Union Organizers’ Activist/Gripe Sites Don’t Support Trademark Claims–Cintas v. Unite Here
…of intentional deception. The trademark dilution claim fails for a lack of requisite use in commerce (this theory could have helped dismiss the trademark infringement claim too, but the court…
Utah Trying to Regulate Keyword Advertising….Again!? Utah HB 450
…the ear of the apparently pliable Utah legislature. The Proposed Law The 2004-05 laws banned trademark-triggered pop-up ads triggered by adware. The 2007 law allowed trademark owners to register their…
Domaining Registrar Defeats Cybersquatting Lawsuit–Philbrick v. eNom
…trademark infringement. Anti-Cybersquatting Consumer Protection Act (ACPA) and Trademark The court sidesteps the complexities associated with the domain name registrar safe harbor when applied to a registrar holding the domain…
Web Host Faces Potential Contributory Trademark Liability–Louis Vuitton v. Akanoc
…because just about every web host could satisfy this test. Contributory Trademark Infringement The court references the contributory trademark infringement standard from the Ninth Circuit’s 1999 Lockheed v. Network Solutions…
Cautionary Tale of Website Co-Ownership–Mikhlyn v. Bove
…websites under the “ABC” brand (including domain names and the website design/text–Ana obtained a (contested, of course) copyright registration for the latter), an eBay storefront, a registered trademark in “ThreaDelight”…
Vulcan Golf v. Google Class Certification Denied
…of their marks, the famousness of their marks (for dilution) and the similarity between their marks and the defendants’ usage. These are all intensely fact-specific questions; none of which seem…
Blockshopper Request to Dismiss Jones Day Lawsuit Denied
…of the mark under the revised dilution law. With all of these obvious problems, this should be an easy defense win…right? Unfortunately, trademark law is so completely broken that it…
Just who is an Internet access service provider under CAN-SPAM?
…email recipients to bring suit under state laws, and both actual and exaggerated instances of ‘professional plaintiffs’ bringing questionable suits against email marketers, many business and marketing lobbyists were eager…
September 2008 Quick Links, Part 3
…Aug. 12, 2008). Upholding the consequential damages waiver in PayPal’s user agreement. * A company’s failure in the marketplace can drive up the value of its collectibles on eBay. Google…
Delayed Enforcement Blocks Domain Name Lawsuit–Southern Grouts v. 3M
…if it won in court. What was the plaintiff thinking? Background 3M and SGM compete in the field of “quartz aggregate products for surface finishes.” SGM has a federal trademark…