2010-Jul-7 - false advertising
What isn't clear to me is how much money is still on the table for the false advertising claim. If can make this a backdoor way to get its alleged damages from
counterfeits on the eBay site, then there's still potentially a lot of
money left to fight over. But otherwise, it would make way more sense
for the parties to settle up ratherPlate Heat Exchanger than pursue the remaining false
advertising issue.eBay qualified for the nominative use defense for
both its website references to Tiffany and its use of Tiffany in
sponsored links because eBay used the mark to describe accurately the
genuine Tiffany goods offered for sale on its website. And none of
eBay's uses of the mark suggested that itself with eBay or endorsed the sale of its products through eBay's
website.Most noteworthy is that the judge endorsed eBay's various
efforts to reduce the sale of counterfeit goods on its site and provide
extrajudicial recourse to brand owners like Tiffany. Back in the 1990s,
some caselaw suggested that affirmative efforts to suppress user
activity might exacerbate liability, so the preferred strategy was to
remain "passive with respect to users. eBay chose a different approach.
The ReVolution Of Evangelion fan site now hosts an exclusive 90 minute
video interview with voice actress Tiffany Grant, the English language
voice of Evangelion character Asuka Langley.Yes she is talking about
reprising her role in 2.0, not the live action movie.Grant and her husband, Matt Greenfield, seem to know alot about how the
films production is going, so theyre going to ask some questions
about it.The answer seems to be no; Tiffany sent those. Does proactive
filtering confer that foundation? Perhaps, because eBay did undertake
some extra filtering efforts for Tiffany.Sadly for Tiffany, it won't
get the benefit of this loose language. The court concludes its
discussion on willful blindness by saying eBay appears to concede that
it knew as a general matter that counterfeit Tiffany products were
listed and sold through its websit.Without more, however, this
knowledge is insufficient to liability under Inwood. Second, it was really interesting to see the
court's treatment of Tiffany's demand to eBay that eBay should filter
out any auctions containing 5 or more Tiffany items of the same type
because such an auction is an obvious red flag of suspect users.
While this is good news, I remain uncertain how generalizable this
ruling is. So much of the court's discussion is deeply linked to eBay's
specific situation--both the fact that it allows users to sell
legitimate Tiffany goods, as well as the many efforts that eBay made to
prospectively accommodate the interests of IP owners, which eBay can
afford to do but many other websites can't. Tiffany argued that eBay
falsely advertised by implying that it offered legitimate Tiffany goods
when, in fact, many goods were infringing. The court rejects this
argument
although I fear the court may have cut some corners here. First, the
court says that eBay is protected by the nominative use defense. I'd
have to do some research, but I cant recall another case where
nominative use was a defense to false advertising.
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2010-Jun-7 - HK reports 101 HIV
Hong Kong reported 101 cases of Human Immunodeficiency Virus (HIV) infections in
the first quarter of 2010, the Center for Health Protection of the Hong Kong
government announced Tuesday.
The new cases found has brought the
cumulative total of reported HIV infections in Hong Kong to 4,544 since
1984.
Of the 101 HIV cases, which comprised 75 males and 26 females, 20
acquired the infection via heterosexual contact, 41 via homosexual or bisexual
contact, four through drug injection, and one through mother-to-child
transmission.
The routes of transmission of the remaining 35 cases were
undetermined due to inadequate information, the center's consultant Dr Wong
Ka-hing said at a press briefing on Tuesday.
Nineteen new cases of
Acquired Immune Deficiency Syndrome (AIDS) were reported in the first quarter,
taking the number of confirmed AIDS cases reported in the city to 1,125 since
1985. Forty-two percent of the new AIDS cases were related to heterosexual
contact and 42 percent to homosexual or bisexual contact.
In this
quarter, the most common AIDS-defining illness was pneumocystis pneumonia, a
kind of chest infection.
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