Splitting with the Ninth Circuit in the GoPets case, the 11th Circuit has deemed a re-registration of a domain name to be a new registration for purposes of ACPA. The significance is that ACPA has a trademark priority prerequisite (at least that’s how I read it) that might be met if a re-registration is
2015
SuperDad T-Shirt not Parody of Superman Shield Mark (on 12b6)
We Prevailed in a Summary Judgment Motion – ACPA and Dilution – SDNY
We won a motion for summary judgment that dismissed all claims against our client. It’s a 77 page decision, with extensive discussion of cross-motions to strike.
Defendant NameMedia owns and administers large portfolios of domain names, which it monetizes through advertising, brokerage, and sales. It registered the domain name NewWorldSolutions.com in 2005.
Plaintiff New World…
Text of BMG v. COX COMMUNICATIONS, DC ED Virginia
Copyright owner BMG may proceed to trial to determine if ISP Cox has contributory and/or vicarious liability arising form Cox’ users’ peer-to-peer file sharing activity.
Discussion of what constitutes a ‘repeat-infringer’ policy.
Commentary here.
Display Works v Pinnacle Exhibits: Informal Statements to Customers Actionable Under 43(a)(1)(B)
Display Works v Pinnacle Exhibits, D Maryland 2015: Motion to dismiss false advertising cause denied. Plaintiff had properly pled that informal statements made to by defendan t to customers were suffuciently disseminated so as to constitute promotional statements potentially actionable under 43(a)(1)(B).
A Solicitation I Received for Legal Services from LegalForce Trademarkia
I received the email reproduced below soliciting the use of LegalForce Trademarkia’s law services to obtain a design patent, probably because I am the corresponding attorney for a US registration covering the trademark referred to in the email’s subject heading.
There is some murk in the email as to who is soliciting who’s services. The…
Texas A&M v Indianapolis Colts re Use of 12th MAN
NY Class Action Against ‘Over-sized’ Bottles of TIDE Detergent and Bleach
Lead plaintiff in class action purchased the 92 fluid ounce and 138 fluid ounce bottles of TIDE PLUS BLEACH. The opaque bottles were ‘over-sized’ and did not accurately reflect the volume of detergent. Proctor &^ Gamble ‘routinely employed deceptive packaging containing excessive empty space to mislead consumers into believing they were receiving more laundry…
John Oliver on Daily Fantasy Sports
Text of Decision re Trade Dress in PRILOSEC and NEXIUM Purple Pill
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