Tag Archives: secondary liability

Inconclusive investigation isn’t enough to give knowledge for contributory TM infringement purposes

Posted on March 23, 2016 by rtushnet

Spy Phone Labs LLC v. Google Inc., No. 15-cv-03756-PSG, 2016 BL 86393 (N.D. Cal. Mar. 21, 2016)   SPL registered Spy Phone as a mark (for something, I presume), and submitted its Android app, SPY PHONE Phone Tracker, to Google.  … Continue reading →

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Notice and staydown: new slogan for a bad old idea

Posted on February 8, 2016 by rtushnet

The EFF on why the cleverly named “notice and staydown” proposals are actually just “filter everything” with a better slogan. from Blogger http://ift.tt/1TO0Bl1

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EU public consultation on intermediary liability

Posted on December 3, 2015 by rtushnet

EU Delegation to the US, Public Workshop on the Digital Single Market Strategy, Consultation on Online Platforms, Cloud & Data, Liability of Intermediaries, Collaborative Economy   2003 Directive: recital says that there’s no prohibition for member states to come up … Continue reading →

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Manufacturer not liable for distributor’s false ads

Posted on November 17, 2015 by rtushnet

GOJO Industries, Inc. v. Innovative Biodefense, Inc., 2015 WL 7019836, No. 15 Civ. 2946 (S.D.N.Y. Nov. 12, 2015)   Defendant IBD moved for a preliminary injunction against GOJO and nonparty distributors of GOJO products barring them from making representations that … Continue reading →

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General involvement in app production doesn’t defeat 230

Posted on October 22, 2015 by rtushnet

Free Kick Master LLC v. Apple Inc., 2015 WL 6123058, No. 15-cv-03403 (N.D. Cal. Oct. 19, 2015)   Free Kick Master has a registration for “Free Kick Master,” and sued Apple, Google, and Samsung, alleging that they all offered downloads … Continue reading →

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Notice and Notice Failure at BU part 2

Posted on September 25, 2015 by rtushnet

Annemarie Bridy – Three Notice Failures in Copyright Law   Challenge of making online copyright enforcement meaningful. Notice is intimately connected to justice: usually required (except with strict liability).  Failures to appreciate its necessity/failures to appreciate its sufficiency.   Uncertain: … Continue reading →

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Just another lawsuit out of Boston

Posted on September 24, 2015 by rtushnet

Scholz v. Goudreau, 2015 WL 5554012, No. 13-cv-10951 (D. Mass. Sept. 21, 2015)   Scholz and Goudreau were both members of the band Boston.  Goudreau played guitar on the band’s first two albums, performing with it from 1976-1979 before leaving … Continue reading →

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A pox on both their steel buildings: unusual copyright and false advertising rulings

Posted on September 21, 2015 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, — F. Supp. 3d –, No. 13-cv-00769, 2015 WL 5353080 (D. Colo. Sept. 15, 2015)   A bizarre copyright fair use ruling mars this iteration of this long-running, bitter dispute between the parties, … Continue reading →

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11th Circuit recognizes contributory false advertising theory

Posted on August 12, 2015 by rtushnet

Duty Free Americas, Inc. v. Estee Lauder Companies, Inc., — F.3d —- (2015), 2015 WL 4709573, No. 14–11853 (11th Cir. Aug. 7, 2015)   Plaintiff DFA operates duty free stores in many international airports nationwide.  It sued Estée Lauder, arguing … Continue reading →

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ISHTIP at Penn, Part 5

Posted on July 23, 2015 by rtushnet

Session 3 | Marianne Dahlén (Uppsala University, Sweden), Moderator   Design and Copyright: An Open Question? Stina Teilmann-Lock (University of Southern Denmark) Commentator | Jessica Silbey (Northeastern University)   Openness in the law for fair followers?  Design in law in … Continue reading →

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