Annnndddd we’re back from a small hiatus. Since the last IP Roundup, there have been a ton of great stories and analyses on Trademark and Copyright Law around the Internet.
- Gripe Websites – still fair use: Sedgwick Claims Management Services v. Delsman, 09-16809 (9th Cir. March 21, 2011). Delsman is a blogging griper about Sedgwick. He made some griping material that included cut-and-pasted headshots of Sedgwick’s managers. Delsman got a favorable ruling in the district court, including a fair use ruling on the headshots and an anti-SLAPP ruling on the other claims. Shockingly, rather than quietly licking their wounds, Sedgwick appealed the ruling to the Ninth Circuit, which was rebuffed. Read full post at Eric Goldman at Technology & Marketing Law Blog.
- Steve Baird of DuetsBlog recently moderated a seminar “Trademark Bullies” here.
- Has the original Coca-Cola recipe leaked out?
- Keurig, Inc. v. Strum Foods, Inc., — F. Supp. 2d —-, 2011 WL 843932 (D. Del.) from Rebecca Tushnet’s 43(B)log. Keurig makes single-serve coffee machines and a corresponding line of coffee-filled cartridges. Sturm makes cartridges for use in Keurig machines under the Grove Square brand name. Keurig alleged trademark infringement, trade dress infringement, dilution, and related state and federal claims. Strum Foods succeeds with argument that ““*For use by owners of Keurig® coffee makers” is nominative fair use. Read more here.
- Discussion of Netflix’s reported efforts of the company to become an acquirer of original content: Netflix and Distribution: The Unsung Story of Copyright Content from The IPKat by Neil Wilkof.
- Big, Big Loss For Righthaven: Reposting Full Article Found To Be Fair Use by TechDirt.
- If Parody is Exempt from Dilution, Why isn’t It Exempt from Infringement? from Seattle Trademark Lawyer by Michael Atkins
- The first time that an SEO/Web Host or other Internet Intermediary was found liable for contributory infringement without having first received actual notification of the counterfeit sales from a third party: Roger Cleveland Golf Co. v. Prince, 2:09-cv-02119-MBS (D.S.C. jury verdict March 10, 2011 and judgment March 14, 2011). Read more at Technology & Marketing Law Blog.
- Great presentation by Eric Goldman “Consumer Reviews of Doctors and Copyright Law” — talk slides.
- AP announced that it has settled its copyright claims against Shepard Fairey by AdWeek.
- Subway seeks to trademark “footlong.”
- The Music Industry, Post-Napster by the New York Times.
- Court says you don’t need a person’s permission to tag them in a Facebook photo
- from Internet Cases by Evan Brown (@internetcases): Lalonde v. Lalonde, — S.W.3d —, 2011 WL 832465 (Ky. App., February 25, 2011)
- USPTO Denies Twitter’s Trademark Application for ‘Tweet’, Again
- The Supreme Court agreed to decide whether Congress may take works out of the public domain and grant them copyright status: In what ScotusBlog is calling “a major test of copyright power,” the Supreme Court agreed to hear an appeal of the 10th Circuit decision in Golan v. Holder upholding the Uruguay Round Agreements Act, a law that brought the US into compliance with several international treaties and retroactively restores copyright in some expired foreign works.
- Keyword advertising injunction reversed from Rebecca Tushnet’s 43(B)log.
- Buying keywords isn’t deceptive; deceptive ads are deceptive from Rebecca Tushnet’s 43(B)log. Federal Trade Commission v. Cantkier, 2011 WL 742647 (D.D.C)
- Charlie Sheen’s unusual phrases are spurring a race to the U.S. Trademark office by entrepreneurs hoping to cash in by ABA Journal.
- Network Automation, Inc. v. CBM-CW Advanced Systems Concepts, Inc. (9th Cir. Mar. 8, 2011). Also, a very good in-depth analysis by Eric Goldman here.
- Very useful table: State Cyberstalking, Cyberharassment and Cyberbullying Laws