Do Adjacent Organic Search Results Constitute Trademark Infringement? Of Course Not…But…–America CAN! v. CDF
…Win Against 1-800 Contacts’ Keyword Ad Restrictions * 1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. 1-800 Contacts * FTC Explains Why…
Supreme Court Requires Completed Copyright Registration Before Filing Suit–Fourth Estate Public Benefit v. Wall-Street (Guest Blog Post)
Guest Blog Post by Tyler Ochoa On March 4, 2019, the U.S. Supreme Court decided Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, 139 S.Ct. ____, 2019 U.S….
Top Internet Law Developments of 2018
…drive the final nail in the coffin due to the FTC’s determination that 1-800 Contacts engaged in anti-competitive practices by systematically restricting its competitors’ ability to bid on its trademarks….
Recap of the California Assembly Hearing on the California Consumer Privacy Act
…He wants to address the overly onerous provisions to businesses, such as the requirement that businesses have a 1-800 phone number. MacTaggart explained that the 1-800 number requirement helps provide…
2H 2018 Quick Links, Part 6 (IP, E-Commerce, Censorship, & More)
Intellectual Property * Daniel v. FanDuel (Ind. Oct. 24, 2018): “online fantasy sports operators that condition entry to contests on payment and distribute cash prizes do not violate the Indiana…
When a $1M+ Publicity Rights Damages Award Isn’t a Win–Olive v. GNC
This case provides a fascinating look into the rough-and-tumble world of publicity rights damages. It raises the philosophical, and intensely practical, question of just how much a face is worth….
The Ongoing Saga of the Florida Bar’s Angst About Competitive Keyword Advertising
…FTC’s Antitrust Win Against 1-800 Contacts’ Keyword Ad Restrictions * 1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. 1-800 Contacts * FTC…
Your Periodic Reminder That Keyword Ad Lawsuits Are Stupid–Passport Health v. Avance
…v. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. 1-800 Contacts * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v. Amazon…
Eighth Lawsuit Against Social Media Providers for “Materially Supporting Terrorists” Fails–Copeland v. Twitter
This is another 1-800 LAW FIRM lawsuit against social media providers for allegedly materially supporting terrorists. Like the others, it fails. In light of the Ninth Circuit’s Fields opinion, dismissing…
Restricting Competitive Keyword Ads Is Anti-Competitive–FTC v. 1-800 Contacts
…searching for 1-800 Contacts’ trademark terms. 1-800 Contacts’ trademark terms have higher conversion rates than non-branded search terms. Similarly, for 1-800 Contacts’ online rivals, advertising displayed for searches on 1-800…