February 6th 2009
In what can be compared to finding the Holy Grail, the results are in for Monty Python’s efforts to encourage their legion of fans to refrain from supporting illegal uploading of their work onto the internet and buy Python DVDs. In a previous article, we described how Python was building their own YouTube channel, which will […]
September 17th 2008
This is your invitation to attend a free webinar on the recent Tiffany v. eBay ruling and its impact on brands of all sizes, and those of us who support and promote them. (Since this event has already happened, please follow this link to listen and view the recorded event in its entirety, or hear […]
September 16th 2008
I’ve previously blogged here about the economics of scalping, and my belief that anti-scalping laws prevent beneficial markets. So, I’m glad to see Stub Hub win a case which sets a precident for it to receive protection as an online service. In January a class action law suit was brought against Stub Hub and its owner […]
September 3rd 2008
A recent Supreme Court ruling has emboldened manufacturers of goods ranging from baby food to clothing to set minimum pricing requirements of their distributors. The case has inspired protest from most states’ attorneys general, as well as economists who identify such agreements as a cause of inflation. The Wall Street Journal‘s political blog reports: Attorneys […]
August 25th 2008
As state real estate and income tax collections head downward, tax collectors have turned their gaze toward online commerce. At the same time, a few states are emerging as havens from taxation. New York Goes After Affiliate Marketers with the Amazon Tax New York implemented the so-called Amazon tax. It seeks to change the common […]
August 22nd 2008
Valuing brands is the alchemy of advanced financial theory, but now one company is valuing domains—and you can take it to the bank. Thirty-three-year-old Rick Latona and his partner, attorney Matt Collins, may be the first ever digital pawnbrokers. Latona, in fact, was a real-world pawnbroker who now owns 11,000 domains. The guys loan up to […]
July 18th 2008
Judge Richard Sullivan’s ruling against Tiffany’s varied claims of trademark infringement is fairly absolute. When word of the ruling reached the MIT Media Lab where I was speaking this week, the audience there was delighted. The unambiguous ruling for the right of efficient commercial speech and immunization for intermediaries who take good-faith precautions and adhere to DMCA […]
June 18th 2008
Last year I wrote a brief analysis of why sports venues benefit by restricting ticket resale. It is hard to think of any other instance, perhaps other than land ownership, where the resale of your asset can be restricted or outright denied. Further, anything which makes honest people hide from police as if they were […]
April 30th 2008
Word-of-mouth marketing, including blogging and using “brand ambassadors,” will face legal restrictions in the UK starting May 26, when seeding positive messages online without making the origin of the message clear becomes a criminal offense. Specific penalties haven’t been spelled out, so it will likely take a test case, reported to the Office of Fair Trading […]
November 14th 2007
In a potentially precedent-setting trial, Tiffany & Co. has sued eBay for contributory trademark infringement, claiming the online auction company allowed the sale of counterfeit Tiffany jewelry on its site. The case is likely to turn on whether, as Tiffany charges, “eBay turns a blind eye to fraud,” or whether eBay’s responsible moves to prevent and aid in […]