Another Keyword Advertising Lawsuit Unceremoniously Dismissed–Infostream v. Avid
Infostream Group Inc. v. Avid Life Media Inc., 2013 WL 6018030 (C.D. Cal. Nov. 12, 2013) There is an active, long-standing and wide-ranging litigation war being waged between two groups of websites in the “sugar daddy“/”sugar baby” hook-up category. I…
How California’s New ‘Do-Not-Track’ Law Will Hurt Consumers (Forbes Cross-Post)
California enacted a new law (AB 370) requiring many websites to disclose more information about how they track users. Websites that collect personal information about their users must disclose (1) how they respond to a web browser’s “do not track”…
California’s Latest Effort To Keep Some Ads From Reaching Kids Is Misguided And Unconstitutional (Forbes Cross-Post)
California recently enacted SB 568 (Business & Professions Code 22580) to prevent certain types of online advertising from being shown to kids. Like so many other state efforts to regulate the Internet, the new law takes an understandable regulatory objective…
Spam Arrest’s Sender Agreement Fails Because Email Marketer’s Employees Lacked Authority–Spam Arrest v. Replacements (Forbes Cross-Post)
By Eric Goldman Spam Arrest LLC v Replacements Ltd., 2013 WL 4675919 (W.D. Wash. Aug. 29, 2013) People hate receiving spam, but most people stopped obsessing about spam a decade ago or more. In the interim, anti-spam filters have improved…
Facebook Sponsored Stories Settlement Approved – Fraley v. Facebook
[Post by Venkat Balasubramani] Fraley v. Facebook, Inc., C 11-1726 RS (N.D. Cal. Aug. 26, 2013) (Digital Media Law Project’s page for the case) (Access a copy of the amended settlement agreement here: [pdf].) Judge Seeborg initially rejected the proposed…
Telephone Consumer Protection Act Case Update – Summer 2013 Edition
[Post by Venkat Balasubramani] There are a ton of TCPA cases out there. I don’t have the resources to track all of them, but here are a few that came up on my radar screen over the past few months….
Another Keyword Advertising Lawsuit Fails–Allied Interstate v. Kimmel & Silverman
By Eric Goldman Allied Interstate LLC v. Kimmel & Silverman P.C., 2013 WL 4245987 (SDNY August 12, 2013) This opinion isn’t earth-shattering but it provides a useful illustration of what I’m seeing. The plaintiff is a debt collection service. The…
More Evidence That Competitive Keyword Advertising Benefits Trademark Owners (Forbes Cross-Post)
By Eric Goldman Many trademark owners hate that rivals can bid on Google AdWords ads triggered by their trademarks, a process I call “competitive keyword advertising.” Trademark owners (and many judges) often assume that a Google search on a trademark…
Book Review: “The Little Book of Foodie Law”
By Eric Goldman Cecil C. Kuhne, The Little Book of Foodie Law (Little Books) [Amazon affiliate link] [Note: I checked out this book because someday I hope to offer a Food Law course, and I wanted to see if this…
Book Review: “Mail-Order Mysteries: Real Stuff from Old Comic Book Ads”
By Eric Goldman Kirk Demarais, Mail-Order Mysteries: Real Stuff from Old Comic Book Ads! (2011) [Amazon affiliate link] This was a kind gift from my colleague Kyle Graham. This is a well-conceived and well-executed book about the cheap novelties that…