Lady Gaga is performing at Madison Square Garden in NY on July 6,7 and 9 and February 21 and 22. Her trademark representatives beliieve that bootleg merchandise will be sold at these shows, and have filed a ‘John Doe trademark complaint.’ John Doe actions are interesting as they represent an exception to the law’s antipathy
June 2010
Important Decision: Gucci Pleads Good Contributory Infringement Action Against Credit-Card Processors
This is an important SDNY decision. Gucci sued companies that process credit card transactions for ‘replica’ websites. On 12(B)(6) motion, Court holds:
Gucci can proceed with its action against Defendants if it can show that they (1) intentionally induced the website to infringe through the sale of counterfeit goods or (2) knowingly supplied services to
…
Whether Pork or Unicorns Are The New White Meat
A new one for the Coulrophobia archives:
ThingGeek: Officially our best-ever cease and desist. Pork Board sells c&d to ‘unicorn meat’ vendor for using the slogan ‘the white meat.’
In ThinkGeek’s press release, it notes that the product was released April1. It has also been reported that unicorns are mythical.
SOTHEBY’S v SOTHEBY’S MOVING AND STORAGE
Sotheby’s has a real estate brokerage operation in addition to its famous auction house.
Complaint Sotheby Moving
New gTLD Draft Applicant Guidebook, v 4 and “An Economic Framework for the Analysis of gTLDs”
In anticipation of next week’s meeting in Brussels, ICANN has released a fourth draft of the Applicant Guidebook that describes the process of applying for new generic top level domains.
It has also released “An Economic Framemark for the Analysis of the Expansion of Generic Top-Level Domain Names” which concludes that either good and/or bad…
THUGPORN and TIGER TYSON v THUGBOY and TYSON
Pile On – EMI v LimeWire
Citing the Arista decision in the complaint, EMI and others sue LimeWire.
Complaint Emi v Limewire Copyright
Reckless But Not Unreasonable Re Copyright Defenses
Defendant recording studio, Reckless Music, LLC, attempted to defend itself against copyright infringement by arguing that the studio engineer who copied plaintiff’s software without authorization, was an independent contractor. It was found liable on a vicarious liability theory but costs and fees were not awarded agaisnt it because its defense was not unreasonable, under Fogerty…
Personal Jurisdiction Question in Internet Copyright Case Certified to NY Court of Appeals
In a copyright action involving works uploaded to the Internet, does New York jursidiction lie over an out-of-state defendant with no contacts with New York, if, inter alia, the defendant is alleged to have committed a tortious act outside the State that caused, and reasonably should have been expected by the putative defendant to cause,…
Today Is Bloomsday
Stately, plump Buck Mulligan came from the stairhead, bearing a bowl of lather on which a mirror and a razor lay crossed.
There, you’ve started Ulysses. You’ve gotten this far, might as well finish it.
Bloomsday activities in NY here.