Google Books Defeats Copyright Lawsuit Using 512(c)--Avdeef v. Google

Google Books Defeats Copyright Lawsuit Using 512(c)–Avdeef v. Google

The wheels of justice move slowly. To wit, the main Authors Guild vs. Google Books litigation has been percolating in the courts for almost a decade (September 20 is the 10 year anniversary–how do you plan to celebrate?!). Despite the…

Keyword Ad Lawsuit Isn't Covered By California's Anti-SLAPP Law

Keyword Ad Lawsuit Isn’t Covered By California’s Anti-SLAPP Law

The plaintiff, Los Angeles Yellow Cab, and defendants compete in the taxi industry. The defendants bought keyword ads at the search engines, such as the following triggered by the search “Yellow Cab Los Angeles”: Yellow Cab Los Angeles—Call 800–521–8294 or…

Delayed Search Database Updating Isn't Defamation--Ferrell v. Yahoo and Google

Delayed Search Database Updating Isn’t Defamation–Ferrell v. Yahoo and Google

This lawsuit is another unsuccessful attempt to manufacture an American “right to be forgotten.” Keyonna Ferrell sued Google and Yahoo pro se because allegedly she removed images from Pinterest but the search engines didn’t update their search results to reflect…

Trade School's Domain Name Lawsuit Drops Like a (Granite) Rock

Trade School’s Domain Name Lawsuit Drops Like a (Granite) Rock

I don’t often blog cases where New Hampshire figures so prominently, so this is a shoutout to all of my New Hampshirian/New Hampshirite friends! The litigants are competitor schools that train tradespeople such as plumbers and gas fitters. Granite State…

Troubling Trademark Ruling Over Amazon's Internal Search Results--MTM v. Amazon (Forbes Cross-Post)

Troubling Trademark Ruling Over Amazon’s Internal Search Results–MTM v. Amazon (Forbes Cross-Post)

When a consumer asks a retailer for a product the retailer doesn’t carry, how should the retailer respond? A recent federal appellate court opinion suggested that Amazon.com gave the wrong answers to consumers searching for a watch brand that it…

Confusion From Competitive Keyword Advertising? Fuhgeddaboudit

Confusion From Competitive Keyword Advertising? Fuhgeddaboudit

[Note: I wrote this post over the weekend, before the atrocious MTM v. Amazon case. I think virtually all of this post remains current despite that ruling. I’ll blog the MTM case separately.] I’ve been chronicling the futility of competitive…

Competitive Keyword Advertising Permitted As Nominative Use--ElitePay Global v. CardPaymentOptions

Competitive Keyword Advertising Permitted As Nominative Use–ElitePay Global v. CardPaymentOptions

I know, it’s getting repetitive blogging about competitive keyword advertising cases failing in court. But trademark owners keep bringing them, so I’ll keep blogging them. The Ruling The trademark owner does business as ElitePay Global. It provides “merchant payment solutions…

Google And Yahoo Defeat Last Remaining Lawsuit Over Competitive Keyword Advertising (Forbes Cross-Post)

Google And Yahoo Defeat Last Remaining Lawsuit Over Competitive Keyword Advertising (Forbes Cross-Post)

Keyword advertising using competitors’ trademarks is now so well-accepted, it may be hard to remember that the practice used to generate serious debate among lawyers and ethicists. In particular, the search engines drew substantial legal fire from trademark owners for…

Can Lawyers Buy Keyword Ads On Each Others' Names At Google? (Forbes Cross-Post)

Can Lawyers Buy Keyword Ads On Each Others’ Names At Google? (Forbes Cross-Post)

“Competitive keyword advertising” occurs when a company buys the trademarks of its competition as keywords for search engine marketing. In the 2000s, it was one of the most interesting and hotly-contested issues of Internet Law as trademark owners filed many…

Mixed Ruling in Competitive Keyword Advertising Case--Goldline v. Regal

Mixed Ruling in Competitive Keyword Advertising Case–Goldline v. Regal

The lawsuit’s principal participants are rivals in the precious metals and coin industry. The defendant organization, Regal, has an affiliate program, and it appears that some affiliates bought competitive keyword advertising using the plaintiff Goldline’s trademark. The ruling is on…