Very true. That is what I deserve for being lazy. (I had hoped the case citations were evidence enough.)
Take 2 (for some reason all of my comments keep getting held for moderation.)
Yahoo did indeed file the suit to get jurisdiction of their choice. The MN court has already heard this issue and held against the NFL (CBS Interactive, Inc. v. Nat. Football League Players Inc., 70:08-cv-0597-ADM-SRN (D. Minn.))
Whereas the NFL won a similar lawsuit in Florida (Gridiron.com, Inc. v. Nat'l Football League, Player's Ass'n, Inc., 106 F. Supp. 2d 1309, 1315 (S.D. Fla. 2000))
Thus given the NFL's threat in seems clear that Yahoo wanted to file first to get a jurisdiction with better precedent.
Likelihood of confusion = 0.
Cost of filing the suit = high.
Cost of rewriting trademark law = higher (would be cheaper if everybody pooled resources but have a public good problem.)
Thus:
trademark law's obligation to protect = happy attorneys ...
Mike,
Great article! I think you got it exactly right when you said:
The news is important, but people want to be able to share the news, spread the news and discuss the news -- and you can't do that when it's behind a paywall. The very act of putting up a paywall diminishes the value of the content.
Thank goodness
Glad to see that the Twitter didn't settle. Way to go AP for providing another example of why main stream news is failing.