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(A Short History of) The Misuse of Trademarks to Control Free Expression

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

Boarding School Review, LLC v. Delta Career Education Corp.

Order GRANTING Plaintiff's Motion to Dismiss Pursuant to FRCP 12(b)(6)

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

Indiana Sex Offender Social Website Ban Law Is Unconstitutional

An Indiana statute prohibiting most registered sex offenders from using social networking websites is unconstitutional because it is an overly broad infringement of First Amendment rights. The Indiana law prohibited...more

To Be Judged Not By the Color of Their Skin, But By the Content of Their Legal Briefs

[Ed. Note: In honor of Martin Luther King, Jr. Day, we'd like to re-run one of our favorite seasonal blog posts, thereby honoring Dr. King's legacy not only as a visionary and civil rights leader, but also as a copyright...more

Three Point Shot - September 2012

In This Issue: - In Tennis Channel Carriage Dispute with Comcast, Ball is Now in Appeals Court - Crimson Tide Infringement Claims Turned Back by Artist's Fair Use Defense - Citius, Altius, Litigious: USOC,...more

Boarding School Review, LLC v. Delta Career Education Corp.

Reply Memorandum of Law in Support of Motion to Dismiss for Failure to State a Claim under FRCP 12(b)(6)

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

Boarding School Review, LLC v. Delta Career Education Corp.

Brief in Support of Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12(b)(6))

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

Boarding School Review, LLC v. Delta Career Education Corp.

First Amended Complaint and Jury Demand

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

Ascentive, LLC v. Opinion Corp.

Opinion and Order Denying Preliminary Injunction

Opinion and order denying the motions by Ascentive, LLC and Classic Brands, LLC for a preliminary injunction censoring consumer complaint about the companies on the PissedConsumer.com website. The companies' legal...more

Ascentive, LLC v. Opinion Corp.

Bench brief of Opinion Corp., Inc. regarding likelihood of confusion in domain names

At the preliminary injunction hearing in this matter (see related documents), the court asked for further guidance on the issue of fair use as a defense to trademark infringement in the context of domain names. As of July...more

Ascentive, LLC v. Opinion Corp.

Brief of Opinion Corp. in Opposition to Ascentive LLC's Motion for a Preliminary Injunction

Brief by the owners of Pissedconsumer.com in opposition to the motion by Ascentive, LLC for a preliminary injunction censoring consumer complaints about the company on the website. As of July 2011, the court had not ruled...more

COICA: Big IP "supersizes" it

The proposed new IP-enforcement law, COICA, is meant to be address a very real problem. But it threatens to cause its own set of new problems, and ignores the real reform of IP law that Congress continues to sidestep in...more

Ascentive, LLC v. Opinion Corp.

Answer and Counterclaim of Defendant Opinion Corp.

Answer and counterclaim by the owners of PissedConsumer.com in the lawsuit brought by Ascentive, LLC to censor consumer complaints posted on the PissedConsumer.com website....more

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