UMG v. Shelter Capital: A Cautionary Tale of Rightsowner Overzealousness
…dicta in Tiffany v. eBay about “willful blindness,” which trademark plaintiffs have already started to mine. Trying to scrounge for any angle, I’m sure copyright plaintiffs will start digging around…
Trademark Lawsuit Against Groupon Isn’t Going Well–Groupion v. Groupon
…other B2C. * mark strength. The court says “Groupion” is weak because others are using similar marks in its field and Groupion didn’t show evidence of the mark’s commercial strength….
Facebook Settles With the FTC — In re Facebook, Inc.
[Post by Venkat Balasubramani, with comments from Eric] In re Facebook, Inc. (Nov. 29, 2011) (Settlement & Proposed Consent Decree [pdf]) (Mark Zuckerberg’s blog post) The FTC announced its long-rumored…
Court Awards Damages for Wrongful Disruption of Web Presence — Ordonez v. Icon Sky Holdings
…the mark: As far as which of the two parties should be entitled to use the ELIZABETH SKY mark, the facts were pretty unfavorable to George and Icon Sky. Ordonez…
Australian Court Says Google Isn’t Liable for Advertiser’s Misleading Ad–ACCC v. Trading Post (Guest Blog Post)
…2011) [Eric’s introduction: Mark Bender is a business law lecturer at Monash University in Australia and an expert in Australian online trademark law. When this opinion came out in September,…
October 2011 Quick Links
…harbor protection for activities that occur “by reason of . . . storage at the direction of a user” under § 512(c)(1). Mark Lemley on Viacom v. YouTube. * Mick…
Notes from HTLI Conference on Defending Against Patent Risk
…to stick together. Michael McCoy (Appsterdam) European software developers are being approached by patent trolls. Some developers are considering avoiding the US market—it’s only 25% of the market for some…
Q3 2011 Quick Links, Part 2 (Trademarks/Domain Names Edition)
…of trademark law–expanded significantly by big trademark owners…like Coca-Cola–that I wouldn’t rule anything out. Yuck yuck yuck. * Mark McKenna, Probabilistic Knowledge of Third-Party Trademark Infringement, Stanford Technology Law Review…
Recommended Books on Business Decision-Making Using Intellectual Property?
…UPDATE: Recommendations in response to this post: John Palfrey, Intellectual Property Strategy Mark Blaxill and Ralph Eckardt, The Invisible Edge: Taking Your Strategy to the Next Level Using Intellectual Property…
Re-registration of Domain Name is not a “Registration” Under the ACPA — GoPets Ltd. v. Hise
…“virtual pets that move between the computers of registered users.” GoPets filed an application to register the “GoPets” mark in 2004 and the registration issued in 2006. Starting in 2004,…