Geo Targeting is the method of determining the location of a website visitor and delivering different content to that visitor based on that location. Today I saw an ad the headline of which was “Housewife From [location of my ISP] Loses 47 Pounds Drinking Acai Berry Juice!” and the copy of which referred to ‘Jane
2010
Text Of “Visual Artists’ Complaint Against Google
Coverage here.
complaint asmp v google
Easter Monday Is ‘Civility Among Lawyers’ Day
Background here. How will you honor this annual event today?
Discuss This Post-Tiffany/eBay Fact pattern
Assume Lockheed owns an incontestable registration for SKUNKWORKS. Lockheed sends cease and desist letter to registry alleging that SKUNKWORKS.COM is being used to infringe its trademark. Registry refuses to de-activate site. Lockheed sues in 2d Circuit and not 9th, so don’t discuss Lockheed v NSI (the SKUNKWORKS case).
2d Circuit Affirms Dismissal of Infringement Cause, Remands False Advertisement, Against eBay in Tiffany case (Text of Decision)
District Court dismissal of direct and contributory infringement by eBay affirmed, dismissal of false advertising vacated and remanded back.
Very very quick summary after one quick reading: eBay has ‘general knowledge’ that for its Tiffany listings, some unknown percentage was counterfeit (not 95% but not zero). However, it doesn’t specifically know whether any particular listing…
Sleeve Face
4th Circuit: Can State Courts Decide What Might Be Lanham Act Claims?
Defendant sues plaintiff in Virginia state court for defamation and ‘common law’ trademark infringement. It is contested whether a Lanham Act claim was made. Plaintiff brings DJ action in fed. court, fed, court remands back to state court. 4th Circuit concedes that there is jurisdiction in fed court but jurisdiction here under the DJ Act…
Small Dispute: BATTLE FOAM v FOAM CORPS For Storing Miniatures
No market sector too small for a trademark dispute. BATTLE FOAM v FOAM CORPS for laser cut foam for storing and carrying miniature toy figures. Trade secret theft alleged as well.
Complaint Battle Foam v Foam Corps
We’re Looking For A Mid-Level TM/(c) Litigation Associate
Experience the romance of trademark and copyright litigation directly at the source, the 11th floor of the Chrysler Building. High-profile, cutting edge IP litigation practice, good-looking partners, etc. We’re looking for a litigation associate, 4 to 6 years experience in trademark and copyright and neighboring rights civil litigation. Sorry to be strict but we are…
DMCA ‘Interference’ With Copyright Is Not Copyright Infringement
Actors’ Equity Association apparently polices YouTube on behalf of its actor members. Plaintiff uploaded a video and AEA sent a DMCA notice, erroneously believing that the uploading was without authorization of an AEA member. In fact plaintiff owned copyright in the work. Plaintiff sues AEA on copyright grounds. Held: AEA may have interefered with plaintiff’s…