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
Tag: Unauthorized Retailers
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
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
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
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
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
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
“Diversion”: Threat or menace?
We have written before (as have some judges) about the dubious concept of “diversion,” usually used to rationalize the equally dubious concept of “initial interest... Read more