Author Archives: Eric Misterovich

Unfortunately, since users of the Internet believe they are anonymous, defamation is rampant on the Internet. Defamation on the Internet typically consists of a false and defamatory statement published to a third party on the Internet.  Defamation consists of two separate common law claims rolled into one concept: defamation that is oral is considered slander, […]

George Mason University’s Center for the Protection of Intellectual Property has released a new policy brief arguing that the Digital Millennium Copyright Act has failed in its intended purpose and should be reformed. The DMCA policy brief argues that, with 78 million annual files targeted by the DMCA, the DMCA has failed in its intended […]

Revision Legal’s trademark registration attorneys are experts at trademark registration. Our trademark lawyers have handled trademark registration matters from companies ranging from startups to established brands. Our trademark registration attorneys will help you: Perform a trademark clearance to determine whether any marks may prevent against the successful registration of your trademark; Identify the appropriate class […]

Trademarks identify the source of goods or services. They serve to protect the public by reducing confusion in the marketplace regarding the person or company providing the goods or services. For example, if the corner gas station was permitted to slap a national coffee chain’s logo on its cups, the public would assume that coffee to be […]

Internet Minimum Advertised Price Policy (IMAP or MAP) refers to a policy that sets the minimum advertised price of a manufacturer’s goods. Because of the ease of online distribution, policing the actions of every online retailer can be difficult. An IMAP sets the standard for all retailers to follow. Some manufacturers wish to implement an […]

Automattic, Inc., a web development corporation that parents the free blogging tool, WordPress, has filed two separate lawsuits concerning egregious cases of Digital Millennium Copyright Act (“DMCA”) takedown notices. In filing these two suits, Automattic has paired up with the individuals who run the site RetractionWatch.com (“Retraction”) for one of the lawsuits, and student journalist […]

Large-scale whiskey distillery, Jack Daniel’s, has filed a trade dress lawsuit against a small whiskey distillery, Popcorn Sutton’s Tennessee White Whiskey (“Sutton”), claiming Sutton’s bottling and labeling is “confusingly similar” to the easily acknowledged Jack Daniel’s packaging. At their start, Sutton Whiskey was produced in mason jars to pay homage to its white whiskey founder, […]

China has passed a new trademark law that will become effective May 1, 2014. The new law provides additional ways for trademark owners to prevent others from registering their established marks, and also provisions to pursue trademark infringers. Under the United States’ trademark laws, trademark rights are granted based on first use of a trademark, […]

Chicago State University (“CSU”) has threatened legal action against a blog run by CSU faculty members if it is not disabled. CSU alleges the blog uses trademarks and trade names without CSU authorization. Since then, while the blog is still active (see, http://csufacultyvoice.blogspot.com/), it has changed its name and image. Active since 2009, the blog […]

Thedirty.com (“The Dirty”) is a website dedicated to publishing gossip submitted by its users. The Dirty is owned by Nik Lamas-Richie (formally, Hooman Abedi Karamian), who adds a sentence or two of his own to the published pieces of incredibly trashy gossip. Notably, many not only consider The Dirty deplorable, but also highly discreditable as […]