Merle Norman Cosmetics, Inc. v. Labarbere: Order Denying Motion to Dismiss Order Denying Motion to Stay Discovery

Posted on 08/17/2007 by Keith Henning

Evan over at InternetCases.com points to the case of Merle Norman Cosmetics v. Labarbera, summing up the case thusly:
Labarbera moved to dismiss under FRCP 12(b)(6), arguing that the “first sale doctrine” protected her right to resell products she had lawfully acquired in the stream of commerce. Merle Norman responded that the first sale doctrine should not [...]

Filed under: 2007 Copyright Cases, 2007 Trademark Cases, Copyright, First Sale Doctrine, Unfair Competition | No Comments »

eBay, Inc. v. Savani, et al.

Posted on 09/14/2006 by Keith Henning

The Plaintiffs’ Lawyer Blogpoints out that eBay has filed a lawsuit in against the company running an auction site at http://www.worldauctions.com/, alleging 13 counts of trademark infringement. The lawsuit was brought because, apparently, the cease and desist letter to the owner of World Auctions, who apparently includes a nephew of Pakistan’s president, was not [...]

Filed under: 2005 Trademark Cases, 2006 Copyright Cases, Infringment Cases, Unfair Competition | 2 Comments »

New French copyright bill cracks open DRM

Posted on 03/23/2006 by Keith Henning

French copyright bill to shake up music download market
The French National Assembly approved a digital copyright bill that will require DRM developers to reveal details of their technology to rivals that wish to build interoperable systems. Look for push back from Apple (Fairplay DRM in iTunes and iPod) and Microsoft (Microsoft’s Windows Media DRM).

Filed under: DRM, Unfair Competition | No Comments »