Academic Debate over Trademark Use in Commerce
…founded are likely to degenerate. We show that trademark use theorists ignores the multivalence of trademark law, and that adopting trademark use doctrines would result in less transparent trademark decisionmaking….
Google Sued for Defamatory Search Result–RSA Enterprises v. Bad Business Bureau
…relief? (See the New Jersey page on the California Anti-SLAPP Project, and note that Google got anti-SLAPP relief in a similar CA case involving Mark Maughan). With any luck, this…
Keyword Advertising as Corporate Identity Theft—Sen. Eastman Defends New Utah Law Banning Keyword Advertising
…analogizing competitive keyword advertising to “carjacking” someone’s trademark (should we call this “markjacking”?) and suggesting that searchers presented with a comparative ad are being “shanghaied by a pirate.” These chosen…
Utah Bans Keyword Advertising [Updated]
…merge it with trademark law. These amendments effectively eviscerated the law because, as amended, the law required plaintiffs to establish that keyword advertising via adware made a trademark use in…
Consumer-Directed DVR Service Infringes Copyright–20th Century Fox v. Cablevision
By Eric Goldman Twentieth Century Fox Films Corp. v. Cablevision Systems Corp., No. 06-Civ. 03390 (SDNY March 22, 2007) Not infrequently, copyright defendants argue that they are offering a service…
Bay Area Blawgers Get-Together, March 28, 6-8 pm
…Colin Samuels, Erik Schmidt of SCU, Jason Schultz of EFF, Mark Smith of SCU, John Steele of Fish & Richardson, Transmogriflaw, Kevin Underhill of Shook Hardy, and Colette Vogele. Other…
February 2007 Quick Links
…of $10M compensatory damages and $10M punitive damages. * Digg users may mark content they don’t agree with as “spam.” The most recent example is Danny Sullivan’s post on SEO,…
Buying for the Home v. Humble Abode Settles
…clarified that this rule applies (1) even in terms of internal use of a trademark on a website or in a catalog and (2) even when the marks used are,…
Competitive Keyword Purchase Doesn’t Contribute to Actual Dilution–Nautilus v. Icon
…dilution: Second, plaintiff has failed to evidence that defendant actually used the Bowflex trademark. Plaintiff points to the fact that defendant used the Bowflex mark to advertise its CrossBow products…
Court Reiterates 230 Dismissal–Doe v. Bates
…for child pornography disseminated by members of one of its egroups. At least one member of the egroup (the named defendant, Mark Bates) has gone to jail for his involvement…