Category Archives: Cases

Links of Note – April 22 2016

Here are this week’s links from Twitter (@Cyberlaw):

Disparaging Trademarks: The Skin-ny on The Slants

Here’s my presentation to the Chicago Bar Association on April 6, 2016 on “Disparaging Trademarks: The Skin-ny on The Slants.” In my talk, I explained how Section 2(a) works when the mark is considered disparaging of an identifiable group, how it was ruled unconstitutional in the recent en banc decision of the Federal Circuit in… Continue Reading

Trademark Clearinghouse, ReDigi, and More First Sale Doctrine Issues

Here’s a link to my post on the firm’s blog about the new Trademark Clearinghouse that is coming online for use with the new top level domains: http://blog.davismcgrath.com/2013/04/05/using-the-trademark-clearinghouse-for-the-new-gtlds/ I’ve been meaning to write my own post regarding the ReDigi case, but in the meantime here are links to two good ones by Venkat Balasubramani and… Continue Reading

SOPA and other @Cyberlaw Links

The news this week has been dominated by discussions of the Stop Online Piracy Act, or SOPA, that had congressional hearings this week. I really liked the following discussions of SOPA: Why I Oppose the Stop Online Piracy Act (SOPA)/E-PARASITES Act Eric Goldman has a great summary of the bill and its problems. Well recommended… Continue Reading

Court awards $214 Million for DMCA Circumvention

The recent decision by the United States District Court for the Southern District of California in the Echostar Satellite LLC v. Viewtech case, Civil Case No. 07cv1273 BEN (WVG), 2011 WL 1522409 (S.D.Cal.), is interesting mainly for the amount of statutory damages awarded. The defendants had been manufacturing receivers that circumvented the copy protection in… Continue Reading

“John Doe” Filesharing Lawsuits

As I wrote in a post on our firm blog back in December, I have been answering lots of questions from those receiving notices from their ISP relating to lawsuits over the filesharing of copyrighted material with the BitTorrent protocol. For those seeking more information, the EFF has a great page of subpoena defense resources… Continue Reading

ACLU challenges Suspicionless Laptop Border Searches

Today, the ACLU and related parties filed a class-action lawsuit challenging the U.S. Government’s policy of allowing suspicionless searches and seizures of laptops and other electronic devices at the border. The allegations include violations of the First and Fourth amendments. It is seeking a declaration that the Department of Homeland Security policies, which are restatements… Continue Reading