Employer Not Liable for Employee’s Threatening Emails Per 47 USC 230–Delfino v. Agilent
…not insulate employers from liability for employee actions because companies can only act through their employees. Yet, this case holds exactly the opposite. As a result, this case may mark…
Click Fraud Panel Nov. 13 at Stanford Law School
…in click-fraud class actions) Prof. Eric Goldman, Santa Clara University School of Law Moderator: Prof. Mark A. Lemley, Stanford Law School To register please click on the following link: http://www.seeuthere.com/event/m2c523-551239580897…
Courts Can’t Figure Out if Buying Keywords Constitutes Trademark Use–Buying for the Home v. Humble Abode
…alleged use of Plaintiff’s mark tied to the promotion of Defendants’ goods and retail services, but the mark was used to provide a computer user with direct access (i.e., a…
Google Wins Lawsuit Over Search Results–Maughan v. Google
By Eric Goldman Maughan v. Google Technology, Inc., 2006 WL 2874791 (Cal. App. Ct. Oct 11, 2006) In 2004, Mark Maughan sued Google over the way that Google crafts the…
Trademark Dilution Revision Act of 2006
…The statute defines a famous mark as being “widely recognized by the general consuming public of the United States.” This should eliminate niche fame, where a mark is famous only…
Nails, Coffins, Spam, and the Dormant Commerce Clause?
…high-water mark for this camp is found in Healy v. The Beer Institute, where the Supreme Court adopted choice bits of language from prior opinions to hold that “A statute…
Barrett v. Rosenthal Oral Argument Recap
…between publishers and republishers. Mark responded with the Donato standard. Werdegar asked if Bolen was the publisher. Mark said yes. Werdegar asked if the plaintiff had a cause of action…
Search Engine Liability for Selling Keywords Redux–800-JR Cigar v. GoTo.com
…look at some details. Trademark Infringement Closely following the GEICO v. Google precedent, the court says that GoTo’s sale of keywords constituted a trademark use in commerce. Specifically, the court…
Google Avoids Another Lawsuit Over Rankings (For Now)–Roberts v. Google
…do a markedly inferior job of producing useful search results than search engines will do guided by marketplace forces. Therefore, these lawsuits over search engine rankings pose risk not only…
O’Reilly and the “Web 2.0” Trademark
…the collective guffaw when the original Napster sued to enforce its trademark rights in 2000/2001. It’s not that Napster didn’t have protectable trademark rights (it did), it was just the…