Another Google AdWords Advertiser Avoids Trademark Liability–Whipple v. Brigman
…“nascar shuttle,” and “Charlotte NC tour.” The court responds poorly to the plaintiff’s arguments, saying that the plaintiff overclaims its trademark ownership (1) by asserting rights in the NASCAR mark…
Revisiting the Ninth Circuit’s 1979 AMF v. Sleekcraft Case Post-Remand (Guest Blog Post)
…of the likelihood of confusion multi-factor test. The test prescribes that a court look to: (1) strength of the mark; (2) proximity of the goods; (3) similarity of the marks;…
State Laws Restricting Social Media Use by Sex Offenders Are Failing in Court
…than enough to mark a trend. Legislatures are rightly concerned with online sex offenses, but are taking the blunt instrument approach to regulating the online activities of sex offenders. Courts…
Are Google Search Results Good Proxies for Secondary Meaning in Trademark Law?
…trademark cases and contemporaneous search results, I argue that Google can generally capture both prongs of the test for trademark strength: if a mark is strong — either inherently distinctive…
How to Fix Software Patents (Forbes Cross-Post)
…of an identical trademark does not contribute to trademark infringement However, intent to copy a third party trademark is a factor that weighs against defendants, and proving good intent goes…
Useful Article on the First Sale Doctrine in Trademark Law (Guest Blog Post)
…the courts, mark owners have become increasingly aggressive in policing their marks, often relying on spurious claims of trademark infringement. Specifically, mark owners will claim that the reseller is causing…
How Long Does a Post-Mortem Right of Publicity Last?–Hebrew University v. GM (Guest Blog Post)
…Hebrew University, its licensees, and others) that use Einstein’s name as a mark. Third, it is possible that some states with a longer post-mortem duration will apply a choice-of-law rule…
Q3 2012 Quick Links, Part 1 (Trademarks/Domain Names, Patents, Trade Secrets)
…1-800 Contacts (Fed. Cir. Aug. 3, 2012): “LENS mark is used only in connection with the sale and transportation of contact lenses via the Internet. Although the ordering service is…
Marilyn Monroe’s Image is Cast Into the Public Domain — Sort Of (Guest Blog Post)
…and services. Anyone selling similar goods and services will likely face a trademark or unfair competition claim under the Lanham Act. Indeed, if the mark “Marilyn Monroe” is deemed to…
Do You Think Software Patents Are a Problem? Then Come to This Conference, SCU, Nov. 16
…experts will present their favored proposal–legislative, administrative, judicial, or market-based–to redress the problems with software patents. We’ll have experts on the panels to help critique the proposals. To further extend…