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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
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
[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
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
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
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
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
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
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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