Shining the Spotlight on Trademark Bullies (a Long-Delayed Recap of a Trademark Scholars Roundtable)
…handled behind closed doors. [UPDATE: Today the PTO released a request for comments on this report. Why is the PTO involved in this process???] 3) At IPSC in Berkeley, I…
Blog Host Can’t Be Bound by TRO for User Posts (Blockowicz redux)–Bobolas v. Does
…intervene in deference to even minimal judicial provocation. In contrast, the Blockowicz conundrum arose only when Ripoff Report declined to honor a default judgment. In any case, seeking a TRO…
Class Action for Misleading Pop-up Ads Against McAfee Survives Motion to Dismiss — Ferrington v. McAfee
…Consumers,” and two similarly themed FTC reports. The court acknowledged that these reports were prepared, but did not take notice of the findings and opinions contained in those reports. Unfair…
September 2010 Quick Links, Part 2
…fake online identities. CA Sen. Joe Simitian’s commentary. * Congress goes after crush animal videos again. * Useful Berkman Center report on the legal regulation of sexting, although not surprisingly…
September 2010 Quick Links, Part 1 (IP Edition)
…blog post. * The Copyright Principles Project, a 3 year effort led by Pam Samuelson, has released its report and recommendations. Trademark * Paris Hilton settles her “That’s Hot” trademark…
Washington Anti-Online Gambling Law Survives Dormant Commerce Clause Challenge — Rousso v. State
…if the site asks the user to report the geography and if the user accurately self-reports. However, a state law requiring websites to ask users to self-report geography governs conduct…
Software Vendor Trumps First Sale Doctrine via License–Vernor v. Autodesk
…is transferred. A 2001 report issued by the Copyright Office which looked at, among other things, first sale in the digital context (“Digital Millennium Copyright Act, Executive Summary“) makes this…
Yelp Wins 47 USC 230 Dismissal of Dentist’s Lawsuit–Reit v. Yelp
…tried without success in several Ripoff Report cases, and the argument fails here as well. Instead, the court (citing the pretty analogous Shiamili case) effectively says that third party content…
July-August 2010 Quick Links, Part 2
…a report on news aggregators. * F.B.T. Productions v. Aftermath Records (9th Cir. Sept. 3, 2010). An interesting opinion with possible implications for the First Sale doctrine as well as…
Ripoff Report Defeats Extortion Claim, But Plaintiffs Keep Trying–AEI v. Xcentric
…reviews that Ripoff Report will not remove plus Ripoff Report’s Corporate Advocacy Program (which offers to help businesses rehabilitate their reputation for a substantial fee) equals extortion, a predicate for…