Details About Amazon's Confidential Settlement Terms For A Keyword Advertising Lawsuit (Forbes Cross-Post)

Details About Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit (Forbes Cross-Post)

Most lawsuits settle; and most settlements are confidential. As a result, outsiders often don’t learn who “won” a settled lawsuit or the range of standard settlement terms. Fortunately, a dispute over the settlement agreement in a keyword advertising trademark lawsuit…

Florida Drops Ill-Conceived Proposal To Ban Competitive Keyword Advertising By Lawyers (Forbes Cross-Post)

Florida Drops Ill-Conceived Proposal To Ban Competitive Keyword Advertising By Lawyers (Forbes Cross-Post)

In March, the Florida State Bar’s Standing Committee on Advertising proposed an ethics opinion (Proposed Advisory Opinion A-12-1). The opinion was designed to help Florida lawyers understand what they could ethically do with online marketing. It targeted a melange of…

National Advertising Division (NAD) Doesn’t Consider Section 230 Defenses

National Advertising Division (NAD) Doesn’t Consider Section 230 Defenses

In October, I spoke at the National Advertising Division’s (NAD) annual conference on a panel about Section 230 and advertiser liability for user-generated content (UGC). [Sorry for my delay posting this recap]. A paradigmatic example is a Facebook brand page…

Keyword Advertising Lawsuits Against Search Engines Mostly Tossed--Parts[.]com v. Google and Yahoo

Keyword Advertising Lawsuits Against Search Engines Mostly Tossed–Parts[.]com v. Google and Yahoo

I know of only two pending trademark lawsuits against search engines for selling trademarked keywords: Parts.com and Carla Ison. Ison’s lawsuit has been dismissed and is on appeal, where it will be crushed. This week, Parts.com’s lawsuits against Google and…

Previewing Lexmark vs Static Control, A Rare Supreme Court Case On False Advertising (Forbes Cross-Post)

Previewing Lexmark vs Static Control, A Rare Supreme Court Case On False Advertising (Forbes Cross-Post)

[Introductory note: Today the Supreme Court heard oral arguments in the Lexmark v. Static Controls case. The transcript. Yesterday at Forbes, I posted a case preview. I'm sharing that here with you now; it's still useful context-setting for the oral...

Privacy Plaintiffs Lose Because They Didn't Rely on Apple's Privacy Representations -- In re iPhone App Litigation

Privacy Plaintiffs Lose Because They Didn’t Rely on Apple’s Privacy Representations — In re iPhone App Litigation

Plaintiffs sued Apple claiming they relied on privacy representations from Apple and that the iOS environment was designed to “easily” allow for transmission of user information to third parties. A separate sub-class alleged that Apple collected location information even when…

Another Keyword Advertising Lawsuit Unceremoniously Dismissed--Infostream v. Avid

Another Keyword Advertising Lawsuit Unceremoniously Dismissed–Infostream v. Avid

Infostream Group Inc. v. Avid Life Media Inc., 2013 WL 6018030 (C.D. Cal. Nov. 12, 2013) There is an active, long-standing and wide-ranging litigation war being waged between two groups of websites in the “sugar daddy“/”sugar baby” hook-up category. I…

How California's New 'Do-Not-Track' Law Will Hurt Consumers (Forbes Cross-Post)

How California’s New ‘Do-Not-Track’ Law Will Hurt Consumers (Forbes Cross-Post)

California enacted a new law (AB 370) requiring many websites to disclose more information about how they track users. Websites that collect personal information about their users must disclose (1) how they respond to a web browser’s “do not track”…

California's Latest Effort To Keep Some Ads From Reaching Kids Is Misguided And Unconstitutional (Forbes Cross-Post)

California’s Latest Effort To Keep Some Ads From Reaching Kids Is Misguided And Unconstitutional (Forbes Cross-Post)

California recently enacted SB 568 (Business & Professions Code 22580) to prevent certain types of online advertising from being shown to kids. Like so many other state efforts to regulate the Internet, the new law takes an understandable regulatory objective…

Spam Arrest’s Sender Agreement Fails Because Email Marketer’s Employees Lacked Authority–Spam Arrest v. Replacements (Forbes Cross-Post)

By Eric Goldman Spam Arrest LLC v Replacements Ltd., 2013 WL 4675919 (W.D. Wash. Aug. 29, 2013) People hate receiving spam, but most people stopped obsessing about spam a decade ago or more. In the interim, anti-spam filters have improved…