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9 May, 2007 4:54 pm
By Eric Goldman Site Pro-1, Inc. v. Better Metal, LLC, 06-CV-6508 (ILG) (RER) (E.D.N.Y.
May 9, 2007) The ... to the complaint make clear that Better Metal did not place plaintiff's SITE PRO
1® trademark on any of its goods, or any advertisements or displays associated with the sale of its goods. Complaint, Ex. B ... the link to Better Metal's website nor the
surrounding text mentions SitePro1 or the SITE PRO 1® trademark. The same is true with respect
to Better Metal's metadata, which is not displayed ...
29 Dec, 2008 9:53 pm
... food irradiation (American Meat Institute, 1993; Bruhn, 2001) • A survey conducted at FoodNet sites in 1998-1999, indicated that the primary reason consumers would not buy
irradiated foods ( ... this series (Part V), the pros and cons of FDA's new rule will be summarized, and the potential "next steps for action" presented. References 1.
Altekruse, S. F ... and Quality. Loaharanu P. and P. Thomas (eds). Technolmic Publishing Company, Inc., Lancaster, PA. p. 174- 7. 23. Kunstadt, P. 2001a. Economic and ...
1 Jul, 2007 4:05 pm
... ILB entry quoted from two Wall Street Journal articles, the first from Dec. 1, 2005, titled "Trial-less Lawyers: As more cases settle, firms seek ... get referrals. Volunteer
Lawyers for the Arts Inc. "gives first crack at desirable cases" to firms that contribute. More on the boom in pro bono in general. A
press release from Winston ... income pegged to 200 percent of federal poverty guidelines." Re issues about what constitutes pro bono reported
in earlier ILB entries, see this entry from Nov. 15, 2005 ...
2 Aug, 2008 12:54 am
... industrial application: Eli Lilly & Co v Human Genome Sciences Inc; (IPKat), US: FDA seeks input on FDCA § 301(ll) prohibition on introducing ... mobiles is jailed and
fined in China: (Rouse & Co International), Investigation of site conducting online sales of pirated software: (Rouse & Co
International), Sisley ... 46), Beauty, Beast and Hunchback score dramatic victory - Disney Enterprises Inc. sues German Concert Promoter: (IPKat), Exemplary damages / wilful
infringement - presentation ...
28 Dec, 2007 3:48 pm
... "political suicide!" Because if they do, the opposition will claim you are "pro-pedophile" or "pro-sex offender" to try to make you look bad, and they ... Media Personnel Police Officers Probation Officers Registry Republican Hypocrisy (Part 1)
Republican Hypocrisy (Part 2) Teachers Other Abuse Internet Related Crimes ... Center for Sex Offender Management Child Molestation Research and Prevention Institute, Inc.
Corrupted Justice | Forums eAdvocate Ethical Treatment for All Youth Families for Fairness ...
26 Feb, 2007 6:00 am
... the Communications Decency Act (CDA). Langdon v. Google, Inc., No. 1:06-cv-319, 2007 U.S. Dist. LEXIS 11902 (D. Del. Feb. 20, 2007). In dismissing the pro se plaintiff's constitutional and fraud-based claims against various search engines, the court found that compelling the defendants to accept the
plaintiff's ads and "honestly" rank his Web site in search rankings is precluded by the search engine's First Amendment rights and by the CDA,
which provides immunity from ...
1 Sep 1:24 am
... s Amazon Basin. The company posted two hours worth of videotaped conversations on a Web site dedicated to telling Chevron's side of the
story in the case, along with a letter to Ecuador's ... Jed S. Rakoff said an alleged oral contract by Starr International Co. Inc. to hold in trust AIG stock for AIG's benefit
was unenforceable. "'Put it in writing' ... IP litigation is more in that category," said Weinstein. Three New Web Sites Target Legal Pros Law Technology News Attorney
Robert J. Ambrogi reviews ...
28 Dec, 2007 12:31 am
... .Y.2006) (dismissing trademark-violation claim based on sponsored linking); Site Pro-1,
Inc. v. Better Metal, LLC, 506 F.Supp.2d ... claim based on sponsored linking); Gov't Employees Ins. Co. v. Google, Inc., 330 F.Supp.2d 700 (E.D.Va.2004) (same). ... uses
of a plaintiff's mark are "use" under the Lanham Act. Playboy Enters., Inc. v. Netscape Commc'ns Corp., 354 F.3d 1020 (9th ... used plaintiff's mark to trigger pop-up
advertisements); Australian Gold Inc. v. Hatfield, 436 F.3d 1228 (10th Cir.2006) (same ...
9 Sep, 2008 4:58 pm
... meta tags to provide the searcher a brief description of the web page. Brookfield Commc'ns, Inc. v. W. Coast Entm't Corp., 174 F.3d 1036, ... attract potential customers of
the plaintiff using search engines to find the plaintiff's web site. The case is Venture Tape v. McGill tried in U.S. District Court by ... .
v. Banks, (E.D. Wis. April 2008); Site Pro-1, Inc. v. Better Metal, (E.D.N.Y. May 2007)
and S & L Vitamins, Inc. v. Australian Gold, Inc., (E.D.N.Y. Sept. 2007). For an in depth treatment of ...
14 May, 2007 7:32 pm
... " to trigger sponsored links on Yahoo! The facts of the case were "straightforward and not in dispute": the mark SITE PRO-1 did not appear in the sponsored search results linking to Better Metal's website. Better metal moved to dismiss the complaint under FRCP
12(b)(6). The court granted the motion. Relying heavily on the cases of 1-800 Contacts v. When-U, 414 F.3d 400 (2d Cir. 2005), Merck & Co., v. Mediplan Health Consulting,
Inc., 425 F.Supp.2d 402 (S.D.N.Y. 2006), and Rescuecom Corp. v. ...
