More Kardashian Drama: A Legal Fight Over Ownership of the Kimoji Emoji Set–Liebensohn v. Kardashian (Guest Blog Post)
…the trademark for KIMOJI – listing only Kimsaprincess, Inc. as the sole owner. The complaint alleges one day after filling the KIMOJI trademark, Kardashian West, through her attorney Martin Singer,…
TTAB Denies Trademark Registration for #MagicNumber108 Tagmark–In re DePorter (Guest Blog Post)
…isn’t understood as a mark by the public, usually because it isn’t being used in a mark-like way. Rather than being featured prominently in traditional trademark spots, like on the…
Tweet Containing Question Mark Isn’t Defamatory–Boulger v. Woods
…readers of Woods’s Twitter account would view the tweet as a legitimate question. (Blog post on the district court ruling here: “Twitter Defamation Claim Defeated by a Question Mark–Boulger v….
Top Internet Law Developments of 2018
…year for Internet law. As I tweeted in June: When future historians write the Internet’s history, Spring 2018 will mark the turning point when regulators stopped giving a fuck about…
2H 2018 Quick Links, Part 7 (Content Moderation, Section 230, & More)
…Amac: Recent Podcasts & Articles on Content Moderation * CNN: Complaints prompt Amazon to remove products that are offensive to Muslims Election * New Yorker: Can Mark Zuckerberg Fix Facebook…
Fourth Amendment Limits NYC’s Demands for Airbnb Customer Records
…conjures, underscore the potential far-reaching implications of the City’s position. Implications This case reminds me a lot of the Backpage v. McKenna ruling from 2012. In that case, Washington passed…
2H 2018 Quick Links, Part 4 (Trespass, Contracts)
…that this litigation has generated) into four rough phases of thinking around the critical access question. The first runs through the first decade of scraping litigation, and is marked with…
2H 2018 Quick Links, Part 3 (Keyword Advertising)
…the practice of trademark filing, including ‘trademark attorney’ and ‘trademark lawyers'[,] with copy that misleads consumers into believing that they will be represented by attorneys or at least will provide…
2H 2018 Quick Links, Part 2 (Trademarks)
…Accordingly, the owner of the infringing mark may still improperly benefit from the trademark owner’s goodwill and reputation. Here, if Simms uses the term “Coachella” in the metatags of his…
Your Periodic Reminder That Keyword Ad Lawsuits Are Stupid–Passport Health v. Avance
…one is around to hear it, is it trademark infringement? As a bonus insult, the court denigrates the strength of the “Passport Health” trademark, saying it’s a “conceptually weak” mark….