Trademark Owners Just Can't Win Keyword Advertising Cases--EarthCam v. OxBlue

Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. OxBlue

I have repeatedly observed that trademark owners routinely lose their lawsuits against advertisers who buy their trademarks as advertising keywords. (This is in addition to the futility of bringing trademark lawsuits against search engines, which almost no one does any…

The GOOGLE Mark Isn't Generic--Elliott v. Google (Forbes Cross-Post)

The GOOGLE Mark Isn’t Generic–Elliott v. Google (Forbes Cross-Post)

The “Google” trademark regularly ranks as one of the most valuable trademarks in the world. In 2011, Forbes estimated the trademark’s value at $44B, and a more recent estimate placed the value at $113B. Almost certainly, the “Google” trademark is…

Primer on European Union's Right To Be Forgotten (Excerpt from My Internet Law Casebook) + Bonus Linkwrap

Primer on European Union’s Right To Be Forgotten (Excerpt from My Internet Law Casebook) + Bonus Linkwrap

I haven’t yet written about the ECJ Right to Be Forgotten ruling directly, though I’ve already referenced it on the blog a few times. The ruling itself came out during a business trip when I was tied up, so I…

Minors' Privacy Claims Against Viacom and Google Over Disclosure of Video Viewing Habits Dismissed

Minors’ Privacy Claims Against Viacom and Google Over Disclosure of Video Viewing Habits Dismissed

Plaintiffs alleged that Viacom and Google violated the Video Privacy Protection Act and other federal and state privacy laws by improperly collecting and passing along information when end users (kids) viewed videos or games at Viacom-owned websites (nick.com, nickjr.com, and…

Q2 2014 Quick Links, Part 2 (Consumer Reviews, Defamation & More)

Q2 2014 Quick Links, Part 2 (Consumer Reviews, Defamation & More)

Consumer Reviews * In re Margrett A. Skinner (Ga. Sup. Ct. May 19, 2014). Lawyer publicly reprimanded for disclosing client confidential information to rebut the client’s online reviews. See my Forbes post. * Loftus v. Nazari, 2:10-cv-00279-WOB-JGW (E.D. Ky. May…

Advertiser May Have Claims Against SEO Firm Using Undisclosed Spammy Practices

Advertiser May Have Claims Against SEO Firm Using Undisclosed Spammy Practices

A law firm bought SEO services from an organization called “The Rainmaker Institute.” The relationship didn’t end well. The law firm now says the SEO firm used undisclosed spammy techniques that had a high risk of triggering Google penalties. Allegations…

Q1 2014 Quick Links, Part 2

Q1 2014 Quick Links, Part 2

Social Media * Collins v. Louisiana State Police, No. 13-412 (La. Ct. App. Oct. 23, 2013): a person’s online life depicted in social media is commonly not intended to reflect reality as much as it is intended to engender discourse. Therefore,…

Of Course The First Amendment Protects Baidu's Search Engine, Even When It Censors Pro-Democracy Results (Forbes Cross-Post)

Of Course The First Amendment Protects Baidu’s Search Engine, Even When It Censors Pro-Democracy Results (Forbes Cross-Post)

Baidu.com is the leading search engine in China. The plaintiffs in this case have published materials online about the democracy movement in China. They allege that, at the request of the Chinese government, Baidu excludes pro-democracy search results, including their…

H2 2013 Quick Links, Part 2 (Privacy, Search Engines)

H2 2013 Quick Links, Part 2 (Privacy, Search Engines)

NSA * WaPo: The NSA seems to really enjoy exploiting high profile tech companies. * The Guardian: the Snowden incident portends the death of the Internet. * The Switch: Yes, there actually is a huge difference between government and corporate surveillance. * American Panopticon: How a…

Top Ten Internet Law Developments Of 2013 (Forbes Cross-Post)

Top Ten Internet Law Developments Of 2013 (Forbes Cross-Post)

A look back at the Internet law highlights of 2013: #10: Copyright Defendants Get High-Stakes Wins. 2013 saw several copyright defendants win long-running litigation affairs–and potentially crack open new markets, including (1) Google’s stirring win in its nearly decade-long Google…