47 USC 230 Retrospective Conference Recap

March 21, 2011 · by

…try to shoehorn defamation into copyright complaints. Twitter now sends its received takedowns to Chilling Effects. Laurence: unhappy businesses try to assert copyright in business listing or trademark in name…

Jury Awards Damages Against Web Designer/SEO/Host on Contributory Trademark Infringement Theory–Roger Cleveland v. Prince

March 16, 2011 · by

…case where contributory trademark infringement has been found online without so much as a takedown notice. I disagree that this portends a new era of secondary trademark liability; instead, I…

Social Search Services Duel Over “Post Post” Mark — Boathouse Group v. TigerLogic

March 11, 2011 · by

…was sufficient to establish trademark rights. TigerLogic argued that Boathouse failed to achieve significant traction in the market and that Boathouse used its search product internally (for its existing clients),…

Important Ninth Circuit Ruling on Keyword Advertising, Plus Recaps of the Past 4 Months of Keyword Ad Decisions

March 9, 2011 · by

…purchased the trademark owner’s trademark as keywords (at both Google AdWords and Bing) for comparative advertising. Thus, this case deals with a nice, clean example of comparative competitive keyword advertising….

Stanford Technology Law Review Symposium on Secondary IP Liability

March 8, 2011 · by

…probably not a casual seller of personal used good. Mark McKenna Secondary trademark liability rules don’t necessarily derive from the common law of torts. Traditionally, torts had three categories of…

Savvy Louisiana Ruling on Metatags–Southern Snow v. Snowizard

February 24, 2011 · by

…argument: “SnoWizard retorts that the cases applying Brookfield Communications recognize that the defendant’s use of the plaintiff’s mark in website metatags creates initial interest confusion and therefore constitutes trademark infringement…

Top 5 Cyberlaw Developments of 2010, Plus a 2010 Year-in-Review

January 27, 2011 · by

…in its Rosetta Stone AdWords trademark case (and, as mentioned before, the YouTube case as well). Most of the other trademark plaintiffs lost or simply gave up. * Legally, it…

The Next Digital Decade Book Launch and Event Recap

January 21, 2011 · by

…articles that have no market value. In contrast, Keen is a paid author and therefore guided by market forces. Keen wants to defend a professional creative class. He is interested…

Court Allows Microsoft’s Claims for Contributory Cybersquatting and Dilution to Move Forward — Microsoft v. Shah

January 19, 2011 · by

…and contributory trademark dilution. The court’s discussion of the background facts is brief (I’ve uploaded Microsoft’s amended complaint to Scribd, which you can access here): Defendants are alleged to have…

Court Approves TD Ameritrade Data Breach Settlement — In re TD Ameritrade

January 11, 2011 · by

…LLP, Scott A Kamber and Ethan Mark Preston (“Kamber et al”) as lead counsel. Doc #93 at 10. As the certification was provisional and preliminary to final approval, denial of…