Emerging Issues: Andrew M. Gold


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Larson's Emerging Issues & Trends

NEW! 9/10/2009 5:08:07 PM EST

Andrew Gold on Personal Jurisdiction in the Internet Age: What Does a Website Have to Do to Constitute Minimum Contacts Sufficient to Establish Jurisdiction?

In Andys Music, Inc. v. Andys Music, Inc., an Alabama plaintiff argued that the mere fact that the defendant had a website accessible via the internet in Alabama was sufficient to establish personal jurisdiction against it. A court disagreed. So, what does constitute minimum contacts in the age of the internet? This issue is analyzed by Andrew Gold, a partner in the Oakland firm of Bogatin, Corman & Gold.

By Andrew M. Gold

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Trademark Infringement

9/9/2009 7:41:29 AM EST

Gold on Remedies and Damages under Anti-Cybersquatting Consumer Protection Act

Under the Anti-Cybersquatting Consumer Protection Act, 15 USCS § 1125, a plai

By Andrew M. Gold

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Trademark Infringement

9/9/2009 7:33:42 AM EST

Gold on Personal Jurisdiction for the Internet: Minimum Contacts for a Website

In Andy's Music, Inc. v. Andy's Music, Inc., 607 F. Supp. 2d 1281 (S.D. Ala. 2009)By Andrew M. Gold

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Litigation Center - Trademark Law

9/8/2009 3:39:35 PM EST

Gold On Personal Jurisdiction In The Internet Age: What Does A Web Site Have To Do To Constitute Minimum Contacts Sufficient To Establish Jurisdiction?

In Andys Music, Inc. v. Andys Music, Inc., an Alabama plaintiff argued that the mere fact that the defendant had a Web site accessible via the Internet in Alabama was sufficient to establish personal jurisdiction against it. A court disagreed. So, what does constitute minimum contacts in the age of the Internet? This issue is analyzed by Andrew Gold, a partner in the Oakland firm of Bogatin, Corman & Gold. He writes:

“When a company named Andy's Music, which has a reg

By Andrew M. Gold

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First Sale Doctrine

7/13/2009 4:49:02 PM EST

Gold on Material Differences and Disclosures for First Sale Doctrine

In Beltronics USA, Inc. v. Midwest Inventory Distrib., LLC, 562 F.3d 1067 (10th Cir. Kan. 2009)By Andrew M. Gold

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Metatags

12/12/2008 3:51:59 PM EST

Gold on Designer Skin, LLC v. S & L Vitamins, Inc., 560 F. Supp. 2d 811 (D. Az. 2008)

S & L Vitamins, an internet reseller, used the trademarks of Designer Skin, a manufacturer, in the metatags of its website and as search engine keywords. S & L also displayed thumbnail images of Designer Skin’s products on its websites. Consequently, Designer Skin filed a trademark action against S & L. In this Commentary, Andrew Gold analyzes Designer Skin, LLC v. S & L Vitamins, Inc., 560 F. Supp

By Andrew M. Gold

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Trademark Infringement

9/24/2008 1:16:08 PM EST

Gold on First Sale Doctrine, Disclaimers and Metatags: Standard Process, Inc. v. Banks

In Standard Process, Inc. v. Banks, 2008 U.S. Dist. LEXIS 31993 (E.D. Wisc. 2008), a chiropractor bought dietary supplements from a manufacturer and sold them on his website, despite the fact that he had agreed not to sell the products on the internet. The manufacturer terminated the chiropractor’s account. When the manufacturer sued for trademark infringement and false designation of origin, the chiropractor won.

By Andrew M. Gold

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Trademark Parody

7/18/2008 7:24:09 AM EST

Gold on Trademark Parody, Survey Evidence and Dilution by Tarnishment in Smith v. Wal-Mart, 537 F.Supp.2d 1302 (N.D. Ga. 2008)

In Smith v. Wal-Mart, 2008 U.S. Dist. LEXIS 22776 (N.D. Ga. 2008), plaintiff, whose websites displayed designs and slogans that parodied Wal-Mart’s trademarks, filed a declaratory judgment action against Wal-Mart, seeking to have the parodies declared legal. The district court granted plaintiff summary judgment, finding that the parodies had not violated Wal-Mart’s trademark rights. Andrew M. G

By Andrew M. Gold

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Geographically Descriptive Marks

7/18/2008 7:21:05 AM EST

Gold on the Limited Protection Afforded Geographically Descriptive Marks in Vail Associates, Inc. v. Vend-Tel-Co, Ltd, 516 F.3d 853 (10th Cir. 2008)

Can the owner of a registered, geographically descriptive service mark prevent others from using the descriptive mark in connection with related, but not directly competitive services? In addressing this question, Andrew M. Gold, a partner in the Oakland firm of Bogatin, Corman & Gold, analyzes the case of Vail Associates, Inc. v. Vend-Tel-Co, Ltd, 2008 U.S. App. LEXIS 2782 (10th Cir. 2008). In Vail
By Andrew M. Gold
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Trademark Infringement

4/27/2008 5:58:40 PM EST

Andrew M. Gold on Reverse Confusion, "Weak" Arbitrary Marks, and the Difference Between Actual Confusion and Likelihood of Confusion

Why would a start up on-line magazine focused on women’s shoes choose as a trademark the famous nickname of a male "tough guy" film star? Having made such an odd choice, why would the start-up seek to enjoin a company from using the film star's name (with his permission) in connection with a print magazine conceived to appeal to "fit men over 40, with an interest in physical fitness and an active lifestyle

By Andrew M. Gold

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Trademark Infringement

4/16/2008 4:51:00 PM EST

Andrew Gold on Laches, Common Law Trademark Rights, and Anti-Cybersquatting Safe Harbors

Two bands have shared a common name, the "Wailers," for many years. One band is famous, one is not. The un-famous band (Plaintiffs) has been using the name since 1959. The famous band has been using variants on the name since as early as 1964. Each band has been performing continuously until the present time, and the un-famous Wailers knew about their more famous namesakes since the 1970's. The famous Wailers registe

By Andrew M. Gold

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Trademark Infringement

4/16/2008 4:48:36 PM EST

Andrew Gold on Sponsored Linking and the Scope of Injunctive Relief

A plaintiff obtains an injunction to prohibit a business competitor from using a trademark confusingly similar to plaintiff’s mark. In response, defendant changes its mark, but continues to purchase "sponsored links" on Google.com such that a "Google" search of plaintiff's mark yields an advertisement for defendant's competitive services. Although finding that the sponsored link was a "use"

By Andrew M. Gold

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Trademark Infringement

4/3/2008 12:53:11 PM EST

Andrew M. Gold on the Difference Between the Scope of Validity of a Trademark and the Scope of Relief for Infringement of a Trademark

Plaintiff Applied Information Sciences Corp. ("AIS") holds a federally registered trademark in the term "SmartSearch" for certain computer related functions. Defendant, the internet auction website company eBay, Inc., uses the term "Smart Search" as a hyperlink on the company’s website. The District Court ruled that plaintiff was required to prove that defendant had used the mark on goods de

By Andrew M. Gold

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Trademark Infringement

3/25/2008 11:45:45 AM EST

Andy Gold on Optimum Technologies, Inc. v. Henkel Consumer Adhesives, Inc.

Imagine that a product distributor surreptitiously manufactures a product that directly competes with a product it has been distributing. Imagine that the "new" product looks like the "old" product, bears the same UPC Code as the "old" product, and is placed by retailers on shelves bearing the tags of the "old" product. Imagine too that the website of the distributor contains description

By Andrew M. Gold

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Health Care Reform Tax