Online use of trademarks and copyrights by “unauthorized distributors”
LIKELIHOOD OF CONFUSION does not generally comment about active cases in which we are directly involved. But a very important and detailed (61 pages!) summary judgment decision came down in the U.S. District Court for the Eastern District of New York last week, in the case of S & L Vitamins, Inc. v. Australian Gold, Inc., 2:05-cv-1217 in which I represent the plaintiff. And while we will not comment on the decision, for obvious reasons, any reader of this blog involved in trademarks and the Internet will want to read it. So here it is. Credit to David Nieporent, co-author on the plaintiff’s brief!
UPDATE: Cogent commentary from Eric Goldman and Matthew Sag; now comes Rebecca Tushnet.
Pingback: LIKELIHOOD OF CONFUSION® » Blog Archive » Google using trademark policy to shield MoveOn?
Pingback: LIKELIHOOD OF CONFUSION® » Blog Archive » Judge: “Go after your distributors, not free enterprise”
Pingback: LIKELIHOOD OF CONFUSION® » Blog Archive » Tail wagging dog?
Pingback: LIKELIHOOD OF CONFUSION® » Blog Archive » Online trademark retailing and initial interest confusion
Pingback: LIKELIHOOD OF CONFUSION® » Blog Archive » Which exit did we get off, again?
Pingback: LIKELIHOOD OF CONFUSION® » Blog Archive » Likelihood of Success
Pingback: LIKELIHOOD OF CONFUSION® » Blog Archive » eBay, Vero and the Scientologists