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
Tag: New Sunshine
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... Read more
Aw, shucks
We already covered the Designer Skin v. S&L Vitamins summary judgment decision, and linked to commentators Greg Beck, Bill Patry, Rebecca Tushnet, Eric Goldman and... Read more
S&L v. Australian Gold: You, the Jury
Here’s S&L Vitamin’s Trial Brief for the trial scheduled for next week in the above-entitled cause. (Or you can read it at the bottom of... Read more
U.S. District of Arizona: “No automatic injunction upon a finding of copyright infringement”
Not that the plaintiffs in the Designer Skin case didn’t get an injunction: They did (here it is); a narrow one utilizing proposed language by... Read more
Legal in Phoenix, liable in Central Islip
UPDATE: All the below is still very relevant, very important and very significant — except as to the final judgment, which has been vacated by... Read more
Best of 2008: “Designer Skin v. S&L Continued: ‘S&L had a perfect right to sell this product'” (July)
This was first posted on July 18th: Unfortunately for future defendants in the position of our client, Internet retailer S&L, U.S. District Judge James Teilborg’s... Read more
Online retailing and initial interest confusion
We reported earlier on a related case in this area implicating the use of trademarks to sell merchandise online via “unauthorized distributors.” A new decision... Read more