Lee Gomes points out that self-service ad programs like AdSense fund the creation of junky low-value websites that constitute a new form of search engine spam. He hits the nail perfectly when he says: “a kind of schizophrenia exists at…

Panicware v. International Software Systems Solutions (SDNY complaint filed April 27, 2005). Panicware is suing a competitor Stopzilla for purchasing ads triggered by the keyword “POP-UP STOPPER,” which purportedly diverts Panicware’s customers. As the press release says, “There is no…

My colleague Irene Calboli has written a paper on trademark assignment in gross entitled Trademark Assignment With Goodwill: A Concept Whose Time Has Gone, scheduled to be published in the Florida Law Review later this year. She thoroughly recounts the…

Marquette’s Announcement Marquette sent out the following announcement yesterday: “Marquette is participating in the launch of “Define the Line,” a national program aimed at discouraging illegal sharing and downloading of software. The program calls upon students, faculty and staff to…

Nothing tells your mom that you love her like an e-card with soft piano music, floating butterflies, pretty wildflowers…and some consumer protection tips from the FTC. Thanks to the Washington Post for the pointer.

Download.com has declared itself adware bundle-free—all downloads from Download.com will be certified not to be bundled with adware. Personally, I think this step goes a little far. Many of the software programs offered on Download.com are shareware or freeware, so…

I missed this before—perhaps I wasn’t the only one. ICANN has repeatedly attempted to impose a “tax” on domain names. This was first proposed back in 1999 and again at the end of 2004. Now, at the end of March,…

Uli Widmaier of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP has written an important new article, Use, Liability, and the Structure of Trademark Law, 33 Hofstra L. Rev. 603 (2004). The article makes a persuasive argument why keyword triggering should…

New York v. Intermix Media (complaint filed April 28, 2005). Elliott Spitzer has sued software vendor Intermix Media (formerly eUniverse) for violations of New York’s consumer protection act, false advertising and common law trespass to chattels based on Intermix’s “spyware/adware.”…

I exchanged emails with Ed Foster regarding the anti-camcordering portion of the ART Act. Ed expressed concerns about the proportionality of criminalizing camcordering, and he has a point. Merely recording a movie is not, by itself, harmful. At worst, camcordering…