28 Jun, 2007 12:26 pm
By Eric Goldman FragranceNet.com, Inc. v. FragranceX.com, Inc., 2007 WL 1821153 (E.D.N.Y. June 12, 2007) This case shows the deepening split between the Second ... :
Merck, Hamzik wrt keyword triggering only and Site Pro-1). (As an added bonus, this case, like
the Site Pro-1 case, says that keyword metatags aren't a ... ruling! I don't know if it will
help other courts recognize the errors in the existing pro-plaintiff precedent, but it's a persuasive and thoughtful opinion that future courts
need to ...
8 Oct, 2007 5:49 pm
By Eric Goldman S & L Vitamins, Inc. v. Australian Gold, Inc., 2:05-cv-1217 (E.D.N.Y. Sept. 30, 2007) If it wasn't so ... NY federal court saying that advertisers
don't make a trademark use in commerce when buying keywords, joining the Merck, Hamzik, Site Pro-1 and FrangranceNet courts (a sixth NY federal court opinion, the Rescuecom case, reached the same conclusion with respect to keyword sales). Other
Issues The remainder of the opinion includes lots of other interesting discussion, including ...
24 Apr, 2008 2:49 pm
By Eric Goldman Standard Process, Inc. v. Banks, 2008 WL 1805374 (E.D. Wis. April 18, 2008) SEOs and SEMs have known for years ... as an accurate and definitive statement of how
search engines operate today. Prime offender #1: the recent 11th Circuit hairball in National American Medical v. Axiom, where the court may not ... the keyword metatags based on
a variety of theories, including a lack of a use in commerce (ex: Site Pro-1, S&L
Vitamins), insufficient likelihood of consumer confusion (ex: JG ...
23 Aug, 2007 4:04 pm
... free weekly email. NLRB - Staff summarized 7 decisions. All Pro Vending, Inc. (5-CA-32734; 350 NLRB No. 46) Baltimore, MD ...
adopted the judge's finding that the Respondent violated Section 8(a)(5) and (1) by withdrawing recognition because the Respondent did not prove that the Union had lost ...
8(a)(1) based on a statement made to employees by a foreman in the presence of an admitted supervisor, i.e., that unionized employees had to provide their own transportation to
work sites. It was the Respondents ...
13 Jun, 2008 3:40 am
... Fake products flood Kenyan market: (IP Kenya), South Africa: First fan site decision in dispute between Automobiles Citroen and
citroen.co.za domain name ... Cameron Storage: (IPRoo), TMO decides SIX IN THE CITY registrable: Home Box Office, Inc v Susan Stigwood Pty Ltd: (IPRoo), Employment qualifications
for registered patent ... (Patently-O), Libertarian VP candidate... patent hoarder?: (Techdirt) US Copyright PRO IP Act - Are IP police on the
horizon in the US?: (The Gray Blog), Copyright Alliance ...
16 Sep 11:42 pm
... "Re-Branding Madness in Washington" Overlooks Obvious: The Washington Redskins," discussing the trademark cancellation action that I filed on behalf of seven prominent Native
American leaders back in September 1992 (Harjo et al v. Pro-Football, Inc.), and calling for the football team to "hire a branding guru
to engage in some serious and successful re-branding." Well, the 2009 football season is now upon us, and it appears my re-branding call ...
3 Apr 5:10 am
... garnered national attention, the online game was pulled off the popular social networking site last summer after Hasbro, maker of Scrabble,
filed a lawsuit claiming copyright ... Angelina Jolie -- to create a pro bono program geared toward children. Mark Stachiw, 47, MetroPCS
Communications Inc. During his 2 1/2 years ... enjoyed a long career as in-house counsel for companies such as Little Caesar Enterprises Inc. and Highland
Superstores before going to Timberland in 1997. At Timberland, which is based ...
25 Oct, 2007 3:52 pm
... do you want the world to see who you are exactly? It's your choice. This is from SBGLW web site, showing her attacking me with nothing but
lies: September 23, 2007 Lies, ... are wrong. I talk about the draconian nature of these laws. Again, I am not pro-pedophile or pro-sex offender which you like to say I am. If you would ... MAKEADIAPERCAKE.BIZ Domain ID: D7645860-BIZ Sponsoring Registrar: WILD WEST DOMAINS, INC.
Sponsoring Registrar IANA ID: 440 Domain Status: clientDeleteProhibited Domain Status: ...
9 May, 2008 10:30 pm
... rating site draws criticism: (IP Law360), What Adam Smith taught the founding fathers: (Patent Prospector) US Copyright House Judiciary
Committee passes PRO IP ... copyright infringement on YouTube: (Ars Technica), (IP Law360), isoHunt - BitTorrent tracker site, isoHunt, tries 'just a search engine' defense in copyright infringement case brought ... accused product where claims identical: Juxtacomm Tech,
Inc v Ascential Software Corp: (EDTexweblog.com), LG - LG, L-1 Identity Solution reach deal in iris ...
19 May 2:51 am
... work arrangements. Lawyers can often change their schedules or work off-site to accommodate family or other needs. They provide their
lawyers with hands-on experience ... excellent, but the department was named an "Outstanding Volunteer" by the Pro Bono Partnership for its
work with nonprofits in 2008. And on May 1 the group won the New York State Bar ... billion General Counsel: William Von Hoene Number of In-House Lawyers: 59 Pro's: Uses a system to encourage, track, and reward diversity, both in-house ...
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