Where there’s smokes
The Denver Post reports a very interesting, and for trademark plaintiffs very troubling, decision that the Supreme Court has refused to review. It has to... Read more
Tag: Civil Procedure
When copyrights aren’t a federal case
Can copyright disputes ever be litigated in state court? It’s generally understood that the federal courts have exclusive jurisdiction over copyright claims, in contrast to... Read more
Pick your poison
Is it infringement or a breach of contract? Is it a license or an assignment? Well, whatever it is, it’s a little complicated, and Pamela... Read more
Show me the money
Copyright is happening all over the place! Now, a slight digression from the stemwinder I’m about to release here on fee shifting in copyright cases.... Read more
Can you ring the unrung bell? (Updated)
LIKELIHOOD OF CONFUSION® has recently run up against the following issue in litigation and welcomes views from the house. We think we’re on the right... Read more
Going Wayback… and it’s out of here!
The TTABlog writes about a recent TTAB decision rejecting “Wayback Machine” data as evidence: The Board observed that the “Wayback Machine” suffers from a serious... Read more
Hot fun in the summer time
A little while I ago I uploaded, at J.D. Supra, the three days of trial transcripts from last year’s desert extravaganza, the Designer Skin v.... Read more
Jus good enough?
Property, intangible: “Jus tertii” – Wikipedia says Latin for “third party rights” – is a claim by a defendant that someone else has rights superior... Read more
Blogger anonymity upheld against John Doe defamation claims
The defendant-appellant, John Doe No.1, anonymously posted allegedly defamatory statements about the plaintiff-appellee, Cahill, on an internet blog. Cahill brought a defamation action. Seeking to... Read more
Jenzabar: Blogs are sticks and stones; they hurt me.
Jenzabar, the educational software company Paul Levy and I mentioned last month (and which Overlawyered picked up) in connection with its “trademark as censorship tool”... Read more
Likelihood of avoision
I’m in pretty deep in a jury trial — no, not an IP case; more like an IT case, only one conducted under a tent... Read more
The litigation of art
The Second Circuit has scheduled oral argument on December 8 at 10 a.m. at the U.S. Courthouse 9th Floor Ceremonial Courtroom at 500 Pearl Street... Read more
Not a good e-discovery strategy
Lavi Soloway writes (hat tip to Above the Law) regarding the extremely un-white-shoe discrimination litigation in New York County between former Sullivan & Cromwell associate... Read more
Getting the timing right on copyright registrations
Marty Schwimmer: IDEA v PETA (SDNY August 298 2009): Plaintiff, no doubt aware that statutory damages are only available for post-registration copyright infringements that are... Read more