Trademarks


After the deluge, more deluge

If I ever had any hope of “keeping up” with developments in the regulation of information technology—or even the nine specific areas I explored in The Laws of Disruption—that hope was lost long ago.  The last few months I haven’t even been able to keep up just sorting the piles of printouts of stories I’ve [...]

Viacom v. YouTube: The Principle of Least Cost Avoidance

I’m late to the party, but I wanted to say a few things about the District Court’s decision in the Viacom v. YouTube case this week and.  This will be a four-part post, covering: 1.  The holding 2.  The economic principle behind it 3.  The next steps in the case 4.  A review of the [...]

EBay Wins Important Victory Against Tiffany

As the Wall Street Journal is already reporting, today eBay sustained an important win in its long-running dispute with Tiffany over counterfeit goods sold through its marketplace.  (The full opinion is available here.) I wrote about this case as my leading example of the legal problems that appear at the border between physical life and [...]

Google v. Everyone

I had a long interview this morning with the Christian Science Monitor .  Like many of the interviews I’ve had this year, the subject was Google.    At the increasingly congested intersection of technology and the law, Google seems to be involved in most of the accidents. Just to name a few of the more recent [...]

Note to eBay: A Chink in the Amazon Armor?

I don’t usually blog “personal” stories, but this one is irresistible.  It raises disturbing questions at the border of digital and physical life, and legal problems of trademark and the emerging issues of cloud computing and data liability. EBay, as everyone knows, has been struggling to improve its customer experience in the light of disappointing [...]