fewer publication venues available for us to speak. Many content categories will cease to exist. Ex: consumer reviews, online marketplaces, YouTube how-to videos,…
2H 2020 Quick Links, Part 3 (Trademarks)
…* Mark McKenna, Innovating Trademark Theory, JOTWELL (November 20, 2020) (reviewing Dev Saif Gangjee, Trade Marks and Innovation?, in Trademark Law and Theory II: Reform of Trademark Law (Edward Elgar)….
A Rare Case of a Judge Relying on the Initial Interest Confusion Doctrine (Boo)–Nike v. Warren Lotas
…initial interest confusion. There, the Court analogized the use of another’s trademark in metatags to putting up a billboard with a competitor’s trademark directing potential customers to a store. The…
Twibel Lawsuit Fails–Ganske v. Mensch
…Aug. 20, 2020) Selected Related Posts on Twibel Court Can’t Compel Twitter to Shut Down Trump’s Account Tweet Containing Question Mark Isn’t Defamatory–Boulger v. Woods Twitter Defamation Claim Defeated by…
Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. –Adler v. Reyes & Adler v. McNeil
…keyword ad purchases off the table legally. “The purchase of a competitor’s trademark as a keyword for search-engine advertising, without more, is not sufficient for a claim of trademark infringement.”…
Court Orders Rightsowner to Withdraw DMCA Takedown Notices Sent to Amazon–Beyond Blond v. Heldman
…sued. It appears the rightsowner is claiming copyright and trademark rights in the term “cartoon classics” and an associated logo, both as a word mark and a trademarked and copyrighted…
Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All
…(of what, though?), others are using the mark in commerce, and the trademark owner didn’t show commercial strength of the mark. Actual confusion. The trademark owner pointed to a single…
Print-on-Demand Vendor Doesn’t Qualify for DMCA Safe Harbor–Feingold v. RageOn
…commit direct trademark infringement because it doesn’t “use” the mark. The court explains that “the service fee Redbubble imposes on transactions through its site bears no relation to the price…