Domain names and fair use
The continuum of defenses to claims sounding in trademark that runs from free speech, through fair use to nominative fair use is a longtime topic... Read more
Tag: Unauthorized Retailers
Biting the hand that feeds you
The Trademark Troll, a blog written by former Harley Davidson IP counsel Dick Troll, comments on the S&L Vitamins case: Almost every case involving the... Read more
Kirtsaeng and Copyright: First sale means first sale
The Supreme Court handed down a huge decision in copyright law today, ruling in Kirtsaeng v. John Wiley & Sons, Inc. that the first sale doctrine, which... Read more
Canada: Copyright law not meant to protect distribution networks
The Gray Blog reports that the Canadian Supreme Court has rejected an attempt — the sort made all day all over North America — to... Read more
Split decision
During my traditional end-of-December goof-off here I didn’t pay adequate attention to the important non-ruling in Costco v. Omega, which involves an issue I have... 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
Designer Skin v. S&L continued: “S&L had a perfect right to sell this product”
Unfortunately for future defendants in the position of our client, Internet retailer S&L, U.S. District Judge James Teilborg’s decision from the bench in the District... 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
Fat lady sings: Findings of Facts and Conclusions of Law in Designer Skin v S & L Vitamins
The District of Arizona ruled today in a case we defended through trial and have reported on here extensively. The decision is here; the minute... 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
Best of 2013: Kirtsaeng and Copyright: First sale means first sale
The Supreme Court handed down a huge decision in copyright law today, ruling in Kirtsaeng v. John Wiley & Sons, Inc. that the first sale doctrine, which... 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
Designer Skin v. S&L Vitamins trial update
The remaining issues in the case, you may recall, were copyright infringement and Arizona unfair competition. Here is the status per this morning’s minute entry... Read more