Federal Trade Secret Bill Re-Introduced–And It’s Still Troublesome (Guest Blog Post)
…need of trade secret owners to prove actual harm is preserved. However, if it means something less than actual harm, the new DTSA would mark a significant and unwarranted departure…
What’s Worse Than Cleaning Up A Meth Lab? A Trademark Injunction Against Using “Meth Lab Cleanup” In Metatags
…lawsuit between the parties resulted in a confidential 2011 settlement agreement. The defendant agreed not to use the trademark or colorable variations “in connection with any trademark, service mark, trade…
Troubling Trademark Ruling Over Amazon’s Internal Search Results–MTM v. Amazon (Forbes Cross-Post)
…advertising law, the majority accepted it as a trademark case and used the initial interest confusion doctrine to bridge between trademark law and false advertising law. By contorting trademark law…
Confusion From Competitive Keyword Advertising? Fuhgeddaboudit
…has strong marks, so this factor weighs in favor of the trademark owner. * Mark similarity. The court says “AFA’s ad has a strongly similar aesthetic to that of the…
Burlap Flower Wraps Aren’t Protectable Trade Dress–Farmgirl v. Bloom That
…markets, but the first mover tends to be unhappy about such competition especially after they’ve validated market demand for the feature. Consistent with this, Farmgirl claimed that coffee burlaps sacks…
More Section 230 Cases Than I Can Handle!
…for their marketplaces. The opinion goes on to talk about the 1114(2)(B) trademark safe harbor for innocent printers and publishers. We rarely see interpretations of that statute, but sadly, the…
Q4 2014 & Q1 2015 Quick Links Part 5 (Trademarks, Domain Names, Marketing)
…operate within the same space. Related article on how search engines create meaning in trademark law. * Rebecca: Trademark overreach of the day: ICE says “Yankees Suck” infringes * And…
Another Competitive Keyword Advertising Lawsuit Fails–Infogroup v. DatabaseLLC
…as various marketing overclaims that relate to the companies’ common history. Defendants bought plaintiffs’ trademarks as AdWords. Like most recent cases, the trademark claims go nowhere (some cites omitted): Infogroup…
Q4 2014 & Q1 2015 Quick Links Part 1 (Privacy/Security)
…Hill: President Obama’s cyber pitch misses mark in Silicon Valley * Techdirt: Congressional Rep. John Carter Discovers Encryption; Worries It May One Day Be Used On Computers To Protect Your…
Online Dating App Grindr Isn’t Liable For Underage ‘Threesome’ (Forbes Cross-Post)
…aren’t perfect? As a recent case involving Grindr shows, the answer is nothing. Grindr is an online dating app catering to “gay, bi and curious guys.” Through Grindr, Mark LeMunyon,…