Competitive Keyword Advertiser Wins at Trial–Fair Isaac v. Experian
By Eric Goldman Fair Isaac Corp. v. Experian Information Solutions Inc., 2009 WL 4263699 (D. Minn. Nov. 25, 2009) This is an interesting and complicated lawsuit that hasn’t gotten the attention it deserves. Fair Isaac produces the ubiquitous “FICO” credit…
Claims Brought by Express Scripts Data Breach Plaintiffs Rejected on Standing Grounds — Amburgy v. Express Scripts, Inc.
[Post by Venkat] A federal court in Missouri recently rejected a class action brought by consumer plaintiffs on standing grounds. Given the long line of consumer plaintiffs who have suffered a similar fate I thought this case was somewhat unexceptional,…
Case Western “Signifiers in Cyberspace” Conference Recap
By Eric Goldman In mid-November, I attended a conference at Case Western Reserve University School of Law in Cleveland, Ohio entitled “Signifiers in Cyberspace: Domain Names & Online Trademarks.” My notes: David Fewer spoke about Canada’s WHOIS policy. The old…
“Spam Filter Ate My Electronic Filing Notice” Plaintiffs Get Another Chance — Shuey v. Schwab
[Post by Venkat] The “spam filter ate my electronic filing notice” excuse was an inevitable byproduct of the CM/ECF electronic filing system now in place in federal courts. As expected, courts have not been very sympathetic to this excuse. In…
MySpace Quietly Won Goofy 230 Ruling in September–Riggs v. MySpace
By Eric Goldman Riggs v. MySpace, Inc., 2:09-cv-03073-GHK-CT (C.D. Cal. Sept. 17, 2009) This case has received some modest attention throughout its history (including a quick mention here when the court upheld MySpace’s user agreement), but the district court’s dismissal…
Web Host Can Terminate Customer for Abusive Call to Customer Support–Mehmet v. Add2Net
By Eric Goldman [This is a relatively minor pro se case, which is why I’ve let it sit this long, but it has a couple of interesting facets that make the case worth blogging even at this late date.] Mehmet…
Teeth Whitening System Brings “Sue the World” Lawsuit Against Ad Agency, Competitor and Search Engines–Dazzlesmile v. Azoogle
By Eric Goldman Dazzlesmile, LLC v. Epic Advertising, Inc., 2:09-cv-01043-PMW (D. Utah complaint filed Nov. 23, 2009) Dazzlesmile sells a teeth whitening system. Presumably these systems generate fat profits, because Dazzlesmile has brought an expensive “sue-the-world” lawsuit against its ad…
Keyword Advertising Lawsuit Survives Motion to Dismiss–Morningware v. Hearthware
By Eric Goldman Morningware, Inc. v. Hearthware Home Products, Inc., 2009 WL 3878251 (N.D. Ill. Nov. 16, 2009) I keep getting calls from reporters operating under the misimpression that trademark owner-vs.-search engine keyword advertising lawsuits are more common than trademark…
A Look at Twitter’s Updated Privacy Policy (November 19, 2009)
[Post by Venkat] As noted on Twitter’s blog, Twitter refreshed its privacy policy yesterday. Given that virtually everything Twitter does is placed under the microscope, I’m sure the policy will be pored over in detail. (Here’s a link to the…
Citysearch Click Fraud Class Certified–Menagerie v. Citysearch
By Eric Goldman Menagerie Productions v. Citysearch, 2009 WL 3770668 (C.D. Cal. Nov. 9, 2009) While we don’t hear much about click fraud litigation any more, there are still some click fraud lawsuits percolating through the courts, including this one…