
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
Lawyer Ron Coleman on brands, the Internet & free speech
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
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
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
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
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
[stextbox id=”alert”]UPDATE and preface: Almost everyone who has written on the “jurisdiction” issue decided in Reed Elsevier, Inc. v. Muchnick, 130 S.Ct. 1237, in which the... Read more
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
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
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, 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
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
[stextbox id=”info”]Raymond J. Dowd, author of the Copyright Litigation Blog (and much else!), sent along this note by email concerning a case that would probably... Read more
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
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