Righthaven Defendant Awarded $3,800 in Attorneys’ Fees–Righthaven v. Leon
By Eric Goldman Righthaven, LLC v. Leon, 2011 WL 2633118 (D. Nev. July 5, 2011). My most recent post on Righthaven. Judge Navarro ordered Righthaven to pay $3,815 to the…
June 2011 Quick Links, Part 1 (Copyright & Trademark Edition)
…predicated on 1-800 Contacts’ overzealous TM enforcement efforts (what some might call trademark bullying). Wendy Davis’ writeup. Prior blog posts on the 1-800 Contacts v. Lens.com litigation (1, 2). *…
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…
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…