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Designer Skin LLC v. S & L Vitamins, Inc., et al.
Unauthorized internet reseller of plaintiff’s products is not guilty of trademark infringement, and does not cause actionable initial interest confusion, by using plaintiff’s trademarks in meta tags of website at which plaintiff’s and its competitors’ products are sold, and in...

It's In The Cards, Inc., et al v. Rosario Fuschetto, d/b/a Triple Play Collectibles

193 Wis. 2d 429, 535 N.W. 2d 11 (Wis. Ct. App. 1995)

The defendant published an alleged defamatory statement concerning defendant on a bulletin board service available on an on-line service entitled "SportsNet." SportsNet is a national computer network service whereby sports memorabilia dealers may communicate to purchase and sell merchandise. The defendant contended that his publication occurred in a periodical within the meaning of § 895.05(2) of the Washington Statutes, which provided that "before any civil action shall be commenced on account of any libelous publication in any newspaper, magazine or periodical, the libeled person shall first give those allege to be responsible or liable for the publication a reasonable opportunity to correct the libelous matter." The court disagreed, and held that because the posting to the bulletin board is a random communication not done on any regular interval, the posting is not a periodical within the meaning of the statute, which the court interpreted as a publication which appears on stated or regular intervals. Of note, is the court's cautionary warning concerning extending existing laws to cyberspace. Said the court: Additionally, subsec. (2) of § 895.05, STATS., was repealed in 1951 and reenacted in its present form years before cyberspace was envisioned. The magnitude of computer networks and the consequent communications possibilities were non-existent at the time this statute was enacted. Applying the present libel laws to cyberspace or computer networks entails rewriting statutes that were written to manage physical printed objects, not computer networks or services. consequently, it is for the legislature to address the increasingly common phenomenon of libel and defamation on the information superhighway. The rate at which technological developments is growing coupled with the complexity of technology is beyond many laypersons' ken. A uniform system of managing information technology and computer networks is needed to cope with the impact of the information age. It is the responsibility of the legislature to manage this technology and to change or amend the statutes as needed. Therefore, we conclude that extending the definition of 'periodical' under § 895.05(2), STATS., to include network bulletin board communications on the SportsNet computer service is judicial legislation in which we will not indulge.

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