H1 2012 Quick Links, Part 1 (Trademarks/Domain Names, Patents, Trade Secrets, IP)
…JC Penney for buying keyword ads triggered by brand name of goods it didn’t sell. * Update on the Lens.com v. 1-800 Contacts antitrust lawsuit. Prior blog post. * Spanish…
CYBERsitter Sues Google for AdWords Trademark Infringement
…for ad buys by its affiliates. See 1-800 Contacts v. Lens.com. Either way, I suspect CYBERsitter and ContentWatch can work out their differences. As I’ve documented many, many times, the…
Trademark Lawsuit Over Website Text Comparing Products Baffles the Judge–AR Pillow v. Cottrell
By Eric Goldman AR Pillow Inc. v. Cottrell, 2012 WL 868109 (W.D.Wash. March 13, 2012). The complaint. Every time I read an opinion like this, a little piece of me…
Another Data Loss Case Tossed on Article III Grounds–Whitaker v. Health Net
[Post by Venkat Balasubramani] Whitaker v. Health Net of California, Inc., Civ S-11-0910 KHM-DAD (E.D. Cal.; Jan. 19, 2012) This is another data breach class action. Plaintiffs tried to squeeze…
Just How Egregiously Must a Trademark Plaintiff Act Before a Court Awards Attorneys’ Fees to the Defendant?–1-800 Contacts v. Lens.com
…harsh words for 1-800 Contacts, including calling 1-800 Contacts’ behavior “troubling” and specifically referencing its hypocrisy for suing over behavior it had itself engaged in. The court also says “1-800…
Keyword Advertiser Mostly Defeats Trademark Lawsuit–Scooter Store v. SpinLife
…clicks. – 1-800 Contacts v. Lens.com. 1-800 Contacts spent no less than $650k (and was willing to spend $1.1M) to pursue Lens.com, which made $20 of profit from competitive keyword…
Nov.-Dec. 2011 Quick Links, Part 2 (Extended IP Edition)
…The court denies 1-800 Contacts’ motion for post-judgment relief based on newly discovered evidence. This case could be a textbook case of trademark bullying–remember, 1-800 Contacts has spent well over…
Righthaven Hit With Another Fee/Cost Award, This Time Nearly $120k–Righthaven v. DiBiase
By Eric Goldman Righthaven LLC v. DiBiase, 2011 WL 5101938 (D. Nev. Oct. 26, 2011) There’s really not much to say about this one. In a brief opinion that speaks…
In Hannaford Data Breach Case, First Circuit Says Card Replacement and ID Theft Insurance are Reasonable Mitigation Damages and Compensable–Anderson v. Hannaford Bros.
[Post by Venkat Balasubramani] Anderson v. Hannaford Brothers Co., 10-2384; 2450 (1st Cir. Oct. 20, 2011) Background: Plaintiffs sued Hannaford based on a massive data breach in 2007. In this…
Colorado Judge Drills Righthaven and Awards Attorneys’ Fees–Righthaven v. Wolf
By Eric Goldman Righthaven LLC v. Wolf, 1:11-cv-00830-JLK (D. Colo. Sept. 27, 2011) Another judge, this time in Colorado, issued another stinging rebuke to Righthaven. This time it was Judge…