Update: It’s going to be Dave Donoghue, who authors the very informative Chicago IP Litigation Blog. If you’re not already reading Dave’s blog, you should be. He does a bangup job of tracking intellectual property decisions coming out of the federal courts here in Chicago. At the 2/19 meeting, Dave will use his perspective gained from [...]
Archive for January, 2008
Finding ATLAS COPCO and ATLAS CASPIAN confusingly similar, court awards in rem ACPA relief to unopposed plaintiff
January 30th, 2008
1 Comment
Atlas Copco AB v. Atlascopcoiran.com, No. 07-1208, 2008 WL 149128 (E.D. Va. January 8, 2008) Unable to hail the overseas registrants of domain names, including atlascaspian.com and atlascopcoiran.com into a U.S. court, plaintiff Atlas Copco AB sought in rem relief against the domain names under 15 U.S.C. §1125(d)(2)(a). After the defendants failed to answer the [...]
Off topic: Sometimes I take this train
January 30th, 2008
1 Comment
Click here if the video is not showing up in the RSS feed. Night before last I spent three hours on the train ride home. The video above shows the reason for the delay. The train I took that night was backed up and delayed while they sorted out the mess in Hinsdale. Had I [...]
Court rejects constitutional challenges to obscenity statutes in prosecution of adult website owner
January 29th, 2008
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U.S. v. Little, No. 07-170, 2008 WL 151875 (M.D. Fla. January 16, 2008) The operator of the Max Hardcore website was indicted under 18 U.S.C. §§1462 and 1465 for distributing allegedly obscene video files which agents downloaded in Tampa, Florida. Max Hardcore moved to dismiss the indictment, raising a number of constitutional challenges to the [...]
Damage under CFAA must involve some diminution of the system to be actionable
January 28th, 2008
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Garelli Wong & Assoc. v. Nichols, No. 07-6227, 2008 WL 161790 (N.D. Ill. January 16, 2008) A recent decision from the U.S. District Court for the Northern District of Illinois presents a pretty typical fact pattern (employee leaves with sensitive data to work for a competitor), but also gives some useful guidance on the scope [...]
Personal name must have trademark significance for protection under ACPA
January 23rd, 2008
2 Comments
Salle v. Meadows, No. 07-1089, 2007 WL 4463920 (M.D. Fla. December 17, 2007) Defendant Meadows thought that Plaintiff Salle owed him about $9,500. He was apparently having some trouble getting paid, so he registered the plaintiff’s personal name as a domain name – briansalle.com. He then tried to sell it to Salle for the amount [...]
Filter maker says Apple’s trademark threats a bunch of hot air
January 22nd, 2008
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“Lowest perceptive capabilities.” Is that code for “a moron in a hurry“? Chicago-based BlueAir, Inc. has apparently been getting some threats from Apple over BlueAir’s pending trademark registration for the mark AIRPOD, to be used in connection with desk top air purifiers. Apple says AIRPOD will infringe on the IPOD mark. BlueAir has gone on [...]
Anonymous alleged infringer identified with little substantive inquiry into infringement claim
January 22nd, 2008
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[In re Subpoena Issued Pursuant to the Digital Millennium Copyrigt Act to: 43SB.com, No. 07- 6236, 2007 WL 4335441 (D. Idaho, December 7, 2007).] When the general counsel for Melaleuca, Inc. saw some negative content someone had posted about the company on the Web site 43rdstateblues.com, he sent a cease and desist letter demanding the [...]
