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Archive for the ‘Advertising’ Category

District court dismisses patent infringement claim against Wildtangent By Andrew Segna – Edited by Matt Gelfand Ultramercial, LLC v. Hulu, LLC, No. CV 09-06918 RGK (C.D. Cal. Aug. 13, 2010) Opinion hosted by The Hollywood Reporter On August 13, the United States District Court for the Central District of California granted Wildtangent, Inc.’s motion to dismiss against Ultramercial, LLC’s patent infringement claim. Hulu, LLC also made a similar motion that was rendered moot. In granting the motion to dismiss, the ... Read More...
Posted On Sep - 11 - 2010 1 Comment READ FULL POST
By Emily Hoort Attorneys General Demand Removal of Craigslist’s “Adult Services” Section ScrippsNews reports that attorneys general in at least 18 states have demanded that Craigslist remove its adult services section. A failure to comply with this request will likely lead to a court battle, with possible charges that Craigslist is aiding and abetting illegal activity. There may also be legislative action calling for reforms of the Digital Millennium Copyright Act and Communications Decency Act. These statutes generally protect websites, ... Read More...
Posted On Sep - 4 - 2010 Comments Off READ FULL POST
Lawyer Violates Telephone Consumer Protection Act with Outsourced Newsletters By Ian B. Brooks – Edited by Jad Mills Holtzman v. Turza, No. 08-C-2014 (N.D. Ill. Aug. 3, 2010) Opinion hosted by Google The United States District Court for the Northern District of Illinois ruled that a lawyer makes unsolicited advertisements under the Telephone Consumer Protection Act (“TCPA”) when his primary purpose for hiring a company to distribute his materials via facsimile was to advertise his services.  Granting the plaintiff’s summary ... Read More...
Posted On Aug - 31 - 2010 Comments Off READ FULL POST
Use of Trademark in Domain Names Found to Be Nominative Fair Use By Harry Zhou – Edited by Anthony Kammer Toyota Motor Sales v. Tabari, No. 07-55344 (9th Cir. Jul. 8, 2010) Slip Opinion On July 8, 2010, the Ninth Circuit Court of Appeals vacated and remanded an injunction against Farzad and Lisa Tabari by the United States District Court for the Central District of California in a trademark infringement claim brought by Toyota Motor Sales U.S.A. (“Toyota”).  The Ninth ... Read More...
Posted On Jul - 22 - 2010 Comments Off READ FULL POST
Second Circuit Affirms Dismissal of Tiffany’s Trademark Infringement Claim Against eBay By Dmitriy Tishyevich – Edited by Jad Mills Tiffany Inc. v. eBay Inc., Case No. 08-3947 (2d Cir., Apr. 1, 2010) Slip Opinion On April 1, the Second Circuit largely affirmed the holdings of the district court in the Southern District of New York. The court concluded that despite the evidence that eBay had general knowledge that some of its customers had used its website to sell counterfeit Tiffany ... Read More...
Posted On Apr - 9 - 2010 1 Comment READ FULL POST
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