Federal Judge Rules Blogger’s Article Qualifies as Journalism

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A federal judge in South Carolina said that a blogger’s article on the use of an auction listing company to sell items on eBay was clearly journalism, based on both a functional analysis and an examination of the blogger’s intent. “The court agrees that not all bloggers are journalists. However, some bloggers are without question journalists,” .Judge Henry M. Herlong Jr. said in what may be the first court ruling on the issue. Because the article was journalism, Judge Herlong dismissed a trademark violation lawsuit against the blogger, noting that the Lanham Act exempts “all forms of news reporting and news commentary.” (10/29/07)