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…

Q3 2014 Quick Links, Part 1 (RTBF, Reviews, IP & More)

Q3 2014 Quick Links, Part 1 (RTBF, Reviews, IP & More)

Right to Be Forgotten * U.S. Attitudes Toward the ‘Right to Be Forgotten’: 1. Sixty-one percent of Americans believe some version of the right to be forgotten is necessary. 2. Thirty-nine percent want a European-style blanket right to be forgotten,…

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…