47 USC 230 Preempts Sponsorship/Endorsement Liability–Black v. Google
By Eric Goldman Black v. Google, Inc., 2010 WL 3222147 (N.D. Cal. Aug. 13, 2010). The complaint. The Blacks run a roofing company. They claim someone posted an anonymous defamatory comment on an unspecified Google website, and this “comment misrepresents…
The Problems With Google House Ads
By Eric Goldman [Note: This blog post has taken me 7 months to write, so I’m glad to be sharing it finally. I am cross-posting it to Search Engine Land.] Introduction Many publishers run “house ads” to self-promote their own…
Creation of False Blog and LinkedIn Account Targeting Utah Resident Supports Personal Jurisdiction in Utah — Buckles v. Brides Club, Inc.
[Post by Venkat] Buckles v. Brides Club, Inc., Case No. 2:08-cv-00849 CW (D.Utah; Aug 11, 2010) A federal district court in Utah recently concluded that several individuals who were allegedly involved in the creation of a false blog and LinkedIn…
Google Liberalizes Its European Trademark Policy
By Eric Goldman After the ECJ’s favorable opinion in the Google cases, I’ve been wondering if Google would liberalize its trademark policy in Europe. It took Google 4 months to parse the ECJ’s inscrutable opinion and make a call, but…
Google Gets Complete Win in Rosetta Stone Case
By Eric Goldman Rosetta Stone Ltd. v. Google Inc., 1:09-cv-00736-GBL-TCB (E.D. Va.). Opinion granting Google’s motion to dismiss filed August 3, 2010, 2010 WL 3063152. Order granting Google’s motion to dismiss the unjust enrichment claim filed August 2, 2010, 2010…
Google Protected by 17 USC 512(d) for Links to Infringing Content; Perfect 10’s Takedown Notices Were Mostly Insufficient
By Eric Goldman Perfect 10, Inc. v. Google, Inc., 2:04-cv-09484-AHM-SH (C.D. Cal. July 26, 2010) In 2007, the Ninth Circuit issued an important but befuddling ruling in Perfect 10 v. Amazon and Google. That ruling addressed Perfect 10’s prima facie…
Yet Another TM Owner Gives Up Against Google–Ezzo v. Google
By Eric Goldman Jamil Ezzo has apparently given up his lawsuit against Google over AdWords. The dismissal. This was a silly lawsuit that never should have been brought (it was over the purported trademark “Locate Plastic Surgeon” for gosh sakes),…
AOL’s Disclosure of Search Data May Support Claims Under California Law
[Post by Venkat] Does v. AOL LLC, Case No. C06-5866 SBA (N.D. Cal.; June 22, 2010) Plaintiffs bringing a class action against AOL for improper disclosure of search data scored in an initial victory in the Northern District of California….
Q2 2010 Quick Links Part 2
By Eric Goldman Marketing and Advertising * Good talk from FTC Chair Leibowitz: “we have great hopes for self-regulation….So long as self-regulation is making forward progress, the FTC is not interested in regulating” behavioral targeting. * NYT on teaching middle…
Three Gripers Get Disadvantageous Jurisdictional Appellate Rulings in Defamation Cases
By Eric Goldman Three recent appellate rulings, coming within 8 days of each other, illustrate how hard it is for an online griper to stay out of his/her target’s home court. None of these opinions are clearly wrong, but I…