Ninth Circuit: FACTA Does not Cover Emailed Receipts — Simonoff v. Expedia
…to emailed receipts, the court followed the approach taken by other circuits, including Shlahtichman v. 1-800 Contacts, Inc., discussed in this blog post: “Electronically Printed” Does not Include Automated Merchant…
Two Recent Social Media Defendants Avoid Personal Jurisdiction
…and answer message board at Realself.com: “Lifestyle Lift: Its just a marketing entity. Lifestyle Lift can be equated to an ‘Ask Gary’ in legal terms or a “1-800 Dentist.” In…
Trademark Owner Gets Injunction Against Keyword Ad Campaign That Generated No Sales for the Advertiser
…in revenue from the litigated terms. – Sellify v. Amazon. The defendant got 1,000 impressions and 61 clicks. – 1-800 Contacts v. Lens.com. 1-800 Contacts spent no less than $650k…
FTC Online Endorsement Guidelines Strike Again – FTC Dings Legacy Learning Over Allegedly Misleading Affiliate Reviews
…example, see the 1-800 Contacts v. Lens.com ruling. We didn’t see an affiliate program operator-friendly ruling in the Amazon tax litigation in New York, but I keep hoping that gets…
Social Search Services Duel Over “Post Post” Mark — Boathouse Group v. TigerLogic
[Post by Venkat Balasubramani] Boathouse Group v. TigerLogic Corp., 10-12125-NMG (D. Mass.; March 7, 2011) Background: Boathouse developed a “social media search and curation application” called POSTPOST which it launched…
Important Ninth Circuit Ruling on Keyword Advertising, Plus Recaps of the Past 4 Months of Keyword Ad Decisions
…site, 1-800 Contacts claims “1-800 CONTACTS engages on public policy issues related to ocular health and the right of contact lens wearers to choose where they fill their prescriptions. We…
Google Suffers Surprising Preliminary Loss in Keyword Advertising Case–Jurin v. Google
…marketing. PS: I have several other keyword ad cases to blog, including 1-800 Contacts, Consumerinfo.com and Binder. Sorry I’m running so far behind. The roster of pending AdWords cases (I…
Keyword Advertiser Headed to Trial–Soaring Helmet v. Nanal
…court sends this case to trial on the trademark infringement, false advertising and other claims. [Note: I still have to blog the 1-800 Contacts v. Lens.com decision from last month]…
Wildcarding Subdomains Is OK; Reverse Domain Name Hijacking Isn’t–Goforit v. Digimedia
…use Goforit’s trademarks. Citing the 2005 1-800 Contacts v. WhenU case, the court says: Even if defendants could have foreseen that some third-party web users might type in a trademarked…
Amazon Isn’t Liable for Rogue Affiliate’s Keyword Ad Buys–Sellify v. Amazon
By Eric Goldman Sellify Inc. v. Amazon.com, Inc., 2010 WL 4455830 (S.D.N.Y. Nov. 4, 2010). The initial complaint. Christopher Maki runs Sellify, which in turn runs a website/eBay store called…