Q3 2009 Quick Links, Part 1
By Eric Goldman My system of managing news items that don’t warrant a full blog post but can’t fit into a 140 character Twitter post has broken down. So, I’m belatedly catching up on my backlog of things that caught…
A Fuller Explanation of Why the FTC Endorsement/Testimonial Guidelines Violate 47 USC 230
By Eric Goldman Last week’s release of the FTC’s new Endorsement and Testimonial Guidelines has generated a significant amount of angst online. The resulting commentary has been strongly and almost uniformly negative. Frankly, none of the sources I read have…
Do the FTC’s New Endorsement/Testimonial Rules Violate 47 USC 230?
By Eric Goldman In reading the FTC’s new rules on endorsements and testimonials in advertisements, I was struck by the FTC’s expansive vision of advertiser liability for third party-caused violations. In particular, the FTC apparently has made the same analytical…
Ripoff Report Rolls to Another Win–Intellect Art v. Milewski
By Eric Goldman Intellect Art Multimedia v. Milewski, 117024/08 (NY Sup. Ct. Sept. 15, 2009). For more background on the lawsuit, check out the companion blog. This case involves the “Swiss Finance Academy,” an expensive summer college program. A disgruntled…
Another Copyright Owner Doesn’t Like 512(c)…and Thinks an Anti-Copying Filter is Copyright Infringing–Scott v. Scribd
By Eric Goldman Scott v. Scribd, Inc., 4:09-cv-03039 (S.D. Tex. complaint filed Sept. 18, 2009) (linked to a copy of the complaint hosted on Scribd, of course!). If you’re interested, my page of Scribd uploads. I hadn’t planned to blog…
Making Sense of the $32M Contributory Trademark Infringement Judgment Against a Web Host–Louis Vuitton v. Akanoc
By Eric Goldman Louis Vuitton Malletier SA v. Akanoc Solutions, Inc., 5:07-CV-03952 (N.D. Cal. jury verdict returned Aug. 28, 2009). My blog post of the December 2008 ruling on summary judgment motions in the case. Last month, a jury returned…
Veoh Gets Yet Another Terrific 512 Defense Win–UMG v. Veoh
By Eric Goldman UMG Recordings, Inc. v. Veoh Networks, Inc., 2:07-cv-05744-AHM-AJW (C.D. Cal. Sept. 11, 2009) What’s the difference between the market leader and an also-ran? When the also-ran wins its third big legal victory in a row, the first…
Yahoo’s Search Results Snippets Aren’t False Endorsement–Stayart v. Yahoo
By Eric Goldman Stayart v. Yahoo! Inc., 2009 WL 2840478 (E.D. Wis. Aug. 28, 2009) Earlier this year, I blogged about Beverly Stayart’s quixotic lawsuit against Yahoo and others for showing search results snippets that contained her name adjacent to…
Employer Isn’t Liable for Employee Misuse of the Internet–Maypark v. Securitas
By Eric Goldman Maypark v. Securitas Security Services USA, Inc., 2009 WL 2750994 (Wis. App. Ct. Sept. 1, 2009) As part of my efforts to keep up with new cyberlaw developments, I read a lot of cases involving yucky facts….
Yahoo Subpoenas Expedia in American Airlines Lawsuit
By Eric Goldman Yahoo and American Airlines are still tussling over Yahoo’s sale of American Airlines’ trademarks as keyword triggers (see background at 1, 2, 3). According to Yahoo, American Airlines is arguing that online travel agencies such as Expedia…