We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 11

Going once, going twice: Second Circuit affirms counterfeit sales on eBay do not amount to contributory trademark infringement

  • Dentons
  • -
  • USA
  • -
  • April 22 2010

The Second Circuit affirmed that eBay cannot be held liable for trademark infringement due to the sale of counterfeit goods on its Web site, as long as the online auction leader takes steps to remove those items and is not willfully blind to their presence

All sides claim victory in Tiffany v. eBay: 2nd Circuit holds eBay sales of faux Tiffany goods do not constitute contributory trademark infringement

  • Dentons
  • -
  • USA
  • -
  • April 13 2010

In a carefully crafted opinion, the 2nd Circuit held on April 1, 2010, that eBay Inc. (eBay) did not engage in contributory trademark infringement where it had only "general knowledge" that its online auction service was being used to sell counterfeit goods from high-end jewelry maker Tiffany, Inc

Court tells wireless giant: cashing in on famous pilot's accomplishments won't fly

  • Dentons
  • -
  • USA
  • -
  • January 12 2010

A federal court has denied summary judgment in Charles E. "Chuck" Yeager's suit against Cingular Wireless in which the legendary pilot claims the company used his historic achievement as a pilot for commercial purposes in violation of the Lanham Act and California's common law right to privacy and right to control publicity and likeness

Trademark distinctiveness test gets a "check" from the Ninth Circuit

  • Dentons
  • -
  • USA
  • -
  • January 12 2010

In a warning to would-be cybersquatters and others who seek to capitalize on the value of Internet domain names, the Ninth Circuit clarified the legal standard for trademark distinctiveness in David Lahoti v. Vericheck Inc., No. 08-35001 (9th Cir. Nov. 16, 2009), which involved the mark "VeriCheck."

Fourth Circuit finds it takes more than talent to protect a mark

  • Dentons
  • -
  • USA
  • -
  • June 12 2009

B & J Enterprises Ltd., which has used, but never registered, the mark Washington Talent Agency since 1967, failed to convince the Fourth Circuit to overturn a summary judgment in favor of Ken Giordano and his business, Albrecht Entertainment Services Incorporated, which registered the domain name www.washingtontalentagency.com as a portal to the USA Talent Agency Web site

Rescuecom Corp. v. Google Inc.: Second Circuit holds keyword advertising is a “use in commerce”

  • Dentons
  • -
  • USA
  • -
  • April 14 2009

In an unusually crafted opinion, the Second Circuit on April 3 held that Google Inc.'s ("Google") recommendation and sale of Rescuecom Corp.'s ("Rescuecom") trademark to competing advertisers constituted a "use in commerce" sufficient to survive a motion to dismiss under the Lanham Act

The wire on fire: "hot news" applied to online content in AP suite

  • Dentons
  • -
  • USA
  • -
  • April 1 2009

In the first decision to recognize the "hot news" doctrine as applicable to online content, the U.S. District Court for the Southern District of New York denied a motion to dismiss filed by defendant All Headline News Corp. in a copyright infringement action brought by the Associated Press (Associated Press v. All Headline News Corp., 2009 WL 382690 (Feb. 17, 2009 S.D.N.Y

How safe is the DMCA's "safe harbor"?

  • Dentons
  • -
  • USA
  • -
  • March 11 2009

In a copyright infringement case, a California court extended the scope of protection under the Digital Millennium Copyright Act's ("DMCA") "safe harbor" provision for service providers

It ain't over 'til it's over - mistrial scuttles RIAA victory

  • Dentons
  • -
  • USA
  • -
  • September 25 2008

Yesterday, Chief Judge Michael Davis of the U.S. District Court for the District of Minnesota declared a mistrial in the only RIAA file trading suit to see the inside of a courtroom, nearly one year after a Duluth jury found that Jammie Thomas had willfully infringed 24 copyrighted works and awarded $222,000 in statutory damages

Meta-tags trade-mark infringement?

  • Dentons
  • -
  • USA
  • -
  • May 21 2008

A U.S. Court of Appeals recently rendered an interesting decision regarding a relatively novel claim of trade-mark infringement relating to certain Internet practices