Affiliate Liability Talk Notes from SMX West

By Eric Goldman Last week, I spoke for 10 minutes (actually, I took 12) at SMX West on the topic of advertiser liability for affiliates’ actions. My talk notes: General Principles Issue: when are advertisers liable for their affiliates’ behavior?…

Yahoo/Overture Sued for Search Results Snippets Containing Plaintiff’s Name–Stayart v. Yahoo

By Eric Goldman Stayart v. Yahoo!, 2:2009cv00116 (E.D. Wis. complaint filed Feb. 5, 2009). The Justia page. Bev Stayart appears to be proud of her accomplishments. As the complaint recounts her credentials, we are informed that she has an MBA…

Yahoo’s Sale of Competitive Keyword Ads Isn’t False Designation of Origin–Heartbrand Beef v. Lobel’s

By Eric Goldman Heartbrand Beef, Inc. v. Lobel’s of New York, LLC, 2009 WL 311087 (S.D.Tex. Feb. 5, 2009). The Justia page. Heartbrand sells Akaushi beef, a special and very expensive Japanese variety of beef. Heartbrand brought an enforcement action…

2008 Cyberlaw Year-in-Review

By Eric Goldman It’s a sign of my schedule that I’m just now getting to this, and this post will be more pithy than I initially conceived. This post recaps some of the Cyberlaw highlights from last year. Frankly, the…

Publisher Promising “Visitors” Owes “Visitors,” Not “Unique Visitors”–WebMD v. RDA

By Eric Goldman WebMD, LLC v. RDA Intern., Inc., 2009 WL 175036 (N.Y. Sup. Ct. Jan. 6, 2009) It’s been a while since I’ve blogged about a lawsuit between an Internet publisher and advertiser, so you may enjoy this one….

Online Retailer’s Link to House Brand from Manufacturer’s Product Page Might Infringe–BabyAge v. Leachco

By Eric Goldman BabyAge.com, Inc. v. Leachco, Inc., 2009 WL 82552 (M.D. Pa. Jan. 12, 2009). The Justia page. Welcome to the cutthroat world of pregnancy pillows. Leachco manufactures pregnancy pillows and has a patent on them. BabyAge is an…

Social Networking Sites and Blogs Talk for Students

By Eric Goldman Today I gave a talk entitled “Social Networking Sites and Blogs” for the on-campus Student Intellectual Property Law Association (SIPLA). My slides. In conjunction with this, I thought it might be useful to organize a bibliography of…