Court Rejects Computer Fraud & Abuse Act Claim Based on Unsolicited Text Messages–Czech v. Wall Street on Demand
[Post by Venkat] Czech v. Wall Street on Demand, Inc., No. 09-180 (DWF/RLE) (Dec. 8, 2009). A Minnesota district judge rejected claims brought under the Computer Fraud and Abuse Act based on the receipt of unsolicited text messages. There’s not…
Keyword Advertising Lawsuit Survives Motion to Dismiss on Genericness Grounds–FragranceNet v. Les Parfums
By Eric Goldman FragranceNet.com, Inc. v. Les Parfums, Inc., 2009 WL 4609268 (E.D.N.Y. Dec. 8, 2009) In 2007, FragranceNet suffered a stinging loss when it sued a competitor, FragranceX.com, for buying its trademarks as advertising keywords. Interpreting the 1-800 Contacts…
Ninth Circuit Rebuffs Another CAN-SPAM Plaintiff — Asis Internet Services v. Azoogle.com, Inc.
[Post by Venkat] The Ninth Circuit recently rejected [pdf] two appeals brought by CAN-SPAM plaintiff Asis Internet Services. The trial court granted summary judgment in favor of Azoogle and awarded costs. See Eric’s earlier blog post on that ruling. Asis…
Competitive Keyword Advertiser Wins at Trial–Fair Isaac v. Experian
By Eric Goldman Fair Isaac Corp. v. Experian Information Solutions Inc., 2009 WL 4263699 (D. Minn. Nov. 25, 2009) This is an interesting and complicated lawsuit that hasn’t gotten the attention it deserves. Fair Isaac produces the ubiquitous “FICO” credit…
Teeth Whitening System Brings “Sue the World” Lawsuit Against Ad Agency, Competitor and Search Engines–Dazzlesmile v. Azoogle
By Eric Goldman Dazzlesmile, LLC v. Epic Advertising, Inc., 2:09-cv-01043-PMW (D. Utah complaint filed Nov. 23, 2009) Dazzlesmile sells a teeth whitening system. Presumably these systems generate fat profits, because Dazzlesmile has brought an expensive “sue-the-world” lawsuit against its ad…
Keyword Advertising Lawsuit Survives Motion to Dismiss–Morningware v. Hearthware
By Eric Goldman Morningware, Inc. v. Hearthware Home Products, Inc., 2009 WL 3878251 (N.D. Ill. Nov. 16, 2009) I keep getting calls from reporters operating under the misimpression that trademark owner-vs.-search engine keyword advertising lawsuits are more common than trademark…
Citysearch Click Fraud Class Certified–Menagerie v. Citysearch
By Eric Goldman Menagerie Productions v. Citysearch, 2009 WL 3770668 (C.D. Cal. Nov. 9, 2009) While we don’t hear much about click fraud litigation any more, there are still some click fraud lawsuits percolating through the courts, including this one…
Craigslist Isn’t Liable for Erotic Services Ads–Dart v. Craigslist
By Eric Goldman Dart v. Craigslist, Inc., 09 C 1385 (N.D. Ill. Oct. 20, 2009) Yesterday, Judge John F. Grady of the Northern District of Illinois federal court dismissed Cook County Sheriff Dart’s lawsuit against Craigslist for user-posted advertisements in…
Q3 2009 Quick Links, Part 3
By Eric Goldman Copyright * AP v. All Headline News settles. My initial blog post. The settlement order. * The Turnitin case has settled. My blog post on the district court ruling. * Corbis Corp. v. Starr, No. 3:07CV3741 (N.D….
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…