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...

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...

Federal Circuit Distinguishes Provisional Applications from Foreign Filings for Prior Art Priority under 102(e) By Ian B. Brooks – Edited by Anthony Kammer In re Giacomini, No. 2009-1400 (Fed. Cir. July 7, 2010) Slip Opinion On July 7, 2010, the Court of Appeals for the Federal Circuit affirmed the Board of Patent Appeals and Interferences’ (“Board”) rejection of claims of U.S. Patent Application No. 09/725,737 as anticipated under 35 U.S.C. § 102(e), the so-called “secret prior art” provision.  The Federal ... Read More...

District of Massachusetts reduces jury-awarded damages by 90 percent in copyright infringement lawsuit By Abby Lauer – Edited by Jad Mills Sony BMG Music Entertainment et. al. v. Tenenbaum, No. 07cv11446-NG (D. Mass. July 9, 2010) Slip Opinion In a decision by Judge Nancy Gertner, the United States District Court for the District of Massachusetts reduced the damages awarded by a jury to members of the recording industry in a copyright infringement lawsuit. After finding defendant Joel Tenenbaum guilty of ... Read More...

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...