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…
Google Confirms That Keyword Metatags Don’t Matter
By Eric Goldman Few Internet technologies have horked cyberlaw as much as keyword metatags. Back in the 1990s, some search engines indexed keyword metatags, which encouraged some websites to stuff their keyword metatags as a way of gaming the rankings….
Making Sense of the $32M Contributory Trademark Infringement Judgment Against a Web Host–Louis Vuitton v. Akanoc
By Eric Goldman Louis Vuitton Malletier SA v. Akanoc Solutions, Inc., 5:07-CV-03952 (N.D. Cal. jury verdict returned Aug. 28, 2009). My blog post of the December 2008 ruling on summary judgment motions in the case. Last month, a jury returned…
Ninth Circuit Groaner About Metatags–Art Attacks v. MGA
By Eric Goldman Art Attacks Ink LLC v. MGA Entertainment, Inc., CV-04-01035-RMB (9th Cir. Sept. 16, 2009) What is it about metatags that cause legal folks to believe they have magical search powers? It’s a meme that the legal community…
Yahoo’s Search Results Snippets Aren’t False Endorsement–Stayart v. Yahoo
By Eric Goldman Stayart v. Yahoo! Inc., 2009 WL 2840478 (E.D. Wis. Aug. 28, 2009) Earlier this year, I blogged about Beverly Stayart’s quixotic lawsuit against Yahoo and others for showing search results snippets that contained her name adjacent to…
Yahoo Subpoenas Expedia in American Airlines Lawsuit
By Eric Goldman Yahoo and American Airlines are still tussling over Yahoo’s sale of American Airlines’ trademarks as keyword triggers (see background at 1, 2, 3). According to Yahoo, American Airlines is arguing that online travel agencies such as Expedia…
Flowbee Latest Trademark Owner to Sue Google–Flowbee v. Google
By Eric Goldman Flowbee International, Inc. v. Google, Inc., 2:09-cv-00199 (S.D Tex. complaint filed Aug. 13, 2009) [NB: the complaint is split into 2 PDFs totaling 8+ MB] After the Jurin and Ascentive lawsuits against Google dissolved, the Google lawsuit…
2009 Cyberspace Law Syllabus and Some Comments
By Eric Goldman I have posted my syllabus for this semester’s Cyberspace Law course. This blog post describes the changes from my 2008 course reader. For more on my pedagogical approaches to the course, see my Teaching Cyberlaw article. Trademark…
Google Goes on Offensive in AdWords Trademark Lawsuit–Google v. John Beck Amazing Profits
By Eric Goldman Google, Inc v. John Beck Amazing Profits, LLC, C09 03459 (N.D. Cal. complaint filed July 27, 2009). [Warning: 1.4MB file] The Justia page. A couple of interesting developments in John Beck Amazing Profits v. Google, the putative…
Google Down to 7 AdWords Lawsuits–Ascentive v. Google Voluntarily Dismissed
By Eric Goldman Ascentive v. Google, Inc., 2:09-cv-02871 (E.D. Pa. voluntary dismissal July 30, 2009) The litigation count on Google’s keyword ad lawsuits has started trending downward. For the second time in a week, a plaintiff has voluntarily dismissed its…