The Righthaven Debacle, 5 Years Later
“Your content is protected by copyright laws and a complete lack of interest.” // ShutterStock You probably recall Righthaven, the now-defunct copyright enforcement entity (some might call it a copyright…
Damages from Competitive Keyword Advertising Are “Vanishingly Small”
…1,000 impressions and 61 clicks. 800-JR Cigar v. GoTo.com: the search engine defendant generated $345 in revenue (not profit, just revenue) from the litigated terms. 1-800 Contacts v. Lens.com: Lens.com…
More Defendants Win Keyword Advertising Lawsuits
Photo credit: Keyword Advertising 3d render concept with blue and white arrows flying over a white background // ShutterStock I’m reporting results in keyword advertising lawsuits as I see them….
Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. OxBlue
…the doctrine actually helped a plaintiff win a case; and to the extent other courts follow the 1-800 Contacts v. Lens.com ruling, we may never see another successful initial interest…
Q2 2014 Quick Links, Part 1 (IP)
Photo credit: 3D Quick Link Crossword // ShutterStock Trademark * Barton Beebe has posted a new free casebook, Trademark Law: An Open-Source Casebook. Quite possibly the new gold standard of…
How Well Do You Know IP Trivia? Let’s Find Out
Like all other exams administered by law professors, this one was designed to make you question if you are smarter than a snail. Photo credit: The word Quiz in red…
Is It Software? Is It a Service? It Matters for Trademark Registration Purposes
…on the software, and cancelled the registration. The decision is consistent with, and cites, the 2012 Federal Circuit decision in the long-running saga of Lens.com v. 1-800 Contacts. In Lens.com,…
It’s Illegal For Offline Retailers To Collect Email Addresses–Capp v. Nordstrom
…Beats Lawsuit Alleging Violation of California’s “Shine the Light” Privacy Statute — Boorstein v. Men’s Journal * “Electronically Printed” Does not Include Automated Merchant Email — Shlahtichman v. 1-800 Contacts…
eBay Not Liable for Technical Glitch When Seller Doesn’t Set Reserve Price — D’Agostino v. eBay
By Jake McGowan D’Agostino v. eBay, Inc., NO. A–5954–11T4 (N.J. Super. Ct. Sept. 13, 2013) To what extent is eBay liable for “lost profits” when a technical glitch makes a…
2013 Internet Law Syllabus and Casebook Now Online
…General Steel v. Chumley and notes about 1-800 Contacts v. Lens.com, the financial futility of keyword litigation, and Tre Milano. Privacy. I added some definitions from the new COPPA regulations….