1H 2017 Quick Links, Part 3 (Google, Facebook, Uber, Airbnb)

Google * Bloomberg: Google Now Scrubbing Private Medical Records From Search Results * Search Engine Land: A deep look at Google’s biggest-ever search quality crisis * Search Engine Land: Google launches new effort to flag upsetting or offensive content in…

1H 2017 Quick Links, Part 1 (Trademarks, Keyword Ads)

Trademark * Viacom Int’l Inc v. IJR Capital Investments LLC, 2017 WL 107141 (S.D. Tex. Jan. 11, 2017): “Because “The Krusty Krab” is a recurring element of the “SpongeBob SquarePants” show, the court finds that the mark is eligible for…

Section 230 Protects Google's Decision Not To De-Index Content--Bennett v. Google

Section 230 Protects Google’s Decision Not To De-Index Content–Bennett v. Google

Dawn J. Bennett was a financial advisor in major trouble with the SEC. She also has a sporting apparel company. She hired an SEO, Pierson, to improve the search engine indexing of her website. After a payment dispute, Pierson posted…

Frequency of Courts' References to Emojis and Emoticons Over Time

Frequency of Courts’ References to Emojis and Emoticons Over Time

[This is another excerpt from my Emojis and the Law paper.] In preparing the article, I gathered a dataset of all cases I could find in Westlaw and Lexis containing the word “emoticon” or “emoji.” This dataset is subject to…

1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That--FTC v. 1-800 Contacts

1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. 1-800 Contacts

As you recall, the FTC has taken the position that 1-800 Contacts’ agreement with competitors, via settlement agreements, not to bid on each other trademarks as keywords violates antitrust laws. Prior blog posts: * FTC Sues 1-800 Contacts For Restricting…

Catching Up On Some Recent Click Fraud Rulings

After all of the excitement over click fraud a decade ago, we don’t often see click fraud cases any more. However, just in the past couple months I’ve seen 3 rulings that I wanted to share with you. Wickfire, LLC…

FTC Explains Why It Thinks 1-800 Contacts' Keyword Ad Settlements Were Anti-Competitive--FTC v. 1-800 Contacts

FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. 1-800 Contacts

As you may recall, the FTC is pursuing 1-800 Contacts for antitrust violations based on 1-800 Contacts having sued and then settled with competitors who bought keyword ads on 1-800 Contacts’ trademarks. Recently, the FTC filed its “Complaint Counsel’s Corrected…

Plaintiff Can’t Erase Court Order From the Internet–Nelson v. Social Security Commissioner

The Commissioner of Social Security ruled that Nelson’s disability ended in 2010 and terminated benefits. In 2014, Nelson filed a federal lawsuit contesting that determination. In 2014, the judge ruled in her favor. In 2016, Nelson went back to court….

Trademark Lawsuit Claiming Organic Search Results Create Initial Interest Confusion Falls Apart–Larsen v. Larson

Disclosure note: I provided an expert report in this now-dismissed case, so you might consider my comments to be advocacy. I’ll explain my expert role in a bit. The Court Opinion Susan Larsen practices business law in the Denver, Colorado…

Your Periodic Reminder That Initial Interest Confusion Lawsuits Are Stupid--Epic v. YourCareUniverse

Your Periodic Reminder That Initial Interest Confusion Lawsuits Are Stupid–Epic v. YourCareUniverse

The plaintiff has a registered trademark for “CARE EVERYWHERE” for B2B healthcare software. The defendant, YourCareUniverse, also makes healthcare software. It extended its brand to include “YOURCAREEVERYWHERE” and launched a public-facing patient healthcare portal under the extended brand. The plaintiff…