Doe v. MySpace.com — Continued
By John Ottaviani I was finally able to read the complaint. It raises some very interesting issues concerning the obligations of website hosts and Internet service providers to institute and enforce appropriate security measures to decrease the likelihood of harm…
Google Click Fraud Settlement Approved
By Eric Goldman The Arkansas judge approved the settlement in the Lane’s Gifts and Collectibles v. Google case. Ruling here. Google’s announcement here. For reasons I’ve explained before, this is a Big Win for Google (and, not a bad payday…
Send in the Clowns’ (Lawyers)
By Eric Goldman In response to parental demands, some clowns wear (without permission) costumes that imitate Barney the dinosaur, Bob the Builder, Thomas the Tank Engine, Clifford the Big Red Dog and other cartoon characters as part of their birthday…
Stay at Home Mom K’s Johnny Damon’s Right of Publicity Claim
By John Ottaviani Last week, ESPN.com reported yet another unsuccessful and ridiculous attempt to use trademark law to stifle negative commentary. According to the article, Ann Sylvia, a Massachusetts mother of two children, has operated an on-line store on eBay…
Blog Law Recap
By Eric Goldman Spring was a busy time for blog law! This post recap some blog law resources: * My talk on blogs and intellectual property at the Milwaukee Bar Association (newly posted) * Notes from my talk on blog…
Yahoo Click Fraud Settlement Preliminary Approval
By Eric Goldman Checkmate Strategic Group, Inc. v. Yahoo, Inc., No. 2:05-CV-04588-CAS-FMO (C.D. Cal. preliminary settlement approved June 28, 2006) I’m a little late blogging this, but Yahoo has gotten preliminary approval to settle its click fraud lawsuits. The basic…
Google Click Fraud Report
By Eric Goldman In preparation for the court’s final approval of the settlement in the Lane’s Gifts v. Google click fraud case, the parties hired an expert to assess Google’s click fraud control mechanisms. The report can be found here….
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 trademarked keywords. Because of the opinion’s convoluted nature, there’s no…
Web Marketing Legal Issues Talk
By Eric Goldman I gave a talk today to in-house counsel on the topic of common marketing mistakes by e-commerce websites. My slides.
Another Day, Another Lawsuit Over Search Engine Placement–Datner v. Yahoo
By Eric Goldman Datner v. Yahoo! Inc, Case No. BC355217 (Cal. Superior Court complaint filed July 11, 2006) Websites dropped from search engine databases may not be getting rich, but maybe their lawyers are. This is the latest entry in…