Google Sued in Domainer Lawsuit–Vulcan Golf v. Google
…rare for good reason– trademark owners must establish the validity of their marks, the famousness of their marks (for dilution) and the similarity between their marks and the defendants’ usage….
Ninth Circuit Screws Up 47 USC 230–Fair Housing Council v. Roommates.com
…this case will be used by all who seek to limit Section 230’s broad immunity for ISPs. Whether the case constitutes a high-water mark for limitations on that liability, or…
Broad Matching Doesn’t Violate Injunction–Rhino Sports v. Sport Court
…business.” In 2002, Sport Court went after Rhino Sports for trademark infringement, and about 4 years ago, the parties settled the matter and agreed to a permanent injunction restricting Rhino…
Academic Debate over Trademark Use in Commerce
…founded are likely to degenerate. We show that trademark use theorists ignores the multivalence of trademark law, and that adopting trademark use doctrines would result in less transparent trademark decisionmaking….
Google Sued for Defamatory Search Result–RSA Enterprises v. Bad Business Bureau
…relief? (See the New Jersey page on the California Anti-SLAPP Project, and note that Google got anti-SLAPP relief in a similar CA case involving Mark Maughan). With any luck, this…
Keyword Advertising as Corporate Identity Theft—Sen. Eastman Defends New Utah Law Banning Keyword Advertising
…analogizing competitive keyword advertising to “carjacking” someone’s trademark (should we call this “markjacking”?) and suggesting that searchers presented with a comparative ad are being “shanghaied by a pirate.” These chosen…
Utah Bans Keyword Advertising [Updated]
…merge it with trademark law. These amendments effectively eviscerated the law because, as amended, the law required plaintiffs to establish that keyword advertising via adware made a trademark use in…
Consumer-Directed DVR Service Infringes Copyright–20th Century Fox v. Cablevision
…this case: * Mark Cuban thinks the copyright owners made a mistake shutting down this service because the cable companies pay copyright owners for broadcasting their content, unlike other DVR…
Bay Area Blawgers Get-Together, March 28, 6-8 pm
…Colin Samuels, Erik Schmidt of SCU, Jason Schultz of EFF, Mark Smith of SCU, John Steele of Fish & Richardson, Transmogriflaw, Kevin Underhill of Shook Hardy, and Colette Vogele. Other…
February 2007 Quick Links
…of $10M compensatory damages and $10M punitive damages. * Digg users may mark content they don’t agree with as “spam.” The most recent example is Danny Sullivan’s post on SEO,…