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Tag: Jurisdiction and Justiciability

Hummel
Posted on May 7, 2022May 12, 2022 Copyright Law

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

Posted on June 2, 2021 Trademarks and trademark law

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

Posted on June 2, 2021 Litigation

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

Posted on May 28, 2021 Copyright Law

Can you ring the unrung bell? (Updated)

[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

Posted on May 25, 2021 Internet Law Litigation

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

Posted on March 24, 2021 Internet Law Trademarks and trademark law

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

Posted on November 3, 2019 Internet Law

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

Tacks case?
Posted on September 18, 2019 Licensing

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

Posted on October 28, 2016November 30, 2016 Brand Management and Branding

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

Posted on September 16, 2014 Copyright Law

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

Posted on December 30, 2013 Brand Management and Branding

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

Posted on October 29, 2012November 14, 2012 Internet Law

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

Posted on August 17, 2012 Uncategorized

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

Posted on April 7, 2010April 11, 2010 Internet Law

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

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Ron Coleman of the DHILLON LAW GROUP

Click the pic for more information - admitted in New York and New Jersey

This blog

The question of whether consumers are likely to be confused is the signal inquiry that determines if a trademark infringement claim is valid. I write here about trademark law, copyright law, brands, free speech (mostly as it relates to the Internet and social media). That may sound like a lot, but it's just a blog.

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