Humdinger of a copyright case
How can a statute of limitations for copyright infringement bar a state law claim for an accounting of profits between co-authors brought under diversity jurisdiction?... Read more
Tag: Jurisdiction and Justiciability
Steal your plate
The Jews take a worldwide day off from eating, and what happens when they sit down and pick up their forks and knives to dig... Read more
Please plead me
Everyone knows about copyright preemption. How about trademarks? Pamela Chestak has a great post that explains why yes one, and no the other. First, a... 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
Book ’em, Dan-o!
There really is still such a thing as personal jurisdiction — and its absence — even in the Internet age, reports Evan Brown: Last year... Read more
But it is the Dark Side? Or just plain old The Force?
Evan Brown: “Behold the power of in rem actions“: In rem actions over domain names are powerful tools. A trademark owner can undertake these actions... Read more
Jurisdiction Argument Worth Zippo
This is an important decision, called Heidle v. The Prospect Reef Resort, Ltd. and reported by the fine Internet Cases website. Read Evan Brown’s treatment.... 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
Judicial Canuck Stooges Spit in Uncle Sam’s, Barbie’s Eyes
A “New York judge ruled that Mattel ha[s] no jurisdiction in Canada and that [the] owner [of BarbiesShop.com], Barbie Anderson Whalley, can keep the name... 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
Best of 2009: “Orange you glad you’re such mullahs?”
This was first posted on April 29, 2009: William Lozito at Name Wire writes about a counterfeiting double-cross, or is it triple-cross or something more?,... Read more
The latest on Internet-based jurisdiction – UPDATED, 2012!
In the New York Law Journal (subscription required): As a practical matter, most jurisdictional analysis in the Internet context focuses on specific jurisdiction. A “Web... Read more
Attorney fights right of publicity fight… and then some.
Overlawyered follows the continued adventures of media avenger attorney Jack Thompson who is acheiving cult-like notoriety among the very segments he seeks to protect: Jack... Read more
Targeting your discriminatory website
Evan Brown reports about National Federation of the Blind v. Target Corporation, a suit brought against Target in a California federal court claiming that Target’s... Read more