PGA Can Turn Caddies Into 'Human Billboards'--Hicks v. PGA Tour

As I’ve written before, marketers are in a never-ending quest to find and exploit new ways to capture consumer attention. With the rise of DVR ad-avoidance technologies, marketers keep finding more unskippable broadcast TV ad exposures like product placements. And…

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…

Buyer Wins Dispute Over Earnout For Purchased Websites

This is an earnout dispute arising out of Internet Brands’ purchase of the “doityourself.com” website. The website was launched in 1995. By 2006, it averaged 1,770,000 unique monthly visitors and earned almost $1 million in revenues. In December 2006, Internet…

Why The Subway 'Footlong' Lawsuits Fell Short (Forbes Cross-Post)

You may recall the lawsuit against Subway Restaurants for selling “12 inch” and “footlong” sandwiches that were allegedly less than 12 inches long. The case attracted lots of media attention and consumer sniggers because of Subway’s ubiquity (and the endless…

Customer Loses Suit Over Employees' Disparaging Facebook Posts--Howard v. Hertz

This is a case involving allegedly discriminatory and disparaging Facebook posts made by a Hertz employee. A customer (Maurice Howard) alleged that he was the subject of a Facbook posts and comments by Hertz employees. The initial post, by Shawn…

CSS and HTML Code May Be Copyrightable--Media.net v. Netseer

Media.net and Netseer both offer contextual advertising services. Their clients place ad units on their website and, when visitors click on ads, they are taken to a “search results” page. Media.net accused Netseer of copyright infringement and various state law…

Using Scraper to Harvest Records Isn't Fraudulent Access Under CFAA--Fidlar v. LPS

Fidlar works with counties to digitize and index land records. It also makes available a software client (Laredo) that allows end users to access these records. Billing is handled by the counties, and counties have monthly access plans. The counties…

Posting Vacation Photos To Facebook Costs An Employee His Job--Jones v. Accentia (Forbes Cross-Post)

[Note: inexplicably, over at Forbes, this became my most-read blog post ever, with about a quarter-million views–even though it’s a short, breezy and quickly written post that I posted during the dead time of Sunday mid-morning.] Before the Internet, people…

Telephony Provider Didn't Properly Form a "Telephone-Wrap" Contract--James v. Global Tel*Link

Plaintiffs filed a putative class over fees paid for calls made by inmates in New Jersey correctional institutions. At issue is whether they should be required to arbitrate their claims. Defendant, GTL, has the exclusive right to provide phone services…

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…