Just what we choose it to mean
Ron ColemanWhen trademark lawyers — much less judges — use a word, it means just what they choose it to mean — neither more nor less. So unsurprisingly, trademark lawyers are…
Sometimes all of our thoughts are … misgiven?
Misgiven: the wacky 9th Circuit theory of the "inverse ratio" in copyright infringement
Best of 2008: Someone dropped in an extra zero, right? RIGHT?
Posted on October 16, 2008. It’s a month-old story, and how it got past us here notwithstanding, it’s not getting past us now. Per the ABA Journal, remember the Bratz…
Best of 2012: Little claims, big idea?
Originally posted September 12, 2012. A major theme around here is the proposition that copyright law encourages litigation of even the most tenuous plaintiffs’ claims, mainly because of the rules…
Little claims, big idea?
A major theme around here is the proposition that copyright law encourages litigation of even the most tenuous plaintiffs’ claims, mainly because of the rules regarding fee-shifting for “prevailing” parties.…
Bratz, foiled again!
First, December’s 15, 2009’s story: Remember the Bratz dolls case, and the phenomenal legal fees application that followed? It’s back! The Ninth Circuit Court of Appeals stayed the trial judge’s…
Suing bloggers for dollars
Glenn Reynolds links to a an article in Wired about a newspaper “chain”‘s — actually, lawyer Steve Gibson’s — “new business model”: Suing bloggers who post newspaper articles, evidently more…
Gin a body meet a body
Body #1 being the “Mother Court,” as it describes itself–the United States District Court for the Southern District of New York. Body #2 being the United States Circuit Court #2,…
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. I’m going to “hook it…
Best of 2009: “Infinity Dollars” — IP damages and the jury”
This post, which is the first of two parts (the second part can be found at the link at the end) was first posted on June 19, 2009. A lot…
Copyright’s absolute liability?
Michael Ratoza of U.S. IP LAW reports (via @BeelJDPhD) on a case that issues a somewhat stunning ruling for those of us, such as LIKELIHOOD OF CONFUSION®, who have never…
Statutory damages in copyright, and the Tenenbaum case
Statutory Damages and the Tenenbaum Litigation: Doug Lichtman out at UCLA sends this along: Joel Tenenbaum looks a lot like every other defendant who has been accused by the music…
Goodbye, dolly
Pamela Chestek reports on the dizzying fallout of the Bratz litigation.
The second time as farce
On the occasion of the S&L Vitamins v. Australian Gold trial, I reposted what I wrote here six months earlier about the first of these these jointly evil twin litigation…