In the first place, it was unusual for an interlocutory appeal to be granted from the denial of the preliminary injunction motion. In federal court usually you can only appeal from a final judgment.
Similarly, apart from the fact that it's always rare for a certiorari petition to be granted, it's especially tough where the appeal is not from a final judgment, but just from a preliminary injunction denial which does not dispose of the whole case.
I believe it is called "Bud", "Bud Light", etc., while the Czech company uses the "Budweiser" name.
In the US, trademarks only extend as far as someone might be confused by their use. It's not a hard black and white line, but you can use "Word" if you wanted to, in an unrelated industry from Microsoft's, provided that nobody thought that customers might be confused and think that your product was, or was in some way related to, Microsoft's. (Obviously since Microsoft is such a big company and does so much stuff, this might be harder than if they were purely in the word processing business.)
A good example is Apple Records vs Apple Computer Corp. There was a lot of argument that went back and forth as to whether Apple Computers might be confused with Apple Records -- which seemed ridiculous at the time, because why would Apple Computer ever get into the music business? So they worked it out and came to a settlement to stay out of each other's turf. That happens very frequently. (It got interesting when Apple-the-computer-company decided to get into the music business; my understanding is that they made Apple Records an offer they couldn't refuse.)
And given how ubiquitous Microsoft's products are -- love them or hate them -- the breadth of their trademarks are probably not unreasonable. A no-name company ought not be able to assert a trademark with any similar breadth, because there's so little chance of confusion.
Well they are registered in the
So at worst, I would think that Pinterest could continue to operate under the "Pinterest.com" domain name; the challenge would be whether they want to advertise in the European market, which might be prohibited without changing their name.
while the summary is laudatory, fawning, even, it is not central to the decision
Funny, I had the same reaction when I read it. He seemed like a salesman for Google or something.
I would like to retain your services in this matter. Please list your bank account information so that I may transfer a retainer payment to you. Thank you. Sincerely, Prince Bernard Koffi Austine Nigeria
Dear Prince Bernard,
If you're talking about my bank account, you're barking up the wrong tree
So, if this stands does this mean it's lawful for Google to make the full text available of these books, or not?
Fair use cases are very fact specific. If you start monkeying with the facts, Judge Chin might not feel the same way about it.
If google can legally copy books (even when profit is involved) then why can't I do the same?
Wouldn't I get hammered with copyright infringement problems if I scanned in books I did not author myself?
I don't know but please hire me as your lawyer when you do.
What a horrible example of how not to behave as a decent human being.
Agreed. Abelson should be ashamed of himself.
Other than to demonstrate how low some people can go.