Online Trespass to Chattels Needs Structural Reform (Forbes Cross-Post)
By Eric Goldman In light of Aaron Swartz’s tragic suicide, there has been a lot of discussion–some productive, some not–about reforming the Computer Fraud & Abuse Act (the “CFAA”). I support some of the reform proposals, but they don’t go…
Product Review Website Defeats Trademark Claims–Boarding School Review v. Delta Career Education
By Eric Goldman Boarding School Review, LLC v. Delta Career Education Corp., 1:11-cv-08921-DAB (SDNY March 29, 2013) This case involves Community College Review, with the tagline “find the right community college for you.” It publishes information about various community colleges…
More Confirmation That Google Has Won the AdWords Trademark Battles Worldwide (Forbes Cross-Post)
By Eric Goldman I’ve repeatedly asserted that the trademark battles over keyword advertising are near the end. As further evidence of that, recently Google ($GOOG) liberalized its international trademark policy for advertising via AdWords. Previously, Google allowed trademark owners…
Why Google’s Commitment Letter to the FTC Isn’t Commercial Speech (Guest Blog Post)
By Guest Blogger Josh King [Eric’s introduction: Josh King is Vice President, Business Development & General Counsel at Avvo. Among other ways we work together, he’s a fellow board member of Public Participation Project, which is advocating for a federal…
The Supreme Court’s Kirtsaeng Ruling Is Good News for Consumers, but the First Sale Doctrine Is Still Doomed–Kirtsaeng v. John Wiley (Forbes Cross-Post)
By Eric Goldman Kirtsaeng v. John Wiley & Sons, No. 11–697 (U.S. Supreme Court March 19, 2013). Prior blog post of the Second Circuit ruling in the case. In Kirtsaeng v. John Wiley & Sons ($JW-A), the U.S. Supreme Court ruled…
Minnesota’s Proposed Anti-Trademark Bullying Statute Misses the Mark (Guest Blog Post)
By Guest Blogger Leah Chan Grinvald Last April, Minnesota became the first state in the U.S. to introduce anti-trademark bullying legislation with the proposal of H.F. 2996. The proposed “Small Business Trademark Protection Act” had a whole host of problems,…
Linkwrap of Google’s Antitrust Deal With the FTC
By Eric Goldman It seems like forever since the FTC settled its antitrust investigation with Google, even though it’s been less than 3 months. My recap post from the initial announcement. We’re waiting for the European denouement, but in the…
First Amendment Protects Online Republication of Court Records–Nieman v. VersusLaw
By Eric Goldman Nieman v. VersusLaw, Inc., 2013 WL 1150277 (7th Cir. March 19, 2013) [As I mentioned in my prior post about the case, the plaintiff has made legal threats against me for the same conduct discussed in this…
Griping Blogger Protected by Fair Use But Not Section 230–Ascend Health v. Wells
By Eric Goldman Ascend Health Corp. v. Wells, 2013 WL 1010589 (E.D.N.C. March 14, 2013) Brenda Wells gripes about University Behavioral Health of Denton (“UBH”) at two blogs, which she promotes via Twitter, Facebook and YouTube. UBH and related parties…
Book Recommendation: “Trademark and Deceptive Advertising Surveys”
By Eric Goldman I read only a couple of books per year. As very long-form scholarship, books usually require big blocks of time to read (and I rarely have such blocks), and I typically find the payoff isn’t worth the…