By Eric Goldman Pallorium v. Jared, G036124 (Cal. Ct. App. Jan. 11, 2007) This case is another 230 defense win (using the rarely used 230(c)(2) provision) protecting anti-spammers for their efforts to combat spam. Jared published a list of IP…
By Eric Goldman There was some press today about the government’s efforts to resell papers of Ted Kaczynski (a/k/a the Unabomber). While the government makes those papers available in unmodified form to researchers, the proposal was to publicly sell some…
Delfino v. Agilent, No. H028993 (petition for certiorari to California Supreme Court filed January 17, 2007) I previously blogged about Delfino v. Agilent, which held that 47 USC 230 insulated Agilent from liability for an employee’s use of its network…
By Eric Goldman Rescuecom v. Google, 06-4881-CV (2nd Circuit appellant brief filed January 12, 2007) You may recall Rescuecom v. Google, which held that Google was not making a trademark use in commerce by selling trademarked keywords. This ruling resulted…
Haifa Conference Recap On December 21, Haifa University Faculty of Law conducted an interesting cross-disciplinary and international inquiry into the law of search engines, with a whirlwind tour of about two dozen 10-minute presentations over a long 11 hour day….
By Eric Goldman I plan to participate in INTA’s Roundtable on Legal Issues in Marketing and Advertising in Palo Alto January 30. I’m not quite sure what to expect from the roundtable (this will be my first INTA Roundtable event),…
By Eric Goldman The Barrett v. Rosenthal lawsuit may have been decided decisively in Rosenthal’s favor, but that doesn’t mean the litigants are done shooting at each other. On the contrary, Polevoy and Rosenthal are still going at it, this…
By Eric Goldman * JP Enterprises, Inc. v. HDVE, LLC, 1:06-cv-01046-REB-PAC (D. Colo.). In June 2006, JP Enterprises sued Yahoo for selling its trademarks for keyword-triggered ads. In December, JP Enterprises and Yahoo stipulated a dismissal of the case against…
By Eric Goldman Nautilus Group, Inc. v. Icon Health & Fitness, Inc., 2006 WL 3761367 (W.D. Wa. Dec. 21, 2006) In a long-running dispute, BowFlex sued competitor CrossBow for trademark dilution. CrossBow moved for summary judgment, claiming (among other things)…
By Eric Goldman Kremen v. American Registry For Internet Numbers, Ltd., No. C 06-02554 JW (N.D. Cal. Dec. 20, 2006) In a previous post about the Sex.com saga, I mentioned that Kremen had sued ARIN for its refusal to transfer…