Archive for March, 2008

1-800-SKI-VAIL found not to infringe VAIL ski resort mark

Vail Associates, Inc. v. Vend-Tel-Co., Ltd., — F.3d —-, 2008 WL 342272, (10th Cir. February 7, 2008) [Brian Beckham is a contributor to Internet Cases and can be contacted at brian.beckham [at] gmail dot com.] Vail Associates, owner of the incontestable service mark VAIL (which is used in connection with a wide variety of skiing [...]

New contributor to Internet Cases: Brian Beckham

I’m pleased to welcome Brian Beckham, the newest contributor to Internet Cases. Brian is currently based in Switzerland as a Case Manager with the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center. He’s licensed to practice law in Virginia, and while he was practicing in the states, he focused on trademark law (as well [...]

NASCAR beat to checkered flag in domain name dispute

[Brian Beckham is a contributor to Internet Cases and can be contacted at brian.beckham [at] gmail dot com.] Complainant NASCAR filed a complaint under the Uniform Domain Name Dispute Resolution Policy (“UDRP”) against The Racin’ Connection, Inc. over the domain name nascartours.com. In the stock car racing business since 1948, NASCAR is a household name [...]

“Copyright misuse” not an independent cause of action

Ticketmaster L.L.C. v. RMG Technologies, Inc., — F.Supp.2d —-, 2008 WL 649788 (C. D. Cal. March 10, 2008) Last October I wrote about a decision from the U.S. District Court for the Central District of California in the case of Ticketmaster L.L.C. v. RMG Technologies, Inc. You may recall that the court granted an injunction [...]

CD-ROM is not a computer

GWR Medical, Inc. v. Baez, No. 07-1103, 2008 WL 698995 (E.D.Pa. March 13, 2008) Now there’s a revelation in that headline. Plaintiff GWR Medical terminated defendant Baez’s position with the company. Baez took with him a CD-ROM containing training materials and, the company alleged, trade secrets. When Baez wouldn’t return the CD, GWR sued him [...]

Seventh Circuit sides with Craigslist in Section 230 case

The legal blogosphere is abuzz with last Friday’s ruling in the case of Chicago Lawyers’ Committee for Civil Rights Under Law, Inc. v. Craigslist, Inc., — F.3d —-, 2008 WL 681168 (7th Cir. March 14, 2008). In a highly-anticipated opinion, Judge Easterbrook upheld the district court’s opinion, holding that under 47 U.S.C. 230, Craigslist could [...]

Court lifts injunction off of Wikileaks

Court Lifts Injunction Against Web Site Accused of Posting Confidential Banking Documents [Bank Julius Baer & Co. Ltd v. Wikileaks, --- F.Supp.2d ----, 2008 WL 554721 (N.D.Cal. February 29, 2008)] Switzerland-based Bank Julius Baer sued the Web site Wikileaks.org and the registrar of the domain name, and sought an injunction against the publication on the [...]

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