Adware Advertiser Sidesteps Liability

Adware Advertiser Sidesteps Liability

This case involves a browser plug-in from IMS, whose affiliates allegedly surreptitiously installed the plug-in on users’ computers. The plug-in allegedly caused pop-up ads to appear when users visited designated websites. Reed Elsevier allegedly advertised via these pop-up ads, triggering…

Damages from Competitive Keyword Advertising Are "Vanishingly Small"

Damages from Competitive Keyword Advertising Are “Vanishingly Small”

Competitive keyword advertising lawsuits typically lose on their merits, but in this particular case, the defendants conceded that their AdWords campaign contributed to trademark infringement. Nevertheless, the defendants contested damages, and the court tells an oh-so-familiar story: Apparently, Defendants bid…

More Defendants Win Keyword Advertising Lawsuits

More Defendants Win Keyword Advertising Lawsuits

I’m reporting results in keyword advertising lawsuits as I see them. TL;DR: defendants keep winning. Two more rulings supporting that proposition: CollegeSource, Inc. v. AcademyOne, Inc., 2015 WL 469041 (3d Cir. Feb. 5, 2015). (some citations ommitted) See my blog…

Google Isn't Liable For Including Unlicensed Locksmiths in Directories--Baldino's Lock v. Google

Google Isn’t Liable For Including Unlicensed Locksmiths in Directories–Baldino’s Lock v. Google

Some states, including Virginia, require locksmiths to obtain state-issued licenses. Baldino’s Lock & Key, a licensed locksmith, is unhappy about being on the same search results pages as unlicensed locksmiths. It sued Google and various business directory providers for commingling…

Another Keyword Advertising Lawsuit Fails Badly

Another Keyword Advertising Lawsuit Fails Badly

This case is so pathetic, it probably only warrants a tweet. The TL; DR version: another trademark owner initiates a lawsuit over keyword advertising and gets crushed in court. The end. The antagonist is a Florida van rental service operating…

Vonage Isn't Liable For Disclosing 'Unlisted' Phone Number

Vonage Isn’t Liable For Disclosing ‘Unlisted’ Phone Number

Miller is a psychologist who undertakes efforts to keep his phone number unlisted. As part of his work, he evaluated the mental health of criminal defendants. (For various reasons, his family wished to keep the number unlisted as well). He…

LinkedIn Can't Shake Publicity Rights Claims Based on Reminder Emails

LinkedIn Can’t Shake Publicity Rights Claims Based on Reminder Emails

This is a lawsuit against LinkedIn alleging that LinkedIn wrongly sent out repeated invites to users’ contacts. In an initial ruling, Judge Koh denied LinkedIn’s request to dismiss on the grounds of standing but dismissed the federal claims for alleged violations of…

Bad Idea: Overdisclosing People's Positive STD Status--Doe v. Successfulmatch

Bad Idea: Overdisclosing People’s Positive STD Status–Doe v. Successfulmatch

This is a privacy lawsuit brought by people who signed up for a dating site (Positive Singles) for people with STDs. Plaintiffs allege that Successfulmatch, the company that operates the site, made numerous privacy representations stating in its website copy…

Duplicitous Competitive Keyword Advertising Lawsuits--Fareportal v. LBF (& Vice-Versa)

Duplicitous Competitive Keyword Advertising Lawsuits–Fareportal v. LBF (& Vice-Versa)

OK, let me offer a proposition that seems so obvious to me that I feel silly saying it. If you buy your competitor’s trademarks as keywords, it’s not advisable to sue your competitors for buying your keywords. Yes? Are you…

Instagramming For Freebies? Those Photos Are Ads...To The FTC (Forbes Cross-Post)

Instagramming For Freebies? Those Photos Are Ads…To The FTC (Forbes Cross-Post)

Wouldn’t it be sweet if someone gave you a free helicopter ride, a free 3 year lease for a Mercedes-Benz car, or a free trip to Iceland? As recounted in this recent New York Times article (“Your Instagram Picture, Worth…