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A motion to strike under California’s anti-SLAPP statute was filed in response to a lawsuit initiated by beneficiaries against a trustee and executor of an estate. The United States Court of Appeals for the Ninth Circuit...more
A recent opinion from the Western District of Virginia sets forth a useful framework for analyzing a variety of Lanham Act claims based on false commercial speech uttered in social media....more
Paper included in the CLE materials for a panel on which I was a participant at the American Intellectual Property Law Association's annual meeting on October 24, 2013. The Panel was entitled "Trademarks, Goodwill and Free...more
Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more
The District of Columbia instituted an anti-SLAPP procedure back in March but the judges are having a heck of a time figuring it out.
Judge Rufus G. King III of the D.C. Superior Court got it right. A local television...more
Motion to dismiss defamation claim pleaded as a Lanham Act trademark infringement complaint in order to circumvent DMCA section 230.
The court agreed, dismissing the claim in its entirety....more
Table of Contents:
•Doe v. Gangland Productions, Inc., et al.
•Goldberg v. Cameron
•Mattel, Inc. v. MGA Entertainment, Inc.
Doe v. Gangland Productions, Inc., et al., USDC C.D. California, August 1,...more
Brief by the owners of Pissedconsumer.com in opposition to the motion by Classic Brands, LLC, whose complaint was consolidated with the complaint of Ascentive, LLC, to "supplement the record" on its pending application for a...more
We filed a motion to dismiss this case filed against importers of "foreign" versions of textbooks against one of the publishers of those textbooks. The main issue involves the applicability of the First Sale Doctrine to such...more
This is a reply brief on the motion to dismiss the case filed against importers of "foreign" versions of textbooks against one of the publishers of those textbooks. The main issue involves the applicability of the First Sale...more
The Electronic Frontier Foundation (EFF) filed suit against Universal Music Publishing Group (UMPG), asking a federal court to protect the fair use and free speech rights of a mother who posted a short video of her toddler...more
EFF has asked a federal court to protect the free speech rights of an animal welfare group after its video critiques of animal treatment at rodeos were removed from YouTube due to sham copyright claims.
The group Showing...more
On May 1, 2008, EFF and the law firm of Sheppard Mullin Richter & Hampton filed a motion to dismiss a lawsuit brought against the operator of the popular online encyclopedia Wikipedia, arguing that federal law immunizes it...more
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