OnlineNIC Loses One Lawsuit and Gets Sued in Another
By Eric Goldman Two anti-domainer developments involving OnlineNIC occurred over the holidays. Yahoo! Inc. v. OnlineNIC, Inc., 5:08-cv-05698-PVT (N.D. Cal. complaint filed Dec. 19, 2008) Yahoo has sued domain name registrar OnlineNIC and some Does for cybersquatting, trademark infringement, trademark…
Doe v. SexSearch Affirmed by 6th Circuit, But Not on 230 Grounds
By Eric Goldman Doe v. SexSearch.com, 2008 WL 5396830 (6th Cir. Dec. 30, 2008) I previously summarized this case as follows: Defendants operate a website that helps people hook up to have sex. Roe posted a profile saying that she…
Lawsuit Over Google Ads for Mobile Services Dismissed Per 230–Goddard v. Google
By Eric Goldman Goddard v. Google, Inc., 2008 WL 5245490 (N.D. Cal. Dec. 17, 2008). My initial post when the complaint was filed. The Justia page. Goddard sued Google because Google displayed third party AdWords ads for allegedly fraudulent mobile…
Vulcan Golf v. Google Class Certification Denied
By Eric Goldman Vulcan Golf, LLC v. Google Inc., 1:07-cv-03371 (N.D. Ill. Dec. 18, 2008). Previous blog posts: initial complaint filed, ruling on motion to dismiss This is a complex lawsuit by trademark owners attacking domaining and the role of…
Google’s Latest Attempt to Kill the CLRB Hanson Lawsuit Fails
By Eric Goldman CLRB Hanson Industries, LLC v. Google, Inc., NO. C 05-03649 JW (N.D. Cal. Dec. 16, 2008) CLRB v. Google is the long-running lawsuit (3 1/2 years and counting) over Google’s adherence to advertising limits that advertisers set…
Keyword Ads and Other Marketing Supports Remote Jurisdiction–Market America v. Optihealth
By Eric Goldman Market America v. Optihealth Products, Inc., 2008 WL 5069802 (M.D.N.C. Nov. 21, 2008) This lawsuit involves the trademark “OPC-3.” “OPC” is the generic term for “group of antioxidant bioflavonoids” that companies sell as dietary supplements. The plaintiff…
Search Engines Aren’t Liable for Gambling Ads Per 230–Cisneros v. Yahoo
By Eric Goldman Cisneros v. Yahoo, CGC-04-433518 (Cal. Superior Ct. “Tentative Trial Decision” Nov. 6, 2008) I am frequently asked if 47 USC 230 protects websites for claims based on the ads they run. My answer is emphatically “yes” unless…
October 2008 Quick Links, Part 2
By Eric Goldman Spam * Kramer v. Perez. An Iowa court awards $236M in damages in a spam case. Venkat’s comments. * After the government lost its jury trial against Impulse Media, the court denied Impulse Media attorneys fees. Contracts…
Yellow Pages Publisher Hit with $1.5M Fraud Judgment for Publishing False Ad–Knepper v. Brown
By Eric Goldman Knepper v. Brown, CC 9903-02495 (Or. Sup. Ct. Oct. 9, 2008) A woman got a botched liposuction job (which plaintiff’s expert described as an “uncorrectable disaster”) from Dr. Brown, a dermatologist. She sued the dermatologist and Dex,…
Lambotte’s Click Fraud Lawsuit Against IAC Survives Motion to Dismiss
By Eric Goldman Lambotte v. IAC/InterActiveCorp, 2008 WL 4829882 (C.D. Cal. Nov. 4, 2008). Initial blog post on the filing of the first complaint. Lambotte filed this putative class action lawsuit against IAC in May based on alleged click fraud….