COVID Jawboning Lawsuit Dismissed (For Now)–Dressen v. Flaherty
…Facebook will subvert its editorial authority to please those in power. (As Techdirt said, “Mark Zuckerberg folded like a cheap card table”). Thus, the court’s credulous citation of Zuckerberg’s statement…
Challenge to Maryland’s “Kid Code” Survives Motion to Dismiss–NetChoice v. Brown
…& More) Backpage Gets TRO Against Washington Law Attempting to Bypass Section 230–Backpage v. McKenna MySpace Wins Another 47 USC 230 Case Over Sexual Assaults of Users–Doe II v. MySpace…
The Initial Interest Confusion Doctrine Refuses to Die
…defendant’s repeated and verbatim use of the LoanStreet mark, we agree. Despite the fact that defendant’s advertisements contained language critical of LoanStreet, the advertisements clearly displayed plaintiff’s mark, referring in…
‘Initial Interest Confusion’ Is More of a Vibe Than a Credible Legal Doctrine–Penn State v. Vintage Brand
(click for the animation) This is a merchandise “counterfeiting” case. In a prior ruling in this case, a “jury determined that Defendants had willfully violated Penn State’s trademark and awarded…
SAD Scheme Cases Are a Cesspool of IP Owner Overreaches–Nike v. Quanzhou Yiyi Shoe Industry
…of retro Jordans, which have nothing to do with the LEBRON mark. Wait, what? Nike is trying to leverage an alleged existing violation of one mark to preemptively enjoin the…
My Testimony Against Mandatory Online Age Authentication
…Law Trying to Combat Online Prostitution Ads (Forbes Cross-Post & More) Backpage Gets TRO Against Washington Law Attempting to Bypass Section 230–Backpage v. McKenna MySpace Wins Another 47 USC 230…
Court Rejects Schedule A Claims Against Sellers of Compatible Parts/Accessories (Cross-Post)
…Leave You Angry If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants My Declaration Identifying Emoji Co. GmbH as a Possible Trademark Troll…
Internet Access Providers Aren’t Bound by DMCA Unmasking Subpoenas–In re Cox
…so that there is no legitimate source to consume the content at all. (See Prof. Mark Lemley’s discussion of that topic). The continued vitality of BitTorrent highlights why copyright owners…
Judge Kness: the SAD Scheme “Should No Longer Be Perpetuated in Its Present Form”–Eicher Motors v. Schedule A Defendants
…Leave You Angry If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants My Declaration Identifying Emoji Co. GmbH as a Possible Trademark Troll…
Lawsuits Over Competitive Keyword Advertising Are Still Stupid–NRRM v. American Dream Auto Protect
…engage with the standards they articulated, which would have instantly doomed this case. Secondary Trademark Infringement The court dismisses the secondary trademark infringement claims. The complaint doesn’t sufficiently allege an…