Category Archive: Commentary

After filing over 275 lawsuits in almost 18 months, it seems as though Righthaven, LLC (“Righthaven”) may have run out of steam. Righthaven, a Nevada holding company, was founded in early 2010, for the sole purpose of filing copyright lawsuits on behalf of its clients, news content owners (such as Stephens Media).  Its methods involved …

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Permanent link to this article: http://cobaltlaw.com/the-end-of-righthaven-lessons-from-a-serial-copyright-plaintiff/

In a decision handed down by the Court of Justice of the European Union on July 12, 2011, eBay has been found to be potentially jointly liable for trademark infringement along with individuals selling infringing goods on the eBay auction site because it had prior knowledge of the infringement.  Paris-based cosmetics company L’Oréal brought the …

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Permanent link to this article: http://cobaltlaw.com/loreal-v-ebay-inc-european-courts-differ-from-u-s-courts-when-it-comes-to-website-liability-for-trademark-infringement-by-users-of-the-site/

While the King of Pop has passed to his eternal resting place, he leaves behind more than devastated fans, mourning family members, legendary dance moves, and record breaking statistics. With his demise, we have learned that Michael Jackson amassed a substantial intellectual property portfolio, demonstrating a creativity well beyond his musical talents and leaving some …

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Permanent link to this article: http://cobaltlaw.com/michael-jacksonthe-king-of-ip/

Commentary: “What do I care about what some narcissistic idiot had for breakfast? Twitter is the dumbest thing I’ve seen on the Internet so far.” That’s the response I got from an attorney after I mentioned how much I rely on Twitter. His most recent exposure had been the friendly Twitter war between CNN host …

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Permanent link to this article: http://cobaltlaw.com/are-you-tweeting-congress-is/

By now, most of the world has heard about this: The latest app on the Apple App-Store, which sold for $0.99 invited buyers to “See how long you can endure his or her adorable cries before you just have to find a way to quiet the baby down!” Shake your phone, and the baby stops …

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Permanent link to this article: http://cobaltlaw.com/the-offensive-shaken-baby-iphone-applet-what-can-companies-learn/

It’s no secret: U.S. and international markets are in deep turmoil. Massive layoffs, historic stock market declines, and institutional failures remind us this no ordinary time. Even while companies look for ways to cut back and streamline institutional costs, now may be the best time to strengthen your intellectual property (IP) portfolio. Although frequently overlooked, …

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Permanent link to this article: http://cobaltlaw.com/commentary-strengthening-your-intellectual-property-portfolio-during-and-after-the-recession-may-yield-significant-gains/

With U.S. President Barack Obama in the White House a change in U.S. – Cuba relations may be on the horizon. According to a recent Reuters story, U.S. companies have an estimated 5,000 products trademarked in Cuba, “waiting for the day they might finally land on the island separated from the United States by the …

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Permanent link to this article: http://cobaltlaw.com/us-companies-filing-for-cuban-trademarks-is-change-in-the-air/

A little something from Doug: I received a last minute call the other day from a boyhood friend inviting me to see the band AC/DC in concert at the Oracle Arena in Oakland, CA. Needless to say, I jumped at the opportunity. Why? On one hand, I’ve never seen AC/DC live. Say what you will, …

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Permanent link to this article: http://cobaltlaw.com/let-there-be-rock-acdc-the-band-the-brand-the-legend/