Plaintiff-Side Briefs in Rosetta Stone v. Google Appeal
By Eric Goldman Rosetta Stone and five amici groups have filed their briefs in the Fourth Circuit appeal in Rosetta Stone v. Google. The filings: Rosetta Stone’s opening appellate brief. It appears Rosetta Stone has new appellate counsel: Terrence Ross…
Auction Platform Protected by 47 USC 230 for a Rogue Auction–Simmons v. Danhauer
By Eric Goldman Simmons v. Danhauer & Associates, LLC, 2010 WL 4238856 (D. S.C. Oct. 21, 2010) Proxibid provides an online auction platform similar to eBay, except that Proxibid vets auctioneers before they can conduct an auction. Danhauer used Proxibid’s…
Blogger Wins Fair Use Defense…On a Motion to Dismiss!–Righthaven v. Realty One
By Eric Goldman Righthaven LLC v. Realty One Group, Inc., 2010 WL 4115413 (D. Nev. Oct. 19, 2010) I’ve mentioned Righthaven before in my quick links, but this is my first full blog post about them. I trust most of…
Blog Host Can’t Be Bound by TRO for User Posts (Blockowicz redux)–Bobolas v. Does
By Eric Goldman Bobolas v. Does 1-100, 2010 WL 3923880 (D. Ariz. Oct. 1, 2010) This lawsuit involves Bobolasgate.info, a Greek-language blog/website that appears to criticize Greek real estate and media mogul George Bobolas (ranked as one of the top…
September 2010 Quick Links, Part 2
By Eric Goldman Contracts * Hutchison v. Yahoo, 2010 WL 3706571 (9th Cir. Sept 20, 2010). AT&T’s early termination fee wasn’t a penalty, even as applied to a termination with only 2 weeks of service left. * Evan Brown: Software…
Seventh Circuit Tosses Beverly Stayart’s False Endorsement Claims–Stayart v. Yahoo
By Eric Goldman Stayart v. Yahoo! Inc., 2010 WL 3785147 (7th Cir. Sept. 30, 2010). I have previously blogged about Beverly Stayart’s lawsuits against Yahoo and Google for apparently sploggy (and possibly cloaked) objectionable search results delivered when she searched…
StubHub Can’t Beat Tax Collection Obligation Using 47 USC 230–Chicago v. StubHub
By Eric Goldman City of Chicago, Ill. v. StubHub!, Inc., 2010 WL 3768072 (7th Cir. Sept. 29, 2010) In my recent post about Milgram v. Orbitz, I wrote that “online tickets have become a major subfield of cyberlaw” and collected…
Georgia Pacific’s Effort to Control Towel Dispenser Refills Fails in 8th Circuit–Georgia Pacific v. Myers Supply (Guest Blog Post)
Georgia Pacific Consumer Products LP v. Myers Supply, Inc., 2010 WL 3564834 (8th Cir. Sept. 15, 2010) By guest blogger Mark Bartholomew After a decision by the Fourth Circuit seemed to open the door for businesses to use contributory trademark…
Yelp Wins 47 USC 230 Dismissal of Dentist’s Lawsuit–Reit v. Yelp
By Eric Goldman Reit v. Yelp!, Inc., 2010 WL 3490167 (N.Y. Sup. Ct. Sept. 2, 2010) Dr. Glenn Reit is a Manhattan dentist. His Yelp page and website. As of May 2009, the Yelp page had 11 reviews: 10 favorable…
Google Gets Good Results in Three AdWords Trademark Cases (Jurin, Flowbee, Dazzlesmile)
By Eric Goldman Jurin v. Google, 2010 WL 3521955 (E.D. Cal. Sept. 8, 2010) Jurin is one of the multitudinous trademark owners objecting to Google’s AdWords program. Echoing a prior ruling, the court has rejected Jurin’s claims for false designation…