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);…

Q3 2012 Quick Links, Part 1 (Trademarks/Domain Names, Patents, Trade Secrets)

1-800 Contacts (Fed. Cir. Aug. 3, 2012): “LENS mark is used only in connection with the sale and transportation of contact lenses via the Internet. Although the ordering service is…

Newly Released Consumer Survey Indicates that Legal Concerns About Competitive Keyword Advertising Are Overblown (Forbes Cross-Post)

…just revenue) from the litigated terms. In 1-800 Contacts v. Lens.com, Lens.com made $20 of profit from competitive keyword ads. 1-800 Contacts unsuccessfully tried to hold Lens.com responsible for affiliate…

Google Sued Again for AdWords Trademark Infringement–Home Decor Center v. Google

…ridiculous trademark lawsuits, 1-800 Contacts). Are more lawsuits like this in the works for Google? Almost certainly. Will lawsuits like this pose a problem for Google? No. I think both…

H1 2012 Quick Links, Part 1 (Trademarks/Domain Names, Patents, Trade Secrets, IP)

…JC Penney for buying keyword ads triggered by brand name of goods it didn’t sell. * Update on the Lens.com v. 1-800 Contacts antitrust lawsuit. Prior blog post. * Spanish…

CYBERsitter Sues Google for AdWords Trademark Infringement

…for ad buys by its affiliates. See 1-800 Contacts v. Lens.com. Either way, I suspect CYBERsitter and ContentWatch can work out their differences. As I’ve documented many, many times, the…

Trademark Lawsuit Over Website Text Comparing Products Baffles the Judge–AR Pillow v. Cottrell

By Eric Goldman AR Pillow Inc. v. Cottrell, 2012 WL 868109 (W.D.Wash. March 13, 2012). The complaint. Every time I read an opinion like this, a little piece of me…

Another Data Loss Case Tossed on Article III Grounds–Whitaker v. Health Net

[Post by Venkat Balasubramani] Whitaker v. Health Net of California, Inc., Civ S-11-0910 KHM-DAD (E.D. Cal.; Jan. 19, 2012) This is another data breach class action. Plaintiffs tried to squeeze…

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