Central Hudson Gas Elec. v. Public Serv. Comm'n
447 U.S. 557 (1980) Cited 2,052 times 105 Legal AnalysesHolding that a restriction on commercial speech must directly advance a substantial governmental interest
Bosley Medical Institute, Inc. v. Kremer
403 F.3d 672 (9th Cir. 2005) Cited 187 timesHolding there was no liability under the Lanham Act where an unsatisfied hair transplant customer used Bosley's marks for criticism because the customer's "use of the Bosley mark [was] not in connection with a sale of goods or services—it [was] in connection with the expression of his opinion about Bosley's goods and services."
In re Anonymous Online Speakers
661 F.3d 1168 (9th Cir. 2011) Cited 92 times 4 Legal AnalysesUpholding disclosure with respect to identity of three non-party anonymous speakers who allegedly made defamatory statements about plaintiff, which formed predicate of plaintiff's claims against a business competitor for tortious interference
Nissan Motor Co. v. Nissan Computer Corp.
378 F.3d 1002 (9th Cir. 2004) Cited 106 times 3 Legal AnalysesHolding that initial interest confusion occurs when a defendant uses a plaintiff's trademark in a way calculated to capture a consumer's attention and divert the consumer to the defendant's own Web site
Dendrite International v. Doe No. 3
342 N.J. Super. 134 (App. Div. 2001) Cited 86 times 7 Legal AnalysesFinding that this test was a "flexible, non-technical, fact sensitive mechanism for courts to use as a means of ensuring that plaintiffs do not use discovery procedures to ascertain identities of unknown defendants in order to harass, intimidate or silence critics in the public forum opportunities presented by the Internet."
United We Stand America, Inc. v. United We Stand, America New York, Inc.
128 F.3d 86 (2d Cir. 1997) Cited 95 timesHolding that the Lanham Act's reference to "use in commerce" extends to all activities within the scope of the Constitution's commerce clause
Highfields Capital Management, L.P. v. Doe
385 F. Supp. 2d 969 (N.D. Cal. 2005) Cited 54 times 1 Legal AnalysesFinding that identity of individual who anonymously posted derogatory comments about a company on an online message board was protected from disclosure under the First Amendment
White v. City of San Diego
605 F.2d 455 (9th Cir. 1979) Cited 53 timesAgreeing with its earlier statement that "statistical evidence derived from an extremely small universe, as in the present case, has little predictive value and must be disregarded."
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,778 times 123 Legal AnalysesRequiring a filing of a Statement of Use to register a mark