This post is an update to our August 27th post where we reported that a District Court in California held that privacy settings on Facebook and MySpace do actually matter.
On May 26th, the U.S. District Court for the Central District of California ruled that, under the Stored Communications Act of 1986, postings to a user’s Facebook “wall” (and, similarly, to the “comments” page on MySpace – although nobody actually uses MySpace anymore) are considered private so long as the user has his privacy settings set such that only “friends” can see his wall postings.
In a landmark decision, released (coincidentally?) on the first day of the International Trademark Association’s Annual Meeting, the U.S. Supreme Court held, in American Needle, Inc. v. National Football League, that the NFL’s licensing activities are covered by Section 1 of the Sherman Antitrust Act which prohibits “every contract, combination in the form of a trust or otherwise, or, conspiracy, in restraint of trade.” As a result, the NFL will now be required to demonstrate, on remand, that such activities comport with the so-called “Rule of Reason.”
You may have heard that on Thursday, December 10th, The North Face Apparel Corp. (home page here) sued 19-year old entrepreneur (and, apparently, amateur comic) Jimmy Winkelmann in a Missouri District Court for trademark infringement arising out of a parody Mr. Winkelmann created out of The North Face’s rather well known logo.
- Intellectual Property
- Social Media
- Medical Marijuana
- Trademark Litigation
- United States Patent and Trademark Office
- Craft Brewing
- Trademark Trial and Appeal Board
- Federal Trademark
- Amazon's Brand Registry
- Medical Cannabis Dispensaries
- Registered Trademark
- Drug Enforcement Agency
- E-Discovery Case Law
- Uniform Trade Secrets Act
- Regulation Fair Disclosure
- Securities Law
- Securities Regulation
- Generic.com Terms Are Not Per Se Generic
- EU Trademarks Post-Brexit: Now What?
- Don’t end up on The Elf on the Shelf’s naughty list!
- Stay Out of Trouble With the Federal Trade Commission
- "Aloha Poke": Social Media and Consumer Perception are Part of the Trademark Enforcement Equation
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- Trademark Registration Practice is Officially…umm…Well, You’ll See
- Booze is Booze, Right? Not so fast...
- Enroll in Amazon’s Brand Registry 2.0… But Only if You Own a Registered Trademark
- Fiona Versus the Counterfeiters: What About Her Rights?