- denying Amazon’s multiple challenges to Maglula’s complaint in the first instance;
- granting multiple inspections at Amazon warehouses (over Amazon’s strenuous and repeated objections)—ostensibly a first of its kind in an IP case against Amazon; and
- finding Amazon destroyed evidence after Maglula filed its complaint—another first in an IP case against Amazon.
Sunday, January 02, 2022
Resolution 1: Don't Get Fooled Again
Scams are all around us. Maybe mixed in with your Christmas cards is a tiny white postcard from Cochran et al v. The Kroger Co.
Maybe don't toss it without more than a glance. Perhaps you don't need another --likely concurrent-- year of free credit monitoring, but this class action settlement also appears to offer cash if you claim before March 5th, 2022.
Apparently, some authors are receiving cold calls from someone rejoicing in the name of "Powell's Books" (or something similar) that has nothing to do with the reputable bookseller Powell's Books. The reputable Powell's Books does not offer publishing/promotional services... at least, not through telephone solicitations.
Other authors allegedly are having their names taken, and their brands allegedly damaged on Amazon.
Mitzi Szereto has a fascinating an informative blog post about how some scammer on Amazon is allegedly infringing her brand, and stealing her identity to sell their own, allegedly inferior quality porn.
Concerned authors may spend hours reading Amazon offerings (in Search, and in Look Inside), and have to get to at least the third page to find out if their works have been pirated. Then, victims of the piracy have to go through the hoops of the Amazon KDP "Copyright Infringement Report".
There is a brief blog by two lawyers from Pearl Cohen Zedek Latzer Baratz that reports on the alleged (my word) fact that millions of "invalid and false copyright infringment claims" were received by another very popular site.
The problem with the DMCA is that copyright owners of limited financial means are in a bind. One can make a genuine copyright infringment claim, but if the creative user --on a site that appreciates the uploaded content-- files a counter claim (as he/she is often encouraged to do), the copyright owner is up fecal matter creek unless they file a lawsuit.
So-called transparency reports are not necessarily accurate.
The mother of all fecal matter creeks was recently obliged to settle with a very small fish on what the court ruled was a clear cut (or "straightforward") counterfeit case.
Legal bloggers Jeffrey A. Berkowitz and David K. Mroz of the law firm of Finnegan Henderson Farabow Garrett and Dunner LLP report on the historical victory of Israeli firm Maglula in winning orders from a court:
Could this be a turning of the tide?
If you buy self-defense-related accessories online, be very careful not to buy a cheap knock-off that might malfunction.
Another word to the wise: use "alleged" and "allegedly" a lot when reporting on other people's dirt. It may not make for the most readable of prose, but it's prophylactic writing.
If you feel like "being activist" for the New Year, there is a hashtag you can use to share warnings and entertaining or salutary experiences, and help others not to get fooled: #SlamTheScam.
Visit oig.ssa.gov/scam for more information. Alternatively, you can follow SSA OIG on Twitter @TheSSAOIG and Facebook @SSA Office of the Inspector General for the latest information on Social Security-related scams. Visit the Federal Trade Commission for information on other government scams.
OIG is the Office of the Inspector General. They are happy to receive emails, calls, or texts that report scams where suspicious individuals claim to be from the Social Security arm of the Government and wanting to help you.
Happy New Year!
EPIC Award winner, Friend of ePublishing