An Update on PhoneDog v. Kravitz, the Employee Twitter Account Case
[Post by Venkat Balasubramani] PhoneDog v. Kravitz, No. C 11-03474 MEJ (N.D. Cal.) (Amended Complaint) (Motion to Dismiss) (PhoneDog Opposition) (Kravitz’s Reply) In November, the court allowed PhoneDog’s claims against Kravitz for conversion and trade secrets to proceed. (“Courts Says…
Nov.-Dec. 2011 Quick Links, Part 3
By Eric Goldman Marketing and Advertising * Facebook is putting Sponsored Stories in user newsfeeds. Naturally, they will make the ad label almost invisible. Yet another reason to hate Facebook, and what a desperate act of financial overreaching to goose…
Keyword Advertiser Mostly Defeats Trademark Lawsuit–Scooter Store v. SpinLife
By Eric Goldman Scooter Store, Inc. v. SpinLife.com, LLC, 2011 WL 6415516 (S.D. Ohio Dec. 21, 2011). The Justia page. This is a spirited litigation between two retailers of wheelchairs, motorized scooters and related items. Maybe that retailing sector is…
Hyundai Gets a Pass from the FTC on Endorsement Issues, in Part Due to Its Social Media Policy
[Post by Venkat Balasubramani with updated comments from Eric] In re Hyundai Motor America, FTC File No. 112-3110 (Nov. 16, 2011) [.pdf] We’ve posted on the FTC endorsement guidelines, which broadly require disclosure of relationships, and incentives provided to those…
Facebook “Sponsored Stories” Publicity Rights Lawsuit Survives Motion to Dismiss–Fraley v. Facebook
By Eric Goldman Fraley v. Facebook, Inc., 2011 WL 6303898 (N.D. Cal. Dec. 16, 2012) Because Facebook does so many things that aren’t in users’ interests, their “Sponsored Stories” program barely registers. Nevertheless, Sponsored Stories demonstrates why many people are…
Ohio Court of Appeals: Lawyer-Plaintiff Can’t Sue for Misleading Email Ads Which he Knew Were Misleading — Cicero v. American Satelitte
[Post by Venkat Balasubramani] Cicero v. American Satellite, Inc., 2011-Ohio-4918 (Ohio Ct. App. Sept. 27, 2011) [pdf] Cicero is a lawyer who lives and practices in the state of Ohio. He sued defendant based on 85 marketing emails sent on…
Australian Court Says Google Isn’t Liable for Advertiser’s Misleading Ad–ACCC v. Trading Post (Guest Blog Post)
By Guest Blogger Mark Bender, with some comments by Eric Australian Competition and Consumer Commission v Trading Post Australia Pty Ltd [2011] FCA 1086 (September 22, 2011, corrected October 10, 2011) [Eric’s introduction: Mark Bender is a business law lecturer…
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…
Lawsuit Against Google Over Invalid Clicks and Special Partner Advertising Dismissed — Woods v. Google
[Post by Venkat Balasubramani with comments from Eric] Woods v. Google, 5:10-cv-1263-JF (N.D. Cal.; Aug 10, 2011) This is an advertiser vs. Google lawsuit where the plaintiff argued on behalf of a putative class that (1) he was improperly charged…
Q3 2011 Quick Links, Part 3
By Eric Goldman Advertising Search Marketing * Search Engine Land: “In many cases, it is worth buying keywords even if you rank organically for them.” Similarly, a Google study indicates that PPC advertising lifts clicks on organic results. Prior blog…