A long-running trademark case between two real estate companies over the mark DEWBERRY reached the U.S. Supreme Court, which ruled that the lower court improperly awarded profits from non-party companies. The decision clarified that only a named defendant's profits – not those of its affiliates – can be recovered in a trademark infringement case. The [...]
The City and County of San Francisco sued the Port of Oakland and the City of Oakland alleging trademark infringement and unfair competition. The dispute began when Oakland renamed its airport "San Francisco Bay Oakland International Airport," which San Francisco claimed created confusion and harmed the brand of its own airport, San Francisco International Airport [...]
In the months leading up to the FDA shutting down plaintiff’s business, one of the co-owners of the business left and set up a competing enterprise. For a few weeks, the former co-owner set plaintiff’s domain name to forward to the new company’s website. Plaintiff sued and the court held that redirecting the URL was [...]
Because ISP acted as a conduit for the transmission of material that allegedly infringed copyright, it fell under the DMCA safe harbor in 17 U.S.C. § 512(a), and therefore § 512(h) did not authorize the subpoena issued in the case. Some copyright owners needed to find out who was anonymously infringing their works, so they [...]
Dissenting in the court’s refusal to rehear an appeal en banc, Judge Elrod of the Fifth Circuit Court of Appeals – joined by six of her colleagues – penned an opinion that sharply criticized the broad immunity granted to social media companies under Section 230 of the Communications Decency Act. The dissent emerged in a case [...]
