Article on Regulating Marketing–A Coasean Analysis of Marketing
By Eric Goldman Eric Goldman, A Coasean Analysis of Marketing, 2006 Wis. L. Rev. __ (forthcoming). In 2001, I had a career-altering epiphany while I was working at Epinions (this is the topic that prompted me to consider becoming a…
Trademark Dilution Revision Act of 2006
By Eric Goldman Last week, President Bush signed the Trademark Dilution Revision Act of 2006 into law. Ostensibly, this law was intended to overturn the Moseley case’s requirement that plaintiffs show “actual dilution” instead of a “likelihood of dilution.” However,…
Must Websites Comply with the ADA (and State-Law Equivalents)? National Federation of the Blind v. Target
By Eric Goldman National Federation of the Blind v. Target Corp., No. C 06-01801 (N.D. Cal. Sept. 6, 2006) This case got a fair amount of attention when it first came out, so I’m a little late to this party….
Online Word of Mouth Presentation
By Eric Goldman Today I was in Pittsburgh presenting a work-in-progress talk called “Online Word of Mouth and Its Implications for Trademark Law.” My slides. Frank Pasquale’s and Rebecca Tushnet’s comments on the presentation.
Yahoo and Google Home Pages
By Eric Goldman Fascinating contraposition of stories on the Google and Yahoo home pages run by the Washington Post and BusinessWeek, respectively. From BusinessWeek: Yahoo makes its home page decisions strictly by following user clicks. They capture user clickstreams across…
Sept. 2006 Quick Links
By Eric Goldman Some stories that caught my eye in September: * Digg users are gaming the Digg algorithm. Greg Linden’s take. Naturally, Digg is fighting back by tweaking its algorithm to reduce the effect of gaming and preserve some…
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 year, the Second Circuit issued a major ruling in the…
Outdated Metatags Don’t Infringe–Pop Warner v. NH Youth Football & Spirit Conference
By Eric Goldman Pop Warner Little Scholars, Inc. v. New Hampshire Youth Football & Spirit Conference, 2006 WL 2591480 (D. N.H. Sept. 11, 2006) Metatag lawsuits befuddle me for two reasons. First, and most importantly, KEYWORD METATAGS ARE IRRELEVANT from…
New York v. Direct Revenue Amicus Brief
By Eric Goldman David Post, Scott Christie and I have filed an amicus brief in New York v. Direct Revenue LLC, No. 401325/06 (N.Y. Supreme Ct.), one of Spitzer’s office’s high-profile enforcement actions against adware companies. Among other aggressive positions,…
eBay User Agreement Upheld, Part II–Durick v. eBay
By Eric Goldman Durick v. eBay, 2006 WL 2672795 (Oho Ct. App. Sept. 11, 2006) I didn’t anticipate this being eBay Law Week, but these issues often seem to arise in cycles. Yesterday I blogged on the Nazaruk case, which…