Buying for the Home v. Humble Abode Settles
…clarified that this rule applies (1) even in terms of internal use of a trademark on a website or in a catalog and (2) even when the marks used are,…
Competitive Keyword Purchase Doesn’t Contribute to Actual Dilution–Nautilus v. Icon
…dilution: Second, plaintiff has failed to evidence that defendant actually used the Bowflex trademark. Plaintiff points to the fact that defendant used the Bowflex mark to advertise its CrossBow products…
Court Reiterates 230 Dismissal–Doe v. Bates
…for child pornography disseminated by members of one of its egroups. At least one member of the egroup (the named defendant, Mark Bates) has gone to jail for his involvement…
Employer Not Liable for Employee’s Threatening Emails Per 47 USC 230–Delfino v. Agilent
…not insulate employers from liability for employee actions because companies can only act through their employees. Yet, this case holds exactly the opposite. As a result, this case may mark…
Click Fraud Panel Nov. 13 at Stanford Law School
…in click-fraud class actions) Prof. Eric Goldman, Santa Clara University School of Law Moderator: Prof. Mark A. Lemley, Stanford Law School To register please click on the following link: http://www.seeuthere.com/event/m2c523-551239580897…
Courts Can’t Figure Out if Buying Keywords Constitutes Trademark Use–Buying for the Home v. Humble Abode
…alleged use of Plaintiff’s mark tied to the promotion of Defendants’ goods and retail services, but the mark was used to provide a computer user with direct access (i.e., a…
Google Wins Lawsuit Over Search Results–Maughan v. Google
By Eric Goldman Maughan v. Google Technology, Inc., 2006 WL 2874791 (Cal. App. Ct. Oct 11, 2006) In 2004, Mark Maughan sued Google over the way that Google crafts the…
Trademark Dilution Revision Act of 2006
…The statute defines a famous mark as being “widely recognized by the general consuming public of the United States.” This should eliminate niche fame, where a mark is famous only…
Nails, Coffins, Spam, and the Dormant Commerce Clause?
…high-water mark for this camp is found in Healy v. The Beer Institute, where the Supreme Court adopted choice bits of language from prior opinions to hold that “A statute…
Barrett v. Rosenthal Oral Argument Recap
…between publishers and republishers. Mark responded with the Donato standard. Werdegar asked if Bolen was the publisher. Mark said yes. Werdegar asked if the plaintiff had a cause of action…