June 2007 Quick Links

By Eric Goldman Email * Spam cases are coming at a regular clip, and it’s tricky divining the latest state of the law. Two recent cases that caught my attention: – US v. Impulse Media Group, 2007 WL 1725560 (W.D….

Lead Fraud (A Cousin of Click Fraud)–NetQuote v. Byrd

By Eric Goldman NetQuote, Inc. v. Byrd, 2007 WL 1725587 (D. Colo. June 13, 2007) I know advertisers are fed up with click fraud, but let’s be clear–every ad payment method will be gamed. This case nicely illustrates that challenge….

Lawyer Rating Service Sued–Browne v. Avvo

By Eric Goldman Browne v. Avvo, CV7 920 (W.D. Wash. complaint filed June 14, 2007) You may have heard about Avvo, the latest entrant in the suddenly crowded field of lawyer ratings/rankings. Avvo pulls together a variety of third party…

May 2007 Quick Links

By Eric Goldman Spam * MySpace Inc. v. The Globe.com Inc., No. CV 06-3391 RGK (C.D. Cal. Feb. 27, 2007). This case has some personal interest because theglobe.com was one of my flagship clients before I left the law firm…

Zango’s Busy Litigation Docket

By Eric Goldman I got a tip that Zango’s lawsuit against PC Tools had been removed to federal court, which prompted me to search for “Zango” in PACER for the Western District of Washington. I learned that Zango has a…

Wikipedia and Search Engine Marketing (SEM) / Search Engine Optimization (SEO)

By Eric Goldman As regular readers know, this is one of my favorite topics! In December 2005 (and renewed December 2006), I predicted that marketers would overrun Wikipedia, contributing to Wikipedia’s demise. As further evidence of this effect, Danny Sullivan’s…

April 2007 Quick Links

By Eric Goldman * Rebecca blogs on CollegeNET, Inc. v. XAP Corp., 2007 WL 927946 (D. Or. March 26, 2007), where a jury awarded $4.5M in damages under 43(a) because the defendant had a privacy policy saying it wouldn’t disclose…

Utah Legislators Realizing They Screwed Up By Banning Keyword Advertising

By Eric Goldman Linda Fantin at the Salt Lake Tribune reports on the meeting between Utah legislators and various technology companies (Google, eBay, Microsoft, AOL, Yahoo, 1-800 Contacts and Overstock.com) to discuss the recently enacted Utah Trademark Protection Act banning…

Quiznos Sued for User-Created Ads–Subway v. Quiznos

By Eric Goldman Doctor’s Associates, Inc. v. QIP Holders, LLC, 2007 WL 1186026 (D. Conn. April 19, 2007) Hey all you UGC evangelists, listen up! UGC is terrific, but there can be a dark side regarding legal liability. This case…

Referencing TM in Online Ad Copy May Be TM Use in Commerce–Hamzik v. Zale

By Eric Goldman Hamzik v. Zale Corp./Delaware, 2007 WL 1174863 (NDNY April 19, 2007) Another lawsuit against an advertiser for buying keyword advertising. In this case, the plaintiff claims a trademark in the term “Dating Ring” and says that Zales.com…