Google Wins Keyword Lawsuit–Rescuecom v. Google
By Eric Goldman Rescuecom Corp. v. Google, Inc., No. 5:04-CV-1055 (N.D.N.Y. Sept. 28, 2006). You can find the ruling here (WARNING: 1.7MB file) Introduction and the 1-800 Contacts Precedent Last…
Search Engine Liability for Selling Keywords Redux–800-JR Cigar v. GoTo.com
By Eric Goldman 800-JR Cigar, Inc. v. GoTo.com, Inc., 2006 WL 1971659 (D. N.J. July 13, 2006) This is a confusing but important case about search engine liability for selling…
Google Hits and Misses
…to make inroads here. For now, I strictly use AIM, which is a competent product that most of my contacts use. * Google Finance, which is the 40th most visited…
Merck v. Mediplan Redux–Keyword Purchases Really Aren’t Trademark Use
…1-800 Contacts precedent. It wouldn’t surprise me if Merck asks them to do so. Meanwhile, if the Merck court is right about the reach of the 1-800 Contacts precedent, then…
Keyword Purchases Not a Trademark Use–Merck v. Mediplan Health Consulting
…1127(1)-(2)). This section effectively requires that consumers “see” the trademark usage for it to qualify. The Merck court, citing to the Second Circuit 1-800 Contacts ruling from last summer (as…
Competitor’s Keyword Ad Purchase May Be Trademark Infringement–Edina Realty v. TheMLSonline
…precedent on point, such as the first Geico ruling (finding Google made a use in commerce by selling keywords) and the 1-800 Contacts 2nd circuit opinion (finding that WhenU didn’t…
Top Cyberspace IP Cases of 2005
…1-800 Contacts, Inc. v. WhenU. Com, Inc., 414 F.3d 400 (2d Cir.), cert. denied, 126 S.Ct. 749 (2005). The owner of a website and the mark “1-800 Contacts” sued a…
RipoffReport.com Loses 47 USC 230 Motion to Dismiss–Hy Cite v. badbusinessbureau.com
…is said and done with this. Chris McFarland, J.D. 800 527 0476 x311 PS My understanding is that the MCW case was quickly settled by confidential agreement after that opinion…
2005 Blog Year-in-Review
…Case–1-800 Contacts v. WhenU. This is one of my favorite posts of the year. 4. Grokster Supreme Court Ruling 5. Steinbuch v. Cutler Update–Cutler’s Motion to Dismiss. This one got…
Supreme Court Denies 1-800 Contacts Cert Petition
By Eric Goldman Today the US Supreme Court denied 1-800 Contacts’ petition for certiorari of the second circuit opinion in 1-800 Contacts v. WhenU. I’m not surprised by the denial,…