Lawsuit Over Google Ads for Mobile Services Dismissed Per 230–Goddard v. Google

By Eric Goldman Goddard v. Google, Inc., 2008 WL 5245490 (N.D. Cal. Dec. 17, 2008). My initial post when the complaint was filed. The Justia page. Goddard sued Google because Google displayed third party AdWords ads for allegedly fraudulent mobile…

Vulcan Golf v. Google Class Certification Denied

By Eric Goldman Vulcan Golf, LLC v. Google Inc., 1:07-cv-03371 (N.D. Ill. Dec. 18, 2008). Previous blog posts: initial complaint filed, ruling on motion to dismiss This is a complex lawsuit by trademark owners attacking domaining and the role of…

Google’s Latest Attempt to Kill the CLRB Hanson Lawsuit Fails

By Eric Goldman CLRB Hanson Industries, LLC v. Google, Inc., NO. C 05-03649 JW (N.D. Cal. Dec. 16, 2008) CLRB v. Google is the long-running lawsuit (3 1/2 years and counting) over Google’s adherence to advertising limits that advertisers set…

Keyword Ads and Other Marketing Supports Remote Jurisdiction–Market America v. Optihealth

By Eric Goldman Market America v. Optihealth Products, Inc., 2008 WL 5069802 (M.D.N.C. Nov. 21, 2008) This lawsuit involves the trademark “OPC-3.” “OPC” is the generic term for “group of antioxidant bioflavonoids” that companies sell as dietary supplements. The plaintiff…

Search Engines Aren’t Liable for Gambling Ads Per 230–Cisneros v. Yahoo

By Eric Goldman Cisneros v. Yahoo, CGC-04-433518 (Cal. Superior Ct. “Tentative Trial Decision” Nov. 6, 2008) I am frequently asked if 47 USC 230 protects websites for claims based on the ads they run. My answer is emphatically “yes” unless…

October 2008 Quick Links, Part 2

By Eric Goldman Spam * Kramer v. Perez. An Iowa court awards $236M in damages in a spam case. Venkat’s comments. * After the government lost its jury trial against Impulse Media, the court denied Impulse Media attorneys fees. Contracts…

Yellow Pages Publisher Hit with $1.5M Fraud Judgment for Publishing False Ad–Knepper v. Brown

By Eric Goldman Knepper v. Brown, CC 9903-02495 (Or. Sup. Ct. Oct. 9, 2008) A woman got a botched liposuction job (which plaintiff’s expert described as an “uncorrectable disaster”) from Dr. Brown, a dermatologist. She sued the dermatologist and Dex,…

Lambotte’s Click Fraud Lawsuit Against IAC Survives Motion to Dismiss

By Eric Goldman Lambotte v. IAC/InterActiveCorp, 2008 WL 4829882 (C.D. Cal. Nov. 4, 2008). Initial blog post on the filing of the first complaint. Lambotte filed this putative class action lawsuit against IAC in May based on alleged click fraud….

CAN-Spam-a-Friend?–Hoang v. Reunion.com

Hoang v. Reunion.com sidesteps an eagerly anticipated legal dispute over the legality of commercial address book scraping and ‘send-to-a-friend’ emails, and also highlights the damage that can cascade when a federal Circuit Court woefully misreads a statute. By Ethan Ackerman…

September 2008 Quick Links, Part 3

By Eric Goldman eBay * Universal Grading Service v. eBay, Inc. More fallout from the National Numismatic v. eBay case–another lawsuit alleging antitrust and defamation because eBay designated some coin rating services as preferred and impliedly devalued others. * Windsor…