Google Defeats Lawsuit Over Duplicate Content Penalty--D'Agostino v. Appliances Buy Phone

Google Defeats Lawsuit Over Duplicate Content Penalty–D’Agostino v. Appliances Buy Phone

D’Agostino provided web development services to the Appliances Buy Phone (ABP) website. He wanted to sharpen his SEO skills, so he agreed in 2009 with the ABP owners to create a mirror version of ABP, called Appliances4Sale (AFS) as a…

Court Beats Down Another Competitive Keyword Advertising Lawsuit--Beast Sports v. BPI

Court Beats Down Another Competitive Keyword Advertising Lawsuit–Beast Sports v. BPI

If you’ve been keeping up with the blog over the past several years, you already know that competitive keyword advertising lawsuits consistently lose in court. So in that sense, today’s blog post isn’t telling you anything new. Yet, it’s still…

Court Orders Uber To Control Its Google Search Results

Court Orders Uber To Control Its Google Search Results

What happens when national trademarks, used on the borderless Internet, conflict with regional trademarks? This is one of the most venerable topics in Internet Law; see, e.g., the Blue Note case from 20 years ago. More recently, Jake blogged about…

2H 2015 Quick Links, Part 8 (Consumer Reviews, Google)

2H 2015 Quick Links, Part 8 (Consumer Reviews, Google)

Consumer Reviews * In the hotel industry, “social media postings are resulting in additional capital expenditures as owners become more aware of and respond to criticisms and unfavorable comments. This effect became significant starting around 2012 and continues to increase.”…

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…