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Should Anti-Scalping Laws Apply to Internet Ticket Providers?
Generally, Internet ticket providers are in the business of buying and selling tickets to spectator events, above face value. Some have equated Internet ticket providers with illegal ticket scalping. In particular, some state anti-scalping laws have been applied to Internet ticketing transactions, resulting in both criminal and civil sanctions. However, the application of proper Internet notices and appropriate Web site access limitations may render such state anti-scalping laws moot, says Jonathan Bick.Exploitation of Trademarks on the Internet
Although legislation has been enacted to address cybersquatting, e-exploitation of trademarks is still a problem for trademark holders. As in the case of traditional unlawful trademark exploitation, the threshold question is whether there is a likelihood of confusion and whether there is dilution. Unfortunately, these questions are difficult to answer simply by applying traditional trademark doctrines.Exploitation of Trademarks on the Internet
While the Anticybersquatting Consumer Protection Act adequately addresses the legal difficulties associated with bad faith registration of trademarked names by nontrademark holders, e-exploitation of trademarks is still a problem for trademark holders.
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Silber v. Barbara's Bakery, 12-cv-5511
Publication Date: 2013-06-21 Practice Area: Civil Practice
Industry: Court: U.S. District Court, Eastern District Judge: District Judge William F. Kuntz, II Attorneys: For plaintiff: For defendant: Case number: 12-cv-5511
Cite as: Silber v. Barbara's Bakery, 12-cv-5511, NYLJ 1202607126976, at *1 (EDNY, Decided June 14, 2013) 12-cv-5511 District Judge William