It’s Illegal For Offline Retailers To Collect Email Addresses–Capp v. Nordstrom
…Beats Lawsuit Alleging Violation of California’s “Shine the Light” Privacy Statute — Boorstein v. Men’s Journal * “Electronically Printed” Does not Include Automated Merchant Email — Shlahtichman v. 1-800 Contacts…
eBay Not Liable for Technical Glitch When Seller Doesn’t Set Reserve Price — D’Agostino v. eBay
By Jake McGowan D’Agostino v. eBay, Inc., NO. A–5954–11T4 (N.J. Super. Ct. Sept. 13, 2013) To what extent is eBay liable for “lost profits” when a technical glitch makes a…
2013 Internet Law Syllabus and Casebook Now Online
…General Steel v. Chumley and notes about 1-800 Contacts v. Lens.com, the financial futility of keyword litigation, and Tre Milano. Privacy. I added some definitions from the new COPPA regulations….
Tenth Circuit Kills the Initial Interest Confusion Doctrine–1-800 Contacts v. Lens.com
…in the ad copy. 1-800 Contacts sued Lens.com in 2007. In 2010, the district court destroyed 1-800 Contacts’ arguments, handing Lens.com a complete win. On appeal, the Tenth Circuit upholds…
Suing Over Keyword Advertising Is A Bad Business Decision For Trademark Owners–General Steel v. Chumley (Forbes Cross-Post)
…won summary judgment: J.G. Wentworth v. Settlement Funding (2007); Designer Skin v. S&L Vitamins (2008); 1-800 Contacts v. Lens.com (2010); Montana Camo v. Cabela’s (2011); Jurin v. Google (2012) (note:…
Copyright Trolling Is Really Hard to Do Profitably–Righthaven v. Hoehn
By Eric Goldman Righthaven LLC v. Hoehn, 2013 WL 1908876 (9th Cir. May 9, 2013) It’s been a rough week for copyright trolls. First, Judge Wright destroyed the Prenda Law…
Suing Like It’s 2009: Parts.com Sues Google and Yahoo for Keyword Advertising
…outcome. This lawsuit fits a trend that I’ve mentioned before: trademark owners with crappy trademarks are often unusually pugnacious about enforcing their purported trademark rights. 1-800 Contacts is my premier…
Competitive Keyword Advertising Lawsuit Survives Motion to Dismiss–Elcometer v. TCQ-USA
By Eric Goldman Elcometer, Inc. v. TQC-USA, Inc., 2013 WL 1433388 (E.D. Mich. April 9, 2013) There are so many competitive keyword advertising lawsuits that I can’t track them systematically,…
California Supreme Court: Retail Privacy Statute Doesn’t Apply to Download Transactions – Apple v Superior Court (Krescent)
…Journal Beats Lawsuit Alleging Violation of California’s “Shine the Light” Privacy Statute — Boorstein v. Men’s Journal “Electronically Printed” Does not Include Automated Merchant Email — Shlahtichman v. 1-800 Contacts…
Another Google AdWords Advertiser Defeats Trademark Infringement Lawsuit–CollegeSource v. AcademyOne (Forbes Cross-Post)
…and I believe it’s no longer good law. * defendant won summary judgment: J.G. Wentworth v. Settlement Funding (2007); Designer Skin v. S&L Vitamins (2008); 1-800 Contacts v. Lens.com (2010);…