Secondary trademark liability: Third party counterfeiting as proof of knowledge?

QUERY:  Are sales of counterfeit products other than those of the plaintiff valid proof of a defendant’s “knowledge” in a contributory trademark infringement case? That question typically arises in the flea-market cases (both virtual and brick-and-mortar) where the direct infringers are vendors with a history of “serial counterfeiting” and the plaintiff sues the landlord or online marketplace operator for contributory infringement. The argument is that the defendant knew or should have known he was facilitating…

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You got privacy in my policy! No, YOU got policy in MY privacy!

Originally posted 2010-07-15 08:25:36. Republished by Blog Post PromoterMindful always of my civic duty, my unique relation to humanity, and legal webby things, I’ve updated the LIKELIHOOD OF CONFUSION® privacy policy.  Your family can rest secure in the knowledge that the policy is always readily available for your perusal, as well as for bar mitzvahs, etc., merely by clicking the pressure-sensitive link at left. But as a public service, I’m reprinting the updated policy as a... Read more

Chocolate Ice Cream with Chocolate Syrup

Originally posted 2009-11-10 16:00:53. Republished by Blog Post PromoterHow else to describe a post (this one) that combines two of our favorite obsessions — Google and fair use? Business Week online reports that Google’s announced plan to to scan millions of the world’s books and make them searchable online is, not surprisingly, a little scary to some people. No, not the people who are afraid of free access to books and information. Rather, the people... Read more

Court Strikes Down Left-Slanted Student Fees Funding at State U

Originally posted 2005-11-11 13:18:04. Republished by Blog Post PromoterThe online New York Law Journal (sub. required) reports: For the second time in recent months, a federal judge has chastised a student government at the State University at Albany for allocating funding in a manner that could serve to silence the conservative voice on campus. Northern District Judge David N. Hurd in a decision this week shot down a procedure that gave the allegedly liberal New... Read more

Ivan’s IP

Originally posted 2007-11-15 13:21:43. Republished by Blog Post PromoterBoing Boing reports on a chilling development: The Kremlin is using Russia’s new anti-software-piracy laws to target dissident media outlets and shut them down. This is an eerie echo of the Soviet era, when black marketeering and other universal activities were used as the excuse for arresting dissidents and other inconvenient people. The difference is that this time, the anti-piracy laws were enacted at the behest of... Read more

When Dot Com really can make a trademark

In an important new ruling, Booking.com B.V. v. Matal, the U.S. District Court for the Eastern District of Virginia — on an appeal from the PTO under 15 U.S.  § 1071(b) — reversed the TTAB’s finding that the term BOOKING.COM is generic for travel agency and hotel reservation services. As John Welch notes, The court found that plaintiff had demonstrated that BOOKING.COM has secondary meaning as to hotel reservation services, but not as to travel agency services.... Read more

Oral argument tomorrow at the Second Circuit – Guggenheim Capital v. Birnbaum

Originally posted 2013-04-11 16:41:06. Republished by Blog Post PromoterTomorrow morning I will appear before the United States Court of Appeals for the Second Circuit, which will hear argument on a case in which I got involved after a final judgment for trademark counterfeiting was entered.  I participated in certain post-trial proceedings and later submitted the brief embedded below. Naturally I don’t want to editorialize about a pending matter, but it seems reasonable to quote from the... Read more

That special something that says “infringement”

Originally posted 2010-12-13 15:16:24. Republished by Blog Post PromoterPaul Alan Levy sends along this heartwarming news about the Jenzabar case: In a ruling this week, a Massachusetts trial judge upheld the free speech rights of a documentary filmmaking company against an effort by a Massachusetts software company to use trademark litigation to punish the filmmakers for the portrayal of one of the student leaders in the Tiananmen square protests. . . . Sidestepping the fact that neither Google... Read more

Hurricane Harvey: Have a Heart for Houston

Via @elizabethking: I spoke with World Trademark Review about the IP community’s response & outreach on #HurricaneHarvey Link: https://t.co/WHnA5SlikV #Houston pic.twitter.com/TBHt8ecNFn — Elizabeth King (@ElizabethKing) September 5, 2017 And here’s the hook for HIPLA (the Houston Intellectual Property Law Association): HIPLA wishes each of our members and their families well in this difficult time of repair and recovery from Hurricane Harvey. While there is no doubt that Houston will recover from this disaster, there are members... Read more