Internet Law

LIKELIHOOD OF CONFUSION® in 2006: “Is Google a utility?”

I posted this in August, 2006. I don’t think the question has been answered yet: We wrote about the Kinderstart lawsuit against Google, claiming an unfairly depressed Google search rank, last March. There have been further, very interesting, developments, exemplified by this this colloquy reported by Dawn Kawamoto: David Kramer, a Wilson Sonsini attorney also representing Google, said the search giant’s PageRank system is subjective, using a combination of reviews into whether a Web site…

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What “Beating Righthaven” means

Instapundit links to Donald Douglas’s blog post, Beating Righthaven.  Excerpt: Righthaven files “no warning” lawsuits. That is, it gives no advance notification to defendants, which violates the norm of providing “take down notices” to those suspected of copyright violations. By doing this, Righthaven — which made a speciality out of suing small-time bloggers and “mom-and-pop” businesses — was able to scare the bejesus out of its targets, who then would settle out of court generally in... Read more

Bloggers, Journalists, Reporting and Privilege

The New York State Bar Association’s Bright Ideas journal (Vol. 22, No. 2) 17 (Fall 2013) has just published my essay about shield laws entitled, Bloggers, Journalists, Reporting and Privilege.  And now you can read it. [ This is the article as it was republished in the New York State Bar Association Journal.  It was also subsequently republished in 31 Computer & Internet Lawyer 9 (March 2014).] UPDATE: The case reported in this article in the New York Law... Read more

two people wearing black shirts standing near wall

Blog Juice?

Joy McCann, blogging on Dean’s World, comments on a Slate article suggesting that bloggers are the Euro-American version of rappers. In your bottle-full-o-bub’ dreams, Joy! Originally posted 2013-06-18 10:42:50. Republished by Blog Post Promoter Read more

Patsy’s: Circuit Gently Pulls the Plug

Here (below) is something you don’t see every day. It’s a summary order [UPDATE: amended and corrected on August 18, 2021] in IOB Realty v. Patsy’s, the latest installment in the endless PATSY’S trademark litigation saga. There’s no sense in summarizing a summary order — but, really, wow. (Not that the previous opinion in an “unrelated” Patsy’s matter was just a bunch of calamari. Really — wow.) And I was there! Now, if you were... Read more

Wikipedia ends world; entry on world locked down

The Wall Street Journal asks, “Will Wikipedia Mean the End Of Traditional Encyclopedias?” It’s a debate between Wikipedia and Brittanica, if you can just imagine that. It’s certainly meaning the end of traditional PTO practice. It’s driving trademark lawyers nuts (see here, too). I liked this exchange involving colleague John Berryhill on yesterday’s INTA email list, reprinted with his permission: >The point is, why should Wikipedia be even considered as a reference on >the trademark... Read more

Bully for who?

Or should it be whom?  Anyway, my article on trademark bullying first published in January’s Intellectual Property Magazine and excerpted in this previous post, is now available free and easy for download, right here. Here’s what the old bloggers would call the “money quote” on that excerpt, if I may. Please forgive the British spelling — it’s that kind of magazine.  Links are exclusive to here, though!: [T]here are real bullies, real abuses of the... Read more

Holy copyright baloney, Batman!

It’s not as if I’ve got a problem with DC Comics or something, but, well, here you go.  They’re just being like that!  And I’m just catching up with the fin-fendered fun.  First, per the Autoblog, on September 22, 2015: Judges in the 9th US Circuit Court of Appeals upheld an earlier ruling about the copyright ramifications of selling replicas of the Batmobile. According to an Associated Press report in the Detroit News, the unique appearance of... Read more

Dean’s World – Judgment Day

I have withdrawn as a contributor from Dean’s World, which has been a tremendous experience and great for promoting LIKELIHOOD OF CONFUSION. The tumult over Dean’s new policy regarding acceptable discourse on the issue of Islam is getting a bit of attention around the ‘sphere, too. It’s a fine debate. Meanwhile, you and I still have each other. UPDATE:  Cooler — incredibly cool — head prevail. Originally posted 2007-03-02 20:44:35. Republished by Blog Post Promoter Read more