Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. –Adler v. Reyes & Adler v. McNeil

…OK With That–FTC v. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. 1-800 Contacts * Amazon Defeats Lawsuit Over Its Keyword Ad…

Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All

…Against 1-800 Contacts’ Keyword Ad Restrictions * 1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. 1-800 Contacts * FTC Explains Why It…

My Galley by CJR Interview on Trump’s Anti-Section 230 Executive Order

At Galley by CJR, I did a one-hour real-time virtual “interview” with Mathew Ingram on the topic of “Trump vs. Social Media.” For background, you may want to review my…

Trump’s “Preventing Online Censorship” Executive Order Is Pro-Censorship Political Theater

Introduction We all knew the day would come when the Trump Administration would try to censor the Internet. This was inevitable because of Trump’s dictatorial lust, his antipathy towards independent…

Top Internet Law Developments of 2019

…v. Malwarebytes, petition for rehearing at the Ninth Circuit (amicus brief supporting rehearing on behalf of 7 cybersecurity law professors), November 2019 (with Venkat Balasubramani) 1-800 Contacts v. Federal Trade…

“Copyright Troll” Lawyer Gets Sanctioned (Again)–Sands v. Bauer Media

Attorney Richard Liebowitz has filed more than 1,100 lawsuits since the beginning of 2016, a campaign this judge calls a “downpour.” This initiative has not gone smoothly. The court recaps:…

Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Newport Fishing

1-800 Contacts’ Keyword Ad Restrictions * 1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. 1-800 Contacts * FTC Explains Why It Thinks…

IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. FTC

…Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. 1-800 Contacts * FTC Complaint from Aug. 2016. Blog post: FTC Sues 1-800 Contacts For Restricting Competitive Keyword Advertising…

New Jersey Attorney Ethics Opinion Blesses Competitive Keyword Advertising (…or Does It?)

…Tidbits From FTC’s Antitrust Win Against 1-800 Contacts’ Keyword Ad Restrictions * 1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. 1-800 Contacts

1H 2019 Quick Links, Part 2 (Keyword Advertising)

* Grasshopper House LLC v. Clean & Sober Media LLC, 2019 WL 2762936 (C.D. Cal. July 1, 2019). Prof. Tushnet recaps the case. The passages that stood out to me:…