“Duck Tours” Is Generic–Boston Duck Tours v. Super Duck Tours

By Eric Goldman Boston Duck Tours LP v. Super Duck Tours LLC, 2008 WL 2444480 (1st Cir. June 18, 2008) I previously blogged on this dispute in December. The case involved the defendant’s purchase of keyword advertising triggered by the…

Consumer Complaint Site Defeats Lawsuit By Unhappy Vendor–Nemet v. ConsumerAffairs.com

By Eric Goldman [Note: I'm back from my vacation. For a short recap of my experience, see my FAQs about my trip to the Hulahula River in the Arctic National Wildlife Refuge.] Nemet Chevrolet Ltd. v. ConsumerAffairs.com, Inc., 2008 WL…

When breaking news breaks copyright

Community blog Drudge Retort receives DMCA notices from the Associated Press for links, quotes. by Ethan Ackerman Rogers Cadenhead is a blogger. A prolific one in fact, with a personal blog and the role of editorial director at the commenter-driven…

Rights in Copies vs. Copyright

Prince’s entanglement with Radiohead, YouTube, and a video bootlegger leads to much debate over just what’s in copyright law and a YouTube nightmare scenario. By Ethan Ackerman Copyright bloggers were privileged to a few laughs recently when Prince’s music label,…

Vacation and Guest Bloggers

By Eric Goldman For the next two weeks, I will be enjoying a celebratory river-rafting trip on the Hulahula River in the Arctic National Wildlife Refuge. This is a supremely remote destination–it takes 4 airplanes to get there from the…

Keyword Metatags and Keyword-Triggered Ads Don’t Create Initial Interest Confusion–Designer Skin v. S&L Vitamins

By Eric Goldman Designer Skin, LLC v. S & L Vitamins, Inc., 2008 WL 2116646 (D. Ariz. May 20, 2008) An Arizona district court has ruled that the surreptitious use of trademarks doesn’t create a likelihood of initial interest confusion,…

Google Sued for Running Ads for “Fraudulent Mobile Subscription Services”–Goddard v. Google

By Eric Goldman Goddard v. Google, Inc., Case No. 108CV111658 (Cal. Super. Ct. complaint dated April 30, 2008). Google’s notice of removal to federal court C08 02738 (N.D. Cal. removal notice dated May 30, 2008). [warning: 1.5MB file. Google’s notice…

May 2008 Quick Links, Part 2

By Eric Goldman Copyright * Google says it isn’t settling the Viacom lawsuit (I don’t believe it). * Interesting juxtaposition: (1) Chronicle of Higher Education: How It Does It: The RIAA Explains How It Catches Alleged Music Pirates and (2)…

May 2008 Quick Links, Part 1 (Trademarks/Domain Names Edition)

By Eric Goldman * Syncsort Inc. v. Innovative Routines Intern., Inc., 2008 WL 1925304 (D.N.J. April 30, 2008). Including a third party trademark in a keyword metatag qualified as nominative use. (Along the same lines, see the Designer Skin case…