Catching Up on Section 230 Cases From the Past 18 Months

Catching Up on Section 230 Cases From the Past 18 Months

I try to blog every Section 230 case I see. However, over the past year and a half, I’ve collected a few Section 230 cases that I had hoped to blog but that fell through the cracks for one reason…

Damages from Competitive Keyword Advertising Are "Vanishingly Small"

Damages from Competitive Keyword Advertising Are “Vanishingly Small”

Competitive keyword advertising lawsuits typically lose on their merits, but in this particular case, the defendants conceded that their AdWords campaign contributed to trademark infringement. Nevertheless, the defendants contested damages, and the court tells an oh-so-familiar story: Apparently, Defendants bid…

More Defendants Win Keyword Advertising Lawsuits

More Defendants Win Keyword Advertising Lawsuits

I’m reporting results in keyword advertising lawsuits as I see them. TL;DR: defendants keep winning. Two more rulings supporting that proposition: CollegeSource, Inc. v. AcademyOne, Inc., 2015 WL 469041 (3d Cir. Feb. 5, 2015). (some citations ommitted) See my blog…

Google Isn't Liable For Including Unlicensed Locksmiths in Directories--Baldino's Lock v. Google

Google Isn’t Liable For Including Unlicensed Locksmiths in Directories–Baldino’s Lock v. Google

Some states, including Virginia, require locksmiths to obtain state-issued licenses. Baldino’s Lock & Key, a licensed locksmith, is unhappy about being on the same search results pages as unlicensed locksmiths. It sued Google and various business directory providers for commingling…

Reports on Expunged Arrest Can't Be Erased From the Internet--Martin v. Hearst

Reports on Expunged Arrest Can’t Be Erased From the Internet–Martin v. Hearst

We don’t have a “right to be forgotten” here in the United States, so plaintiffs are experimenting with doctrinal workarounds to achieve the same outcomes. As today’s case illustrates, those workarounds are destined to fail. Lorraine Martin was arrested in…

Top 10 Internet Law Developments of 2014 (Forbes Cross-Post)

Top 10 Internet Law Developments of 2014 (Forbes Cross-Post)

It’s time for my annual recap of the top Internet Law developments of the year. #10: Copyright Fair Use Tilts To Defense. Larry Lessig has famously said that “fair use in America simply means the right to hire a lawyer…

Another Keyword Advertising Lawsuit Fails Badly

Another Keyword Advertising Lawsuit Fails Badly

This case is so pathetic, it probably only warrants a tweet. The TL; DR version: another trademark owner initiates a lawsuit over keyword advertising and gets crushed in court. The end. The antagonist is a Florida van rental service operating…

Top 10 Fair Use Cases of 2014 (Guest Blog Post)

Top 10 Fair Use Cases of 2014 (Guest Blog Post)

[Eric’s introduction: in my blog post on the copyrightability of resumes, I observed that¬†“2014 has been a terrific year for fair use” and mused that “It would be great if someone did a ‘top 10 fair use rulings of 2014′…

Bust Up Google? Only If Europe Wants To Make Things Worse (Forbes Cross-Post)

Bust Up Google? Only If Europe Wants To Make Things Worse (Forbes Cross-Post)

Recently, the European Parliament passed a resolution urging the European Commission to “consider proposals aimed at unbundling search engines from other commercial services.” The resolution was mostly symbolic. It was really just a straw poll on European policy-makers’ high level…

Duplicitous Competitive Keyword Advertising Lawsuits--Fareportal v. LBF (& Vice-Versa)

Duplicitous Competitive Keyword Advertising Lawsuits–Fareportal v. LBF (& Vice-Versa)

OK, let me offer a proposition that seems so obvious to me that I feel silly saying it. If you buy your competitor’s trademarks as keywords, it’s not advisable to sue your competitors for buying your keywords. Yes? Are you…