Levi Strauss’s Trademark and Domain Name Claims May Block Unauthorized Resales — Levi Strauss v. Papikian
…terms, but it would be an end run around the fact that trademark law does not permit the trademark owner to control exportation or importation to allow the trademark owner…
Catching Up on 4 Months of Online Copyright Cases–Myxer, Hotfile, Megaupload, Flava Works, Zediva, Blue Nile, Perfect 10, Rojadirecta
…demand market. The presence of Defendants’ service in this market threatens to confuse consumers about video on demand products, and to create incorrect but lasting impressions with consumers about what…
“Recent and Future Developments in Trademark Law” Talk Slides
By Eric Goldman Last month, I spoke with Mark Lemley and Peter Menell at a Silicon Valley IP Law Association dinner event designed to be a “year-in-review” of IP. I…
“App Store” Isn’t Generic, But Apple Can’t Enforce Its Purported Trademark in the Term–Apple v. Amazon
…time has passed. The mark does appear to enjoy widespread recognition, but it is not clear from the evidence whether it is recognition as a trademark or recognition as a…
“Can IP Be Protected in the Internet Age?” Panel Recap from Russian Economic Development Conference
…argument, but I acknowledge Mark Lemley’s recent evangelism of this point). Regulation often creates barriers to entry, in many cases at the request of incumbent players. In contrast, expressly creating…
June 2011 Quick Links, Part 1 (Copyright & Trademark Edition)
…Squad” trademark. A prior blog post on other trademark litigation involving “geek.” * GoForIt Entertainment, LLC v. DigiMedia.com L.P., 2011 WL 2516163 (N.D. Tex. Jun 23, 2011). Plaintiff’s theory that…
George Mason “Law and Economics of Search Engines and Online Advertising” Conference Recap
…French Competition Authority (2010): search advertising is distinct relevant market. Google/Yahoo 2008: search advertising and search syndication are different markets. DoubleClick 2007: search and display are different markets. Damien: 1)…
A Century of Trademark Law: Looking Back and Looking Forward (Notes from my INTA Annual Meeting Talk)
…law isn’t prepared. Commerciality is a Constitutional imperative for trademark law. Perhaps more importantly, most trademark doctrines are designed to correct a specific type of defect in the marketplace. Trademark…
Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. Does
…or services. It’s tough to see how this can amount to trademark infringement or unfair competition under the Lanham Act. In addition to trademark claims, Coventry First also asserts a…
April-May 2011 Quick Links, Part 1 (Trademarks and Advertising Edition)
By Eric Goldman Trademark * Facebook has quite an active trademark docket. – Facebook, Inc. v. Teachbook.com, LLC, 2011 WL 1672464 (N.D.Cal. May 3, 2011). Facebook’s trademark suit against Teachbook…