Broadcaster Gets 230 Defense for Readers’ Website Comments–Miles v. Raycom
By Eric Goldman Miles v. Raycom Media, Inc., 2010 WL 3419438 (S.D. Miss. Aug. 26, 2010). WLOX is a TV broadcaster in coastal Mississippi (although with those call letters, I expected it would be located in Brooklyn). Toni Miles, a…
Ghostwritten Attorney Newsletter is an “Ad” for TCPA Junk Fax Law Purposes–Holtzman v. Turza
By Eric Goldman Holtzman v. Turza, 08 C 2014 (N.D. Ill. Aug. 3, 2010) This case is a unremarkable straight-down-the-middle analysis of when editorial content becomes a regulated ad, which in turn makes it a remarkable case. Most editorial-content-as-ad cases…
Google Avoids Liability for Failed Google Search Appliance Installation–Market America v. Google
By Eric Goldman Market America, Inc. v. Google, Inc., 2010 WL 3156044 (D. Del. Aug. 9, 2010) This lawsuit comes from an unhappy Google Search Appliance (GSA) customer, Market America, who (like many unhappy systems purchasers) claims that Google and…
Selling Replacement Supplies Could Constitute Contributory Trademark Infringement–Georgia Pacific v. Von Drehle (Guest Blog Post)
by guest blogger Mark Bartholomew [Eric’s introduction: Mark is a law professor at the University of Buffalo. He has written several articles on secondary copyright and trademark infringement. See his SSRN page. We were swapping emails about this ruling, and…
47 USC 230 Preempts Sponsorship/Endorsement Liability–Black v. Google
By Eric Goldman Black v. Google, Inc., 2010 WL 3222147 (N.D. Cal. Aug. 13, 2010). The complaint. The Blacks run a roofing company. They claim someone posted an anonymous defamatory comment on an unspecified Google website, and this “comment misrepresents…
The Problems With Google House Ads
By Eric Goldman [Note: This blog post has taken me 7 months to write, so I’m glad to be sharing it finally. I am cross-posting it to Search Engine Land.] Introduction Many publishers run “house ads” to self-promote their own…
New Anti-Libel Tourism Act (HR 2765) Extends 47 USC 230 to Foreign Judgments
By Eric Goldman President Obama signed HR 2765, the “SPEECH Act,” into law, codified at 28 USC Secs. 4101-4105. The act prohibits US courts from enforcing foreign defamation judgments unless (1) the judgment would satisfy First Amendment or similar state…
July 2010 Quick Links, Part 1 (IP Edition)
By Eric Goldman Trademarks * Rebelution, LLC v. Perez, 2010 WL 3036217 (N.D. Cal. July 30, 2010). The plaintiff is a band named Rebelution. The defendant is a music performer named Pitbull who released an album “Pitbull Starring in Rebelution”…
Google Liberalizes Its European Trademark Policy
By Eric Goldman After the ECJ’s favorable opinion in the Google cases, I’ve been wondering if Google would liberalize its trademark policy in Europe. It took Google 4 months to parse the ECJ’s inscrutable opinion and make a call, but…
Web Host Gets Easy 47 USC 230 Win in Catfight–Johnson v. Arden
By Eric Goldman Johnson v. Arden, 2010 WL 3023660 (8th Cir. August 4, 2010). The CMLP page with lots of source materials. I’ve been looking at over-the-top cute kitty pictures all morning. Just try to suppress the “aahs” on a…