GEICO v. Google Opinion (Finally) Issued

Government Employees Insurance Co. v. Google, Inc., No. 1:04cv507 (E.D. Va. Aug. 8, 2005). Overview On December 15, 2004, Judge Brinkema made an oral ruling in this case and promised to produce a written opinion in “a brief amount of…

Search Tidbits from ABA Annual Meeting

At the ABA Annual Meeting, I was on a panel with Rose Hagan of Google and Allison McDade of Dell. A couple of tidbits from the presentations that caught my attention: 1) Rose said that Google has now been sued…

How Would You Advertise a Strip Club?

The Century Lounge is a strip club located on Century Boulevard in LA right at the 405 freeway. Historically, it has advertised itself with a sign that says “Live Nude Nude Nudes” in earth toned psychedelia letters. Just about everyone…

Keyword Disputes Presentation

Tomorrow I’m speaking at the ABA Annual Meeting about trademark law and keyword disputes. I’ve prepared slides discussing the latest state of the law regarding keyword-triggering of ads by both search engines and adware.

New Case Law Lists

Sorry for the catch-all posting, but I have uploaded several new resources to my website: A list of online contracts cases (emphasizing, in particular, online contract formation). A list of online service provider liability cases (copyright, trademark, 47 USC 230)….

Surowiecki on the Decline of Brands

Catching up on back reading, I came across James Surowiecki’s Wired article The Decline of Brands from Nov. 2004. If you haven’t read it, I recommend the article highly–it’s provocative and interesting. Surowiecki argues that consumers’ brand loyalty has declined…

Ripoffreport.com Wins 47 USC 230 Case

Whitney Information Network, Inc. v. Xcentric Ventures, LLC, 2005 WL 1677256 (M.D. Fla. Jul 14, 2005). The plaintiff runs real estate training programs. The defendants run ripoffreport.com and ripoffrevenge.com where consumers can submit complaints about businesses. The consumers write the…

Settlement in Jewish Rock and Roll Hall of Fame Case

Rock and Roll Hall of Fame and Museum Inc. v. Jewish Rock and Roll Hall of Fame Inc., No. 1:05-cv-0527 (N.D. Ohio complaint filed February 7, 2005 and order of dismissal filed July 5, 2005). Reuters reports that the case…

Trademarking a Blog Name

Marty Schwimmer weighs in on whether blog names are trademarkable and whether registration is a good idea. (His answers: mostly yes and maybe). From my perspective, trademark law is a cumbersome, expensive and unpredictable solution to managing a pool of…

Top Internet IP Cases of 2005 (So Far)

For the past two years, John Ottaviani and I have compiled a list of the top Internet IP cases of the year. (Despite the attribution, John O. did all the heavy drafting work). See our lists for 2003 and 2004….