San Diego County Bar Tackles Lawyer Friend Requests and the Ex Parte Rule
…are not the same as those which prohibit ex parte contacts in civil cases). The opinion notes that the policy underlying the rule prohibiting ex parte access is to restrict…
A Century of Trademark Law: Looking Back and Looking Forward (Notes from my INTA Annual Meeting Talk)
…namespaces. Historically, any private non-trademark namespaces typically were limited in reach. But this changed with the rise of 1-800 vanity numbers, then domain names, then usernames on online services (especially…
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…
The FTC’s Proposed Settlement With Google Over Buzz Privacy Breaches
…Google acknowledged that its rollout of Buzz was fumbled – I don’t think anyone thinks this was some nefarious plot to get everyone to share their email addresses and contacts…
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…
California’s Reader Privacy Act: A First Step in a New Direction (Guest Blog Post)
…likely to be “passive.” If a website is “active” and establishes minimum contacts in California, it could be subject to liability under the Reader Privacy Act. Shortcomings & Potential The…
Announcing DoctoredReviews.com, a Website Against Doctors’ Efforts to Squelch Online Patient Reviews
…issues in more detail. ____ Our press release announcing the site launch: NEW WEBSITE EXPOSES MOVE TO SQUELCH PATIENTS’ ONLINE REVIEWS Media Contacts: Susan Gluss, 510.642.6936, sgluss@law.berkeley.edu Deborah Lohse, 408.554.5121,…
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
…sites, and achieved over 800 registered users. Based on this, the court finds that Boathouse’s “use” of the mark was sufficient to establish its rights. [As a side note, the…