New AdWords Trademark Lawsuit–JTH Tax v. Google

JTH Tax, Inc. v. Google, Inc., 2:05CV200 (E.D. Va. complaint filed April 4, 2005). JTH runs “Liberty Tax Service.” A company, “” runs an AdWords ad (the complaint does not specify what keywords triggered it) that has the title “Liberty…

Google News Adds Some Blogs

Bill Gratch of Blawg is reporting that two blawgs have been added to Google News, including one that’s only a couple of weeks old. This only further reinforces my confusion about the standards for inclusion in Google News. I’ve argued…

2005 Pew Report on Spam

Pew has released its annual survey on recipient attitudes towards spam. The 2005 version shows that recipients are becoming adjusted to the spam influx. As the report says, recipients are “minding it less” and that the “worst case scenario—that spam…

ICANN Not a State Actor

McNeil v. VeriSign, Inc., 2005 WL 741939 (9th Cir. April 1, 2005). The Ninth Circuit ruled (in an unpublished opinion) that ICANN is not a state actor. According to my research, I’ve found the following cases holding that private Internet…

Cairo v. Crossmedia Services

Cairo, Inc. v. Crossmedia Services, Inc., 2005 WL 756610 (N.D. Cal. Apr. 1, 2005). Cairo runs a search engine listing advertised sales. CMS has a database of advertisements. To build its search database, Cairo’s robot crawls CMS’s servers, which CMS…

Anti-Spoofing Protocol

A spammer makes unauthorized use of a company’s trademarks in an email promoting the purchase of goods/services. This isn’t a phishing email per se; it’s not trying to disgorge personal statistics for identity theft or outright theft (although it may…

Slate Exhibit on Breast Enhancement Patents

Slate has a “revealing” (sorry) look at patents related to breast enhancements throughout history. We tend not to think of the patent database as a great porn resource, but there’s plenty of titillation for those who know where to look….

Grokster Oral Arguments

If you haven’t seen it elsewhere, the transcript from the oral arguments in Grokster.

Talk on 47 USC 230 at Michigan State

I’m going to be talking tomorrow about derivative liability at a conference at Michigan State University Law School. You can see a preview of my talk. Unquestionably, my perspective