By Eric Goldman Peter Menell has posted his article “Regulating ‘Spyware': The Limitations of State ‘Laboratories’ and the Case for Federal Preemption of State Unfair Competition Laws” to SSRN. This article thoroughly examines state-level unfair competition laws and how they…

Recent legislative activity in the US Senate has brought some press attention to the touchy issue of DNA collection by law enforcement. Similar proposed and passed DNA legislation at the state and federal levels over the last several years has also drawn court challenges. As a result, a fair number of court opinions on the suject exist, enough to allow a quick look at the legal countours and legislative status of DNA collection laws.

By Eric Goldman 1-800 Contacts has appealed the 2nd Circuit decision in the WhenU case to the US Supreme Court. A copy of the petition (warning–5+ MB PDF file). As the brief states, the question presented is: “Does ‘use’ of…

Mark Schultz Not getting what you want as a consumer is bad news (of course, sometimes you get what you need), but failing to supply what consumers really want is a big mistake for marketers. Sometimes it’s hard to figure…

By Eric Goldman Yesterday at a CLE conference in Minnesota, I spoke on a panel about IP blogging with Marty Schwimmer and John Welch. Collectively, we combined our blogrolls to create a master list of the blogs that the three…

By Eric Goldman I know that aggressive marketers develop what’s commonly referred to as “spam pages”–low-value-added web pages that are intended to be indexed by the search engines and receive a low amount of traffic. Even with a low amount…

By Mark McKenna If I told you that a famous professor from a well-known law school was arguing on his/her blog that law schools should consider discounting their tuition by 1% for each year a graduate stayed in the work…

Mark Schultz After a busy summer finishing a paper on copyright and social norms (thanks to Eric for the plug!) and dodging angry deer on SIU’s campus, I’ve returned for more guest blogging. Sooner or later, a blog on marketing…

By Mark McKenna The Seattle Post-Intelligencer has a story about SparkNet’s attempts to enforce trademark rights in the name of a radio show format (SparkNet refers to the format of a mishmash of musical artists and styles as “Jack”). SparkNet…

By Eric Goldman Mark Schultz, a guest blogger here, has loaded his new paper Fear and Norms and Rock & Roll: What Jambands Can Teach Us about Persuading People to Obey Copyright Law onto SSRN. The paper looks at “jam…