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Archive for the ‘9th Circuit Decisions’ Category

Ninth Circuit Argues for Less Stringent Test for Protecting Anonymous Online Commercial Speech By Kathryn Freund – Edited by Janet Freilich In re: Anonymous Online Speakers, No. 09-71265 (9th Cir. July 12, 2010) Opinion The Ninth Circuit Court of Appeals denied writs of mandamus appealing the District Court of Nevada’s order to disclose the identities of anonymous online posters. Although the Circuit Court denied the writs of mandamus for procedural reasons, the decision provides a discussion of Free Speech protection ... Read More...
Posted On Jul - 27 - 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
Use of Common Words in Trademarks Can Still Dilute By Harry Zhou – Edited by Jad Mills Visa Int’l Serv. Ass’n v. JSL Corp., No. 08-15206 (9th Cir. Jun. 28, 2010) Slip Opinion On June 28, 2010, the Ninth Circuit affirmed the U.S. District Court for the District of Nevada’s grant of summary judgment for Visa International Service Association (“VISA”) on its trademark dilution claim against JSL Corporation (“JSL”). Chief Judge Alex Kozinski delivered the opinion, holding that JSL’s “eVisa” ... Read More...
Posted On Jul - 13 - 2010 Comments Off READ FULL POST
By Kassity Liu Judge Orders Copyright Plaintiff to Justify Joining Thousands of Defendants in a Single Lawsuit Ars Technica reports that Federal Judge Rosemary Collyer ordered the US Copyright Group to explain why joining thousands of anonymous “John Does” into one lawsuit is permissible under the Federal Rules of Civil Procedure (FRCP). The judge, after encountering one case that was filed against 4,577 anonymous P2P defendants, issued the order requiring the Group to “convince [her] within two weeks that jamming ... Read More...
Posted On Jun - 14 - 2010 Comments Off READ FULL POST
Ninth Circuit Affirms Injunction Against Online Check-Issuer Qchex By Leocadie Welling – Edited by Chinh Vo Federal Trade Commission v. Neovi, Inc., No. 09-55093 (9th Cir. May 14, 2010) Slip Opinion On May 14, 2010, the Ninth Circuit affirmed a grant of summary judgment in favor of the Federal Trade Commission (FTC) and an injunction granted by the Southern District of California against appellant Neovi, Inc (“Neovi”). The FTC had brought claims alleging that Neovi, through its online Qchex service, ... Read More...
Posted On May - 29 - 2010 1 Comment READ FULL POST
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