2H 2020 Quick Links, Part 3 (Trademarks)
…* Mark McKenna, Innovating Trademark Theory, JOTWELL (November 20, 2020) (reviewing Dev Saif Gangjee, Trade Marks and Innovation?, in Trademark Law and Theory II: Reform of Trademark Law (Edward Elgar)….
A Rare Case of a Judge Relying on the Initial Interest Confusion Doctrine (Boo)–Nike v. Warren Lotas
…initial interest confusion. There, the Court analogized the use of another’s trademark in metatags to putting up a billboard with a competitor’s trademark directing potential customers to a store. The…
Twibel Lawsuit Fails–Ganske v. Mensch
…Aug. 20, 2020) Selected Related Posts on Twibel Court Can’t Compel Twitter to Shut Down Trump’s Account Tweet Containing Question Mark Isn’t Defamatory–Boulger v. Woods Twitter Defamation Claim Defeated by…
Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. –Adler v. Reyes & Adler v. McNeil
…keyword ad purchases off the table legally. “The purchase of a competitor’s trademark as a keyword for search-engine advertising, without more, is not sufficient for a claim of trademark infringement.”…
Court Orders Rightsowner to Withdraw DMCA Takedown Notices Sent to Amazon–Beyond Blond v. Heldman
…sued. It appears the rightsowner is claiming copyright and trademark rights in the term “cartoon classics” and an associated logo, both as a word mark and a trademarked and copyrighted…
Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All
…(of what, though?), others are using the mark in commerce, and the trademark owner didn’t show commercial strength of the mark. Actual confusion. The trademark owner pointed to a single…
Print-on-Demand Vendor Doesn’t Qualify for DMCA Safe Harbor–Feingold v. RageOn
…commit direct trademark infringement because it doesn’t “use” the mark. The court explains that “the service fee Redbubble imposes on transactions through its site bears no relation to the price…
The CCPA Proposed Regs’ Data Valuation Calculation Provisions Provide Flexibility, But Raise Ambiguity & Transparency Concerns
…total number of consumers calculation method ignores that data value is contextual. For example, in the context of buying power, billionaire Mark Zuckerberg’s data would understandably be valued differently from…
My Galley by CJR Interview on Trump’s Anti-Section 230 Executive Order
…for success, is a hallmark of the Trump administration and his companies. It’s the Tom Sawyer approach to management. Mathew Ingram Thanks, Eric. In many ways, this seems like an…
2H 2019 and Q1 2020 Quick Links, Part 7 (Content Moderation, Censorship, Defamation, & More)
…Down on Big Tech Is Popular. In the Rest of U.S., Not So Much * NY Post: What conservative voters really think about Silicon Valley * Politico: Inside Mark Zuckerberg’s…