Bad SEO Advice May Support Negligence Claim–D’Agostino v. Appliances Buy Phone
By Eric Goldman D’Agostino v. Appliances Buy Phone, Inc., 2011 WL 4345674 (D.N.J. Sept. 15, 2011). One iteration of the complaint. This is a confusing dispute, so I’m just going to focus on a few aspects. Based on the court’s…
Google Gets a Good Win in the MyTriggers Lawsuit
By Eric Goldman BFS Finance v. My Triggers Co., 09CV-14836 (Franklin County Court of Common Pleas, Aug. 31, 2011) This lawsuit started all so innocently. It was just a routine collections matter against MyTriggers, an AdWords advertiser, for a few…
Pillow Pets Knockoff Enjoined from Keyword Advertising–CJ Products v Snuggly Plushez
By Eric Goldman CJ Products LLC v. Snuggly Plushez LLC, 2011 WL 3667750 (E.D.N.Y. Aug. 22, 2011) Pillow Pets are cuddly and soft, but if you make knockoff versions of them, be prepared to meet the sharp end of their…
Bev Stayart Racks Up Two More Losses–Stayart v. Yahoo and Stayart v. Google
By Eric Goldman Stayart v. Yahoo, Inc., 2011 WL 3625242 (E.D. Wis. Aug. 17, 2011) Stayart v. Google Inc., 2:10-cv-00336-LA (E.D. Wis. Aug. 17, 2011) Persistence is a virtue, but sometimes, enough is enough. You probably remember Bev Stayart as…
Google Gets Default Injunction Against AdWord Gamers–Google v. Jackman
By Eric Goldman Google v. Jackman, 2011 WL 3267907 (N.D. Cal. July 28, 2011) This is a default ruling, so the facts are based on Google’s allegations. The defendants ran AdWords campaigns for online pharmacies that sold anabolic steroids. This…
Ninth Circuit Reconsiders SEO-Destroying Injunction Against DMV.Org–TrafficSchool v. EDriver (Joint Blog Post)
By Rebecca Tushnet and Eric Goldman TrafficSchool.com, Inc. v. Edriver Inc., 2011 WL 3198226 (9th Cir. July 28, 2011) [Over the years, Rebecca and I have blogged dozens of the same cases. However, we’ve never done a joint blog post…
Social Media Marketing Is Relevant to Trademark Confusion Analysis–Quia v. Mattel
By Eric Goldman Quia Corp. v. Mattel, Inc., 2011 WL 2749576 (N.D.Cal. July 14, 2011) Both parties offer educational games under the brand “IXL” (presumably a homophone for “I excel”). The parties dispute who came first. Mattel sought a determination…
June 2011 Quick Links, Part 2
By Eric Goldman Social Media * The Third Circuit issued its en banc rulings in Layshock v. Hermitage School District and J.S. v. Blue Mountain School District, both involving school discipline against kids who created fake MySpace profiles of school…
George Mason “Law and Economics of Search Engines and Online Advertising” Conference Recap
By Eric Goldman Last week I participated in a conference entitled “The Law and Economics of Search Engines and Online Advertising” at George Mason Law School, sponsored by Google. In light of this week’s disclosures about the FTC, state AGs…
What Would a Government-Operated Search Engine Look Like in the US?
By Eric Goldman [Today’s WSJ announcement that the FTC plans to subpoena Google reminds us that search engine bias issues are heating up rather than winding down. I recently posted my article recapping the last 5 years of developments on…