WhenU Opposition to 1-800 Contact’s Certiorari Petition
By Eric Goldman WhenU has filed its opposition to 1-800 Contact’s petition for certiorari from the US Supreme Court. WhenU’s main argument: “1-800 mischaracterizes the decision below as holding that…
Adware Witchhunt Gone Awry
…* Edelman on “Intermediaries’ Role in the Spyware Mess” * LA Times on Adware Advertisers–Including 1800 Contacts? * Will Spitzer Go After the Adware Industry? * Does AskJeeves Have a…
1-800 Contacts Appeals 2nd Circuit WhenU Decision to the Supreme Court
…One final interesting point: there appears to be a change of counsel on 1-800 Contacts’ side. 1-800 Contacts’ lead counsel used to be Terence Ross of Gibson Dunn’s DC office;…
U.T. v. Longhornsingles.com Part 2 – state email filtering
…last half-sentence is easily the 800-pound gorilla in this case. Granted, this case was not about filtering based on content, but about filtering based on mail volume. It is perhaps…
The FCC Proclaims Itself the UDRP for 800 Numbers
By Eric Goldman From Kevin Poulson’s Wired story: An entrepreneur registers 800-RED-CROS[S]. He claims to have done so because it has the same number as 800-RED-ARMS, and he was running…
Gripers 1, Initial Interest Confusion 0–Lamparello v. Falwell
…gripe sites (Bosley and Lamparello) and major win for adware vendors (1-800 Contacts). This trend suggests that the courts are correcting the silly doctrines that were an overreaction to the…
Fall 2005 Cyberlaw Syllabus
…Congressional Research Service report * 1-800 Contacts v. WhenU 2nd Circuit ruling * Utah Spyware Control Act (amended) * My CNET editorial on adware advertiser liability ALthough this may seem…
GEICO v. Google Opinion (Finally) Issued
…ruling, the opinion adds almost nothing new in terms of insights into the judge’s view. What I find interesting is that the court, like the 1-800 Contacts Second Circuit panel,…
Top Internet IP Cases of 2005 (So Far)
…the first half of 2005, in rough order of importance: 1. Grokster. This one’s easy! Grokster and StreamCast may have induced infringement. 2. 1800 Contacts v. WhenU. Adware vendor does…
Important 2d Circuit Adware Case–1-800 Contacts v. WhenU
…Second Circuit gets it 100% correct here. However, in support of this point, the court makes an odd distinction between “www.1800*]}*contacts.com” and the trademark “1-800Contacts.” The court says that www.1800*]}*contacts.com…