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Trademark Law Shapes Internet Pop-up Ads
Despite their negative public images and being the target of much private invective, Internet pop-up ads and unsolicited commercial e-mail (spam) have transfigured marketing ' and, like spam, Internet pop-ups can be lawful if they are not deceptive.
That said, trademark infringement may be the only successful cause of action against Internet pop-up advertisers and getting them to change their business methods. While the court in 1-800 Contacts, Inc. v. WhenU.com, Inc., 309 F.Supp.2d 467 (S.D.N.Y. 2003), granted a preliminary injunction for trademark infringement, the courts in Wells Fargo & Co. v. WhenU.com, Inc., 293 F.Supp.2d 734 (E.D. Mich. 2003) and U-Haul Int'l, Inc. v. WhenU.com, Inc., 279 F.Supp.2d 723 (E.D. Va. 2003) declined to apply trademark law. Thus, the application of existing trademark law to Internet pop-ups is in the midst of shaping Internet pop-up advertisement.
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.