As an intellectual property copyright freedom litigator, I have represented and been counsel to adult publishers. In general, one has to realize that this is the United States and that any case with adult content involved has the potential to make bad law. It is almost pointless to debate the legal reasoning here. Mike Masnick is brillian, I follow him closely, quote him often, and I know he is not naive about judges working backwards from a conclusion.
At the very minimum, the ISP attorney ought to review the subpoena and underlying litigation facts and determine whether she believes the subpoena is valid as a matter of law and jurisdiction.
If the ISP attorney determines it is not valid, she ought to challenge it.
If she believes it is valid, she ought to notify the ISP customer and afford her the opportunity to quash it.
First, I think it shocked most attorneys that the trial court held in favor of Advertising.com. For me, close to an embarassment for the legal profession.
The real fight is to get rid of competitor names that would tend to rank high on a Google search.
The legal rhetoric is confusion, but the game is SEO.
Sometimes a competitor will select a trademark or symbol that resembles a competitor's brand to let the public know that its product is a parallel product. It is not meant to fool the public, but to make an association. Try Wikileaks, for example. I have not reviewed the facts of this case, so I would withhold judgment at this time.
On a quick search, I came across this opinion for someone at Davis and Gilbert: "There is no relationship between ticker symbols and the trademark law. But letters can be registered under the trademark laws. So if a company is
assigned a ticker symbol eg. DVD and it wants to register it as trade dress, they can (If not registered by anybody already) Examples are VW, ABC and NBC. This is no way a legal advise. Wilson Addo Davis & Gilbert
There is nothing worse than rules that cannot be enforced or run against logic and instinct. Very few people in the United States know the origins and history of copyright, so their moral compass is set soley in relation to the "law."
Use the auction proceeds for a defense fund. I would work for $49.99 an hour to pull out my light saber and brandish it in the Southern District of New York.
Techdirt has not posted any stories submitted by Christopher Meatto.
adult content often makes bad law
As an intellectual property copyright freedom litigator, I have represented and been counsel to adult publishers. In general, one has to realize that this is the United States and that any case with adult content involved has the potential to make bad law. It is almost pointless to debate the legal reasoning here. Mike Masnick is brillian, I follow him closely, quote him often, and I know he is not naive about judges working backwards from a conclusion.
ISP and Subpoena
At the very minimum, the ISP attorney ought to review the subpoena and underlying litigation facts and determine whether she believes the subpoena is valid as a matter of law and jurisdiction.
If the ISP attorney determines it is not valid, she ought to challenge it.
If she believes it is valid, she ought to notify the ISP customer and afford her the opportunity to quash it.
It is that simple.
all about knocking competitors out of search engine
First, I think it shocked most attorneys that the trial court held in favor of Advertising.com. For me, close to an embarassment for the legal profession.
The real fight is to get rid of competitor names that would tend to rank high on a Google search.
The legal rhetoric is confusion, but the game is SEO.
Slightly more complicated
Sometimes a competitor will select a trademark or symbol that resembles a competitor's brand to let the public know that its product is a parallel product. It is not meant to fool the public, but to make an association. Try Wikileaks, for example. I have not reviewed the facts of this case, so I would withhold judgment at this time.
On a quick search, I came across this opinion for someone at Davis and Gilbert: "There is no relationship between ticker symbols and the trademark law. But letters can be registered under the trademark laws. So if a company is
assigned a ticker symbol eg. DVD and it wants to register it as trade dress, they can (If not registered by anybody already) Examples are VW, ABC and NBC. This is no way a legal advise. Wilson Addo Davis & Gilbert
a rules based society
There is nothing worse than rules that cannot be enforced or run against logic and instinct. Very few people in the United States know the origins and history of copyright, so their moral compass is set soley in relation to the "law."
defense fund
Use the auction proceeds for a defense fund. I would work for $49.99 an hour to pull out my light saber and brandish it in the Southern District of New York.