More on BitTorrent and Grokster
Mark Schultz Ernest Miller notes that I should address the new trackerless BitTorrent and BitTorrent search created by Cohen. He was right. So, here goes. As Wired News reported a…
Important 2d Circuit Adware Case–1-800 Contacts v. WhenU
…infringement liability, all other aspects of the trademark case (likelihood of confusion, defenses) were moot. In other words, if the plaintiff can’t establish trademark use, then trademark infringement defendants are…
What Happens to BitTorrent After Grokster?
By Mark Schultz, Assistant Professor, Southern Illinois School of Law Thanks to Eric for the chance to guest blog here. And congratulations to Eric for predicting the decision right. He…
Guest Blogger–Mark Schultz
I’m pleased to introduce Mark Schultz as a guest blogger. Mark is a law professor at Southern Illinois University, where he teaches intellectual property courses and legal ethics. Prior to…
Grokster Ruling Commentary
…their marketing. I remember Apple’s marketing from a while back of “Rip. Mix. Burn.” I think a marketing message like that from an MP3-only device could be intensely problematic. *…
My Take on Google v. American Blinds
…summer paper will address the issue of “trademark adjacency”—when do adjacent uses of a trademark create liability? There are some interesting precedent from the supermarket context where, in fact, adjacency…
2005 Pew Report on Spam
…every new marketing medium. A new marketing medium develops, marketers abuse the medium, consumers and technologists develop coping strategies, and an equilibrium is established. This has happened with spam, this…
Bosley Medical Institute v. Kremer–Victory for Gripers
Bosley Medical Institute v. Kremer, No. 04-55962, 9th Cir. Apr. 4, 2005. Kremer launches gripe site at www.bosleymedical.com, using the trademark of his target (with no additional words/letters) in the…
Utah Amends Spyware Control Act
…to a specific trademark or URL, (2) that infringes a registered state or federal trademark, and (3) for an advertiser who is not one of six classes of permitted purchasers…
ZoomInfo and Egosurfing
…markets”, and the article says that “the free “people search” option aims to draw new visitors to the site and build the company’s reputation, thereby boosting subscription sales.” Whatever the…