Why the Judge’s Decision Was Right (but Feels Wrong) In my last two posts, I described the general contours of the First Amendment right to speak online anonymously, the steps a plaintiff must take to reveal an anonymous defendant’s identity, and how a defendant...
And the Legal Trail Plaintiffs Can Follow Through the Internet to You In my last blog entry, I said I wanted to discuss this opinion, issued out of West Coast Productions Inc. v. Does, in which some independent filmmakers sued 5829 anonymous defendants for allegedly...
And its Limtits… Explaining the Decision to Disclose All Anonymous Defendants’ Identities in Blue Coast Productions v. Does While I was literally “between offices” last month, this decision was handed down in a high-profile case, West Coast Productions,...
Or, What Amazon’s Generic-ness Argument Can Teach Us About the Nature of a Trademark I’ve had a few questions about what is perhaps the most controversial part of the Apple v. Amazon decision: the court’s conclusion that APP STORE is not generic. The court...
And What You Can Learn About Trademark Law In my last post, we set the stage for the trademark conflict between Apple and Amazon over APP STORE, and saw that Apple operated under a number disadvantages. In particular, Apple lacked a U.S. trademark registration, and...
