Yelp Gets Complete Win in Advertiser “Extortion” Case–Levitt v. Yelp
By Eric Goldman Levitt v. Yelp Inc., 2011 U.S. Dist. LEXIS 124082 (N.D Cal. Oct. 26, 2011) A group of advertisers sued Yelp for allegedly extorting them to buy ads from Yelp with the implied/express threat that Yelp would degrade…
Google Defeats Class Certification in Keyword Ad Lawsuit–FPX v. Google
By Eric Goldman FPX, LLC v. Google, Inc., 2011 WL 4783376 (E.D. Tex. Sept. 29, 2011) Google obtained a major victory in one of the most serious pending lawsuits against it challenging its AdWords keyword advertising program. Putative class action…
New Essay on 47 USC 230(c)(2)
By Eric Goldman I have posted a new essay, Online User Account Termination and 47 U.S.C. §230(c)(2), to SSRN. I wrote this essay as a contribution to a virtual world symposium at UC Irvine, and it will be published in…
Stock Trading Message Board Protected by 47 USC 230–Deer Consumer Products v. Little
By Eric Goldman Deer Consumer Products v. Little, Index No. 650823/11 (NY Sup. Ct. Aug. 31, 2011) SeekingAlpha is a message board for stock traders. This is their second appearance on the blog. In Desai v. Clark, a SeekingAlpha author…
Failure to Delete Third Party Comments Supports a Malice Finding in Defamation Case–Tanner v. Ebbole
By Eric Goldman Tanner v. Ebbole, 2011 WL 4425540 (Ala. Civ. App. Ct. Sept. 23, 2011) Competitive animosity can be found in every industry, but it sometimes amazes me just how sharp it can. Today’s case involves competing tattoo shops…
Request for Help: Doctor v. Patient Lawsuits Over Online Reviews
By Eric Goldman I’m doing some research, and I’m hoping you can help. I’m trying to comprehensively catalog doctor vs. patient lawsuits over online reviews of the doctor. I’m equally interested in suits by other health care professionals; I’ve noticed…
Ninth Circuit Upholds Web Host’s Liability for Counterfeiting Retailers–Louis Vuitton v. Akanoc
By Eric Goldman Louis Vuitton Malletier SA v. Akanoc Solutions, Inc., No. 10-15909 (9th Cir. Sept. 12, 2011). Prior blog posts: * Another Bad Ruling in Louis Vuitton v. Akanoc * Making Sense of the $32M Contributory Trademark Infringement Judgment…
Google Gets a Good Win in the MyTriggers Lawsuit
By Eric Goldman BFS Finance v. My Triggers Co., 09CV-14836 (Franklin County Court of Common Pleas, Aug. 31, 2011) This lawsuit started all so innocently. It was just a routine collections matter against MyTriggers, an AdWords advertiser, for a few…
Mixed DMCA Online Safe Harbor Ruling in Cloud-Based Music Locker Case–Capitol v. MP3Tunes
By Eric Goldman Capitol Records, Inc. v. MP3Tunes, LLC, 2011 WL 3667335 (SDNY Aug. 22, 2011). Background. This case involves MP3Tunes.com and Sideload.com. MP3Tunes is a music storage locker. Small lockers are free, but more storage is available at a…
Court Affirms Robust ISP Protection For Blocking Bulk Emails — Holomaxx v. Microsoft/Yahoo
[Post by Venkat Balasubramani] Holomaxx v. Microsoft, 2011 WL 3740813 (N.D. Cal. Aug, 23, 2011) [pdf] Holomaxx v. Yahoo, 2011 WL 3740827 (N.D. Cal. Aug, 23, 2011) [pdf] Eric and I both previously posted on the Holomaxx cases, where Holomaxx…