Important Ninth Circuit Ruling on Keyword Advertising, Plus Recaps of the Past 4 Months of Keyword Ad Decisions
By Eric Goldman Network Automation, Inc. v. Advanced System Concepts, Inc., 2011 WL 815806 (9th Cir. March 8, 2011) [warning: this blog post is nearly 5,000 words] Introduction We’ve had surprisingly few appellate decisions involving keyword advertising generally, and almost…
Jan.-Feb. 2011 Quick Links, Part 2
By Eric Goldman Search Engines Google’s search algorithm has been very much in the news the past 2 months! * Google’s announcements: – “Google search and search engine spam” – Matt Cutts explains Google penalties in a video. – “Microsoft’s…
Savvy Louisiana Ruling on Metatags–Southern Snow v. Snowizard
By Eric Goldman Southern Snow Mfg. Inc. v. Sno Wizards Holdings, Inc., 2011 WL 601639 (E.D. La. Feb. 16, 2011) Have I ever mentioned how much I hate metatags cases? They have led to some godawful rulings. But surprisingly, today’s…
California Supreme Court Rules That a ZIP Code is Personal Identification Information — Pineda v. Williams-Sonoma
[Post by Venkat Balasubramani] Pineda v. Williams-Sonoma, S178241 (Cal. Supreme Court; Feb. 10, 2011) Plaintiff made a purchase at Williams-Sonoma and when she went to pay, the cashier asked for plaintiff’s ZIP code. Thinking she was required to provide it…
Yellow Pages Companies Challenge Seattle Opt-out Ordinance on First Amendment Grounds
[Post by Venkat Balasubramani] Dex Media West, Inc., et al. v. City of Seattle, et al., Case No. 10-cv-01857 (W.D. Wash. complaint filed Nov. 15, 2010) In what many will probably characterize as a dinosaur’s last gasp litigation strike, two…
Free-to-Consumers Ad-Supported Website Isn’t Illegally Priced–Cammarata v. Bright Imperial
By Eric Goldman Cammarata v. Bright Imperial Ltd., 2011 WL 227943 (Cal. App. Ct. Jan. 26, 2011). The complaint. The trial court ruling. If you can’t compete with free, can you litigate it away? Kevin Cammarata ran subscription-based porn sites…
Class Action Brought by “Lonely and Vulnerable” Men Against Online Cupid Site Moves Forward — Badella v. Deniro Mktg.
[Post by Venkat Balasubramani with some comments by Eric] Badella v. Deniro Marketing LLC, 10-03908 CRB (N.D. Cal.; Jan 24, 2011) This is a good one. A group of plaintiffs brought a putative class action against an online dating website…
CA Appeals Court: Claims Under State Spam Statute Not Preempted by CAN-SPAM – Hypertouch v. Valueclick
[Post by Venkat Balasubramani with some comments from Eric] Hypertouch, Inc. v. Valueclick, Inc., et al., B218603 (Cal. Ct. App.; Jan. 18, 2011) A California appeals court weighed in on a long-running debate: whether CAN-SPAM preempts California’s spam statute. This…
Keyword Advertiser Headed to Trial–Soaring Helmet v. Nanal
By Eric Goldman Soaring Helmet Corp. v. Nanal, Inc., 2011 WL 39058 (W.D. Wash. Jan. 3, 2011) I previously blogged on this case in 2009 when Soaring Helmet sued Google for selling keyword advertising triggered on its trademark. Soaring Helmet…
Iconic TV Commercials
By Eric Goldman I’m teaching Advertising & Marketing Law this semester, and I thought it might be helpful to start the semester by showing some TV ads. Remember that many of my students were born after the golden age of…