Cyberlaw Outline
Brookfield Commc’ns inc. v. west coast video: - Use of Brookfield’s MovieBuff trademark by West Coast as a domain name was infringement. o Confusion as to source or sponsorship.
- use of Brookfield’s Moviebuff trademark by in West Coast’s keyword metatags was infringement. o Initial interest confusion.
Trademarks online: Playboy v. Netscape- We know from the lanham act (15 USC 1114) that “use in commerce” of plaintiff’s mark is an element of trademark infringement.
- playboy sued seatch engine providers for selling keywords containing its trademarks (playboy and playmate) to advertisers that wanted their ads to be displayed alongside search results generated by queries containing the keywords. - The cort held that playboy failed to prove use in commerce of the words playboy and playmate as trademarks. The holder of a trademark may not remove a word from the English language merely by acquiring trademark rights in it.
Mainstream Loudon v. Board of trustees of loudon cty public library: Parties - plaintiff adult patrons of library
-defendanats
-Policy being challeneged: there was a policy which required blocking of child pornography and obscene material and material deemed harmful to minors under applicable Virginia statutes. (soft core porno)
-How was policy implemented? The library installed “X-Stop” a program which blocked inappropriate sites on their computers and it blocked other sites which were not porn.
Board of Ed. V. Pico: In Pico the court held that the motives of someone blocking books or removing books should be taken into account. The state may not contract the spectrum of available knowledge.
What analogy is used to defend filtering policy? Trustees considered it to be an inter-library loan system. (It is not removal- it is a decision not to acquire.) Mainstream Loudon tries to prove that Pico is relevant with their own analogy that the internet is like a
- use of Brookfield’s Moviebuff trademark by in West Coast’s keyword metatags was infringement. o Initial interest confusion.
Trademarks online: Playboy v. Netscape- We know from the lanham act (15 USC 1114) that “use in commerce” of plaintiff’s mark is an element of trademark infringement.
- playboy sued seatch engine providers for selling keywords containing its trademarks (playboy and playmate) to advertisers that wanted their ads to be displayed alongside search results generated by queries containing the keywords. - The cort held that playboy failed to prove use in commerce of the words playboy and playmate as trademarks. The holder of a trademark may not remove a word from the English language merely by acquiring trademark rights in it.
Mainstream Loudon v. Board of trustees of loudon cty public library: Parties - plaintiff adult patrons of library
-defendanats
-Policy being challeneged: there was a policy which required blocking of child pornography and obscene material and material deemed harmful to minors under applicable Virginia statutes. (soft core porno)
-How was policy implemented? The library installed “X-Stop” a program which blocked inappropriate sites on their computers and it blocked other sites which were not porn.
Board of Ed. V. Pico: In Pico the court held that the motives of someone blocking books or removing books should be taken into account. The state may not contract the spectrum of available knowledge.
What analogy is used to defend filtering policy? Trustees considered it to be an inter-library loan system. (It is not removal- it is a decision not to acquire.) Mainstream Loudon tries to prove that Pico is relevant with their own analogy that the internet is like a