July-August 2010 Quick Links, Part 2
By Eric Goldman IP * As expected, Rosetta Stone appealed its trademark loss against Google. My previous blog post. * Reality Blurred successfully counternoticed to overcome CBS’s DMCA takedown notice…
Selling Replacement Supplies Could Constitute Contributory Trademark Infringement–Georgia Pacific v. Von Drehle (Guest Blog Post)
by guest blogger Mark Bartholomew [Eric’s introduction: Mark is a law professor at the University of Buffalo. He has written several articles on secondary copyright and trademark infringement. See his…
9th Cir. Smacks Down AOL’s Advertising.com Trademark as Likely Generic — Advertise.com v. AOL
…likely generic for internet advertising services. Background: AOL owned trademark registrations for ADVERTISING.COM, and brought trademark claims against Advertise.com. The district court found AOL’s mark to be descriptive (and thus…
Google Gets Complete Win in Rosetta Stone Case
…user’s query.” This is correct, of course, but doctrinally I think this conclusion better fits into a doctrinal conclusion that Google isn’t using the trademark as a mark. (See more…
Yet Another TM Owner Gives Up Against Google–Ezzo v. Google
…that Google has successfully whittled the pending AdWords trademark cases down to five from a high water mark of a dozen–an impressive display of litigation skill and financial wherewithal. The…
Funky Ninth Circuit Opinion on Domain Names and Nominative Use–Toyota v. Tabari
…in trademark.com into their web browser address bar—an assumption that has grown dicier with the rise of omniboxes. 2) “Sites like trademark-USA.com, trademark-of-glendale.com or e-trademark.com will also generally suggest sponsorship…
Puzzling 9th Circuit Dilution Opinion Over eVisa.com–Visa v. JSL
…for the blurring analysis. Visa the trademark can’t co-opt the existing dictionary meanings. So does dilution-by-blurring mean that Visa the trademark can preempt every non-dictionary commercial use of the word?…
Must-Read Empirical Study of 47 USC 230 Jurisprudence by David Ardia
…230 celebration on March 4, 2011, where I hope we will discuss cutting-edge research on 230 like this paper. More details to come, but mark your calendar now. If you…
My OECD Position Paper Lauding 47 USC 230 (OECD Project on Internet Intermediaries, Part 1)
…quantity and quality of reputational information available to help consumers make their marketplace decisions. As a result, 230’s liability immunity strengthens the marketplace’s ability to reward good producers and punish…
A First Look by Tom McCarthy at the Sixth Circuit’s 2010 Victoria’s Secret Tarnishment Decision [Guest Blog Post]
…a hard edged rule that no one can use a “famous” mark (or one so similar that there is an “association”) as a mark for any product or service that…