Contributory Cybersquatting and the Impending Demise of Domain Name Proxy Services?–Solid Host v. NameCheap
By Eric Goldman Solid Host, NL v. NameCheap, Inc., 2:08-cv-05414-MMM-E (C.D. Cal. May 19, 2009) Facts This case involves an alleged domain name theft. Solid Host is a web host and initial owner of the domain name solidhost.com, which it…
EFF’s Guide to Griping, Plus Some Recommendations of My Own
By Eric Goldman The EFF has posted “Avoiding Gripes About Your Gripe (or Parody) Site,” which includes 6 prophylactic recommendations to prospective gripers: 1) Be noncommercial — no ads, no links to commercial sites, no affiliate links, no Café Press…
Google Liberalizes US Trademark Policy: “What, Me Worry?” Part 2
By Eric Goldman In my Deregulating Relevancy article from a few years ago, I explained how trademark law was having pernicious consequences for online conversations. Among other unwanted effects, trademark law hinders online discussions about trademarks even when both conversationalists…
Firepond “Copycat” Lawsuit Filed Against Google–John Beck Amazing Profits v. Google
By Eric Goldman John Beck Amazing Profits, LLC v. Google Inc. 2:2009cv00151 (E.D. Tex. complaint filed May 14, 2009). The Justia page. Earlier this week, a group of lawyers filed a class action lawsuit against Google and its distribution partners…
Google Hit With Major Class Action Trademark Lawsuit Over Trademarked Keyword Ad Sales–FPX v. Google
By Eric Goldman FPX, LLC v. Google, Inc., 2:2009cv00142 (E.D. Tex. complaint filed May 11, 2009) In retrospect, it seems so obvious. Why were the lawyers for these chickenscratch plaintiffs (Rescuecom? Check ‘n’ Go?) suing Google over trademarked keyword ad…
Google’s International Trademark Policy Change: “What, Me Worry?”
By Eric Goldman I’ve had a number of discussions with folks about what Google would do in light of its adverse ruling in Rescuecom. Personally, I didn’t expect them to do much of anything right now. I still think they…
April 2009 Quick Links
By Eric Goldman [Just a reminder that I am posting some “quick links” exclusively to my Twitter account, so if you want to keep up with everything, follow me at Twitter or subscribe to the RSS feed.] Marketing/Spam * Zango…
Promatek Redux: Software Consultant Enjoined from Metatag Usage and Other TM References–Deltek v. Iuvo
By Eric Goldman Deltek, Inc. v. Iuvo Systems, Inc., 2009 WL 1073196 (E.D. Va. April 20, 2009). The Justia page. Every year in Cyberlaw, I teach Promatek v. Equitrac, a Seventh Circuit metatags case from 2002 noteworthy for its multiple…
Catching Up on Three Keyword Advertising Cases–Hearts on Fire, Romeo & Juliette, AAA
By Eric Goldman Three trademark owner v. advertiser rulings from the past month: Hearts on Fire Co. v Blue Nile, Inc., 2009 WL 794482 (D. Mass. March 27, 2009). The Justia page. This is an interesting and potentially very important…
eBay Resales Constitute Trademark Infringement Despite First Sale Doctrine–Beltronics v. Midwest
By Eric Goldman Beltronics USA Inc. v. Midwest Inventory Distribution, No. 07-3340 (10th Cir. April 9, 2009) This is yet another online channel leakage case (for my last visit to this topic, see the Mary Kay v. Weber case). Beltronics…