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... Read more
Tag: Trials
Bringing big IP plaintiffs down a peg — or two
Mike Atkins is paying attention to Microsoft’s IP docket, as a Seattle Trademark Lawyer will do. He’s reporting about a default judgment and award the... Read more
No social networking privilege
On Point reports that a New Jersey federal magistrate has, to the surprise of no actual attorney I could imagine, ruled that MySpace and Facebook postings... Read more
“Infinity Dollars”: IP damages and the jury, Part 1
A lot of people, including judges, lawyers and civilians, don’t seem to really understand what statutory damages are all about. They are not supposed to... Read more
Best of 2010: An opinion to Di for
First posted on May 5, 2010. I do a lot of bellyaching around here about how there are never any consequences for filing frivolous trademark... Read more
Best of 2006: Side by side comparison doesn’t decide likelihood of confusion
Originally posted on July 11, 2006. This is an important decision: The Second Circuit Court of Appeals has partially reversed the earlier ruling of the... Read more
Someone dropped in an extra zero, right? RIGHT?
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... Read more
More oozes out from the Kinderstart litigation
Eric Goldman has the transcript from the oral argument we reported on last month. He’s still betting on Google. Originally posted 2009-09-30 23:33:13. Republished by... Read more
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.... Read more
Sloppiness is its own reward — for the other side’s lawyers
We said a while ago that the RIAA and its ilk looked out of control. Now Walter Olson reports that now the RIAA might have... 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
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
Settling in
Foley Square view Originally uploaded by Ron Coleman I took this view of Foley Square, where the courthouses and many other public buildings in Manhattan... Read more
Going Wayback… and it’s out of here!
The TTABlog writes about a recent TTAB decision rejecting “Wayback Machine” data as evidence: The Board observed that the “Wayback Machine” suffers from a serious... Read more