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4 Aug 2020, 8:22 am by Eric Goldman
This post will be unusually blunt about my disenchantment with the state of our country, a topic I don’t normally discuss on the blog. [read post]
3 Aug 2020, 7:12 am by Deirdre Kennedy
Not only did appellee’s arguments have virtually no likelihood of success because the seller had waived them, but its actions in bringing the appeal were found to be a tactic to draw out the proceedings as long as possible while knowing that it had no viable substantive defense (Quincy Bioscience, LLC v. [read post]
2 Aug 2020, 4:58 am by Schachtman
The seller’s warning must be reasonably calculated to reach such persons, and the presence of an intermediate party will not by itself relieve the seller of this duty. [read post]
30 Jul 2020, 9:17 am by Camilla Hrdy
  In other words, maybe the consumer buys BRAINSTRONG anyway, even if she knows there is a high chance it won't work or even a small chance it might hurt her.My favorite example of the "materiality" limitation on the deceptiveness bar is the GLASS WAX trademark upheld in Gold Seal Co. v. [read post]
28 Jul 2020, 1:25 am by Jani Ihalainen
Even with this in mind, the CJEU has been set up to answer the question of whether platforms like Amazon can have any liability in relation to the misuse of trademarks by sellers and handed down their judgment on this topic only a few weeks ago.The case of Coty Germany GmbH v Amazon Services Europe Sàrl concerned the sale of knock-off Davidoff perfume on Amazon. [read post]
28 Jul 2020, 1:25 am by Jani Ihalainen
Even with this in mind, the CJEU has been set up to answer the question of whether platforms like Amazon can have any liability in relation to the misuse of trademarks by sellers and handed down their judgment on this topic only a few weeks ago.The case of Coty Germany GmbH v Amazon Services Europe Sàrl concerned the sale of knock-off Davidoff perfume on Amazon. [read post]
28 Jul 2020, 1:25 am by Jani Ihalainen
Even with this in mind, the CJEU has been set up to answer the question of whether platforms like Amazon can have any liability in relation to the misuse of trademarks by sellers and handed down their judgment on this topic only a few weeks ago.The case of Coty Germany GmbH v Amazon Services Europe Sàrl concerned the sale of knock-off Davidoff perfume on Amazon. [read post]
28 Jul 2020, 1:25 am by Jani Ihalainen
Even with this in mind, the CJEU has been set up to answer the question of whether platforms like Amazon can have any liability in relation to the misuse of trademarks by sellers and handed down their judgment on this topic only a few weeks ago.The case of Coty Germany GmbH v Amazon Services Europe Sàrl concerned the sale of knock-off Davidoff perfume on Amazon. [read post]
24 Jul 2020, 7:18 am by Eric Goldman
Sunfrog * Online Marketplace Defeats Trademark Suit Because It’s Not the “Seller”–OSU v. [read post]