Q3 2009 Quick Links, Part 2
By Eric Goldman Trademark * Venkat: Twitter makes the dictionary. * Federal Circuit says Hotels.com is generic. * Steve Madden sues eBay for trademark infringement. Marty’s coverage. Justia page. I found the fifth cause of action, “trademark delusion,” a surprisingly…
CAN-SPAM Doesn’t Preempt CA Privacy Law–Powers v. Pottery Barn
by Ethan Ackerman On Sept. 19th, a California state appellate court held that CAN-SPAM doesn’t categorically trump state laws that may address email. Defendant retail store Pottery Barn was hoping it would agree with the initial ruling of the California…
Resale of International Textbooks to US Students Not Protected by First Sale Doctrine–Pearson v. Liu
By Eric Goldman Pearson Education, Inc. v. Liu, 2009 WL 3064779 (S.D.N.Y. Sept. 25, 2009) As a complement to Venkat’s excellent post on Vernor v. Autodesk from this morning, it turns out that we are celebrating First Sale Doctrine day…
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…
2009 Cyberspace Law Syllabus and Some Comments
By Eric Goldman I have posted my syllabus for this semester’s Cyberspace Law course. This blog post describes the changes from my 2008 course reader. For more on my pedagogical approaches to the course, see my Teaching Cyberlaw article. Trademark…
State of the Net West Recap
By Eric Goldman Yesterday, the High Tech Law Institute and the Advisory Committee to the Congressional Internet Caucus co-sponsored the Third Annual State of the Net West event at Santa Clara University. The featured participants were 3 members of Congress…
June 2009 Quick Links, Part 2
By Eric Goldman State Regulation of the Internet * iAWFUL, the Internet Advocates Watchlist for Ugly Laws * Texas HB 2003. Part of the anti-cyber-harassment mania. Very broad statute with lots of room for prosecutorial mischief. * BNA (BNA subscription…
ABA Antitrust Section Consumer Protection Conference Recap
By Eric Goldman Last month I attended the ABA Antitrust Section’s Consumer Protection Conference. This post recaps some highlights from the event. A few overarching themes: * in light of the country’s economic malaise, the FTC is focusing its enforcement…
Roommates.com Infects the Tenth Circuit–FTC v. Accusearch
By Eric Goldman F.T.C. v. Accusearch Inc., 2009 WL 1846344 (10th Cir. June 29, 2009). My blog post on the district court opinion. Introduction June has been an active month for 230 jurisprudence. Cases this month include Doe IX v….
May 2009 Quick Links Part 1
By Eric Goldman Just a reminder that I’m posting some quick links exclusively to my Twitter account. Trademarks * Texas International Property Associates v. Hoerbiger Holding AG, 2009 U.S. Dist. LEXIS 40409 (N.D. Tex. May 12, 2009). Domainer loses ACPA…