Posts Tagged ‘infringement’

If you critique SOPA, read the text. If you read the text, read it right.

Earlier this week Eriq Gardner speculated in a tweet that less than one tenth of one percent of folks have actually read the SOPA legislation. I bet he’s right. It’s good to read the statute. But what might be worse than not reading it is reading it wrongly and thereafter propagating misunderstanding. One of the [...]

No deposition of account holder allowed until he is named as defendant in BitTorrent copyright case

Hard Drive Productions, Inc. v. Doe, 2012 WL 90412 (E.D. Cal. July 11, 2012) In a mass copyright infringement suit, plaintiff served a subpoena on an internet service provider and got the identifying information for the account holder suspected of trading a copy of a movie via BitTorrent. The account holder was uncooperative with plaintiff’s [...]

Use of trademark in gripe site subdomain was not likely to cause confusion

Ascentive, LLC v. Opinion Corp., 2001 WL 6181452 (E.D.N.Y. December 13, 2011) Plaintiffs sued gripe site pissedconsumer.com for trademark infringement and other forms of unfair competition. The court denied plaintiffs’ motion for preliminary injunction. It found, among other things, that defendants’ use of plaintiffs’ trademarks as subdomains (e.g., ascentive.pissedconsumer.com) was not likely to cause confusion. [...]

Video: my appearance on the news talking about isanyoneup.com

Last night I appeared in a piece that aired on the 9 o’clock news here in Chicago, talking about the legal issues surrounding isanyoneup.com. (That site is definitely NSFW and I’m not linking to it because it doesn’t deserve the page rank help.) The site presents some interesting legal questions, like whether and to what [...]

Customer reviews on social media provide important evidence in trademark dispute

Chipotle Mexican Grill, Inc. v. Chipotles Grill of Jonesboro, Inc., 2011 WL 2292357 (E.D. Ark. June 9, 2011) The awesome burrito place Chipotle sued another restaurant that called itself Chipotles for trademark infringement. Plaintiff sought a preliminary injunction. The court granted the motion. One of the most important factors in the court’s decision to grant [...]

More subpoenas on the way to identify John Doe BitTorrent users in copyright cases

First Time Videos v. Does 1-37, 2011 WL 1431619 (N.D. California, April 14, 2011) Hard Drive Productions v. Does 1-118, 2011 WL 1431612 (N.D. California, April 14, 2011) There have been a couple of new cases filed in federal court in California alleging that unknown BitTorrent users committed copyright infringement and engaged in civil conspiracy [...]

Court leaves thousands of BitTorrent copyright infringement defendants joined in single action

Call of the Wild Movie v. Does 1 – 1,062 — F.Supp.2d —, 2011 WL 996786 (D.D.C. March 22, 2011) One of the craziest things about the copyright infringement lawsuits that have been brought against BitTorrent users accused of trading movies over the internet is the vast number of John Doe defendants that are usually [...]

Smoked turkey company alleges that competitor infringed copyright in directions

Greenberg Smoked Turkeys, Inc. v. Goode-Cook, Inc., No. 10-621, (Complaint filed November 23, 2010, E.D. Texas) [Download the Complaint] Happy Thanksgiving. I’m grateful for your continued support and interest in Internet Cases. It truly is a pleasure to write these posts and to get your feedback and engagement. And it’s also a pleasure to bring [...]

Court orders anonymous accused Bittorrent defendants to be identified

West Bay One v. Does 1 – 1,653, — F.Supp.2d. —, 2010 WL 3522265 (D.D.C. September 10, 2010) Achte/Neunte Boll Kino Beteiligungs v. Does 1 – 4,577, — F.Supp.2d —, 2010 WL 3522256 (D.D.C. September 10, 2010) In mass copyright infringement cases against alleged traders of copyrighted movies via Bittorrent, unknown defendants had no reasonable [...]

Court denies motion to dismiss AdWords trademark infringement case

FragranceNet.com, Inc. v. Les Parfums, Inc., — F.Supp.2d —, 2009 WL 4609268 (E.D.N.Y. December 8, 2009) FragranceNet.com sells perfume online. It sued several of its competitors, claiming trademark infringement and other causes of action like unfair competition and unjust enrichment, over the defendants’ alleged purchase of variations of the term “fragrancenet” to trigger sponsored links [...]

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