Brand Spillovers Article Now Available
By Eric Goldman I have finally posted my article, Brand Spillovers, to SSRN. It will be published in the Harvard Journal of Law & Technology later this year. I have blogged about this project several times over the past 4…
American Airlines v. Yahoo Venue Transfer Denied
By Eric Goldman American Airlines, Inc. v. Yahoo!, Inc., 4:08-CV-626-A (N.D. Tex. Jan. 16, 2009) The procedural battles over American Airlines’ lawsuit against Yahoo for selling trademarked keywords continue. You may recall that American Airlines sued Yahoo in its home…
Cautionary Tale of Website Co-Ownership–Mikhlyn v. Bove
By Eric Goldman Mikhlyn v. Bove, 2008 WL 4610304 (E.D.N.Y. Oct. 15, 2008). The Justia page. In my Co-Blogging Law article, I discussed the potentially ugly legal consequences of “blog divorces” when co-bloggers fall out of love with each other…
December 2008 Quick Links, Part 1
By Eric Goldman Copyright * Stockwire Research Group, Inc. v. Lebed, 577 F .Supp. 2d 1262 (S.D. Fla. Sept. 18, 2008). $2.5M default judgment for violation of anti-circumvention provisions. * The RIAA announced that it is shifting away from suing…
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…
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…
November 2008 Quick Links
By Eric Goldman Trademark * NYT: “A handful of new Web sites with names like Typo Bay and Typo Buddy are out to help shoppers save money by searching eBay for misspelled brand names.” In 2005, I blogged that typographical…
Yahoo Countersues American Airlines for Declaratory Judgment
By Eric Goldman Yahoo, Inc. v. American Airlines, Inc., C08-05308 (N.D. Cal. complaint filed Nov. 21, 2008). The Justia page. As you recall, American Airlines recently followed its July settlement with Google by bringing a clone-and-revise trademark infringement lawsuit against…
Blockshopper Request to Dismiss Jones Day Lawsuit Denied
By Eric Goldman Jones Day v. Blockshopper LLC, 08CV4572 (N.D. Ill. Nov. 13, 2008). The CMLP page. 2008 has been a banner year for ridiculous trademark claims, so picking the most ridiculous is a little tricky…but this lawsuit easily makes…
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…