“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
Tag: Unauthorized Retailers
“Infinity Dollars” — IP damages and the jury, Part 2
(Part 1 is here.) So. In light of the decision in the Thomas-Rasset case, which I first rounded up in part 1 of this first-ever... 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