Best of 2013: The Lanham Act’s surprising penumbras
Ron ColemanFirst published on July 15, 2013. Here I thought I understood something about the Lanham Act. But wait, there’s more! Did you know this?: The purpose of the Lanham Act…
The Lanham Act’s surprising penumbras
Here I thought I understood something about the Lanham Act. But wait, there’s more! Did you know this?: The purpose of the Lanham Act is to protect registered and valid…
Jane Coleman’s “Secondary Trademark Infringement”: Update for 2011-12
It’s here! Jane Coleman on Secondary Trademark Infringement, the free (for now) online (for now) treatise has been updated for the coming year. Whereas last year’s update featured a host…
Secondary liability conference Stanford thing
What if they called a conference on secondary liability on the Internet and no one told … well, me? It happens. I mean, that people could forget to tell me.…
Best of 2010: Forget breakfast — eBay eats Tiffany’s lunch
The Second Circuit, unsurprisingly according to most commentators, has affirmed the decision of the Southern District of New York refusing to find eBay liable for contributory trademark infrintgement in the…
Secondary Trademark Infringement treatise updated for 2010-11
Jane ColemanFrom the Overview to the update of Secondary Trademark Infringement by Jane Coleman, which is now complete: Of all the contexts in which secondary liability has been raised, whether contributory…
Missing persons
Usually, as the bible of secondary trademark infringement explains, “contributory infringement . . . requires proof of direct infringement by a third party . . . It is not necessary,…
eBay, VeRO and the Scientologists
Last February Scott Pilutik, an aggressively anti-religion blogger and lawyer, posted this excellent piece about the abuse by the Scientology cult of eBay’s VeRO program, which eBay waves around to…
EFF backs eBay in Tiffany spat
See, we don’t agree with Public Citizen all the time! Read on, via the Electronic Frontier Foundation (EFF): along with Public Citizen and Public Knowledge urged a U.S. court of…
Ninth Circuit: eBay not a portal to jurisdiction
We spill a lot of pixels here blogging about the question of just how transparent, nay ethereal, eBay is as, say, a facilitator of transactions premised on trademark and copyright…
No one blinks
Ron ColemanReuters reports that the Tiffany trademark suit against eBay is really going to trial. Really! I am sure no one expected this. I certainly didn’t. Old timers here will perhaps…
But, of course
Ron ColemanShoes are dropping all over Europe: L’Oreal, the world’s largest cosmetics group, has launched legal action against eBay, alleging the online auctioneer does not do enough to combat the sale…
GEICO Isn’t Good News for Google
Remember the GEICO v. Google case? My former law partner and long-time spouse Jane Coleman does. She’s writing a chapter on secondary trademark infringement liability for the second edition of…