Google is involved in a lawsuit, now on appeal, with Rosetta Stone about sale of keywords that reflects trademarks. Paul Levy, of the Public Citizen, reviewed Rosetta Stone’s brief and was concerned by the redactions (his concerns discussed here). He succeeded in making public an unredacted copy of the brief available. The unredacted
Tiffany v eBay – Cert Denied
Tiffany’s petition for cert to the Supreme Court re the Second Circuit decision in Tiffany v eBay has been denied. HT to BL for the tip.
Another Advertising Injury Clause Interpretation Case – EDNY
Another case interpreting an advertising injury clause – this time around – “advertising injury caused by offense committed in the course of advertising” arising out of “infringement of copyright, title or slogan.” Insured was accused of various counts of infringement. EDNY (Weinstein, J.): The duty to defend is broader than the duty to indemnify. Carrier
HarperCollins Sues Gawker Over Palin Book Leaks (Text of Complaint)
Coverage here.
An Important Message Regarding Why You Should Register Your Trademarks
The word that he has trouble pronouncing is “intermediaries.”
Pssst, Want To Buy A Trademark?
This is an ad in today’s Times. It advertises an auction in December of ‘timeless trademarks.’ There are some recently defunct names such as INFOSEEK, CHAMPION INTERNATIONAL and SHEARSON as well as some blasts from the past such as BRANIFF, SNOW CROP and a real golden oldie, VICTROLA. The entire list is viewable here.
DJ Against Town of Islip re MACARTHURAIRPORT.COM
The Town of Islip in Long Island owns and operates Macarthur Airport. Plaintiff obtained the domain name MACARTHURAIRPORT.COM in 2000 and put up a website around that time. Check out the official looking Transportation Security Adminstration banners on the top of the page. Check out the very small disclaimer at the very very bottom.
Plaintiff
Power Balance v Microsoft re Trade Dress in XBox Kinect Wristband
Power Balance, specialist in ‘hologram performance technology,’ sues Microsoft, alleging that the wristband in Microsoft’s XBOX KINECT product infringes trade dress of Power Balance wristband.