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e-Commerce Docket Sheet
Court Vacates Injunction Against Using Trade Name
A commercial party's frequent use of a competitor's trade name in its Web pages qualifies as a 'nominative fair use' if the references are not gratuitous and are used to convey information about the competitor. J.K. Harris & Co., LLC v. Kassel, No. 02-0400 (N.D. Cal. Mar. 28, 2003). The district court vacated a portion of an earlier ruling that preliminarily enjoined the defendant from 'using more of Plaintiff's trade name than is reasonably necessary to identify that it is Plaintiff's services being described.' The court modified its analysis to make clear that even frequent and obvious use of a competitor's name on a party's Web pages can be a fair use if done for a legitimate purpose such as criticism ' even if such use affects search engine results.
Use of Web Site “Scraping” Software Enjoined
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.