Ohio State v. Redbubble – Strategy scores in overtime
Ron ColemanSo it seems that was a tactical call by the OSU team, otherwise known as the Attorney General of the State of Ohio: Let's make the strong case for direct…
A Man, a Plan, a Telemarketing Scam
Jane ColemanDish Network v. Siddiqi: A Rare Case of Vicarious Trademark Infringement Vicarious trademark infringement cases such as the recently decided Dish Network v. Siddiqi are much less common than the…
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…
Secondary trademark liability and false advertising
This year’s supplement features the Eleventh Circuit’s decision in Duty Free Americas, Inc. v. Estee Lauder Cos. (DFA), another in a growing body of cases to extend contributory liability doctrine…
Contributory trademark infringement liability: Give it to me short
Last week LIKELIHOOD OF CONFUSION® featured a guest post by Jane Coleman by way of the upcoming update to her book, Secondary Trademark Infringement. It addressed the question of how…
How the 9th Circuit drove secondary cybersquatting liability off the cliff
In December 2013 I wrote about and linked to the devastating critique by the diva of secondary trademark liability, Jane Coleman, of the Ninth Circuit’s decision reading contributory liability for…
Secondary liability; primary shelf
John Welch recommends Secondary Trademark Infringement, the recent Bloomberg BNA treatise, via his TTABlog®: Jane Coleman’s online treatise has now evolved into a book published by Bloomberg BNA, and co-authored…
Petroliam Nasional Berhard to SCOTUS: Gimme shelter
In December 2013 I wrote, mostly cribbing from Jane Coleman‘s commentary, about the very dubious Ninth Circuit decision in Petroliam Nasional Berhad v. GoDaddy.com (9th Cir. Dec. 4, 2013) that…
Secondary Trademark Infringement: The Monograph
Now it’s out! The book that transcends the Secondary Trademark Infringement website — itself now converted to a blog by Jane Coleman that will report on and analyze ongoing developments…
Fallout from 9th Circuit’s “nuclear option” on cybersquatting secondary liability
Did the 9th Circuit’s opinion last week in Petroliam Nasional Berhad v. GoDaddy.com (9th Cir. Dec. 4, 2013) really “kill” secondary liability for trademark infringement under the Anticybersquatting Consumer Protection…
Rosetta Stone v. Google: Schwimmer, Goldman, Levy intervene, 4th Circuit listens – UPDATED
The Rosetta Stone v. Google appeal: Marty, Eric and Paul — listed in the caption as limited intervenors, but, really, the biggest sticks in the room — have spoken, and…
Squatting not like tango; it doesn’t take two
Venkat Balasubramani, over at Eric Goldman’s place, reports on another court suggesting that there is no such thing as contributory cybersquatting, in a case that illuminates the not-so-crazy efforts by…
Don’t Akanoc it if you… oh, never mind…
Word is out that the Ninth Circuit has just affirmed the opinion in Akanoc Solutions — which I first wrote about here — for the most part. Jane Coleman addressed…
Jane Coleman’s “Secondary Trademark Infringement”: Update for 2011-12
It’s here! Jane Coleman on Secondary Trademark Infringement, the free (for now) online (for now) treatise has been updated for the coming year. Whereas last year’s update featured a host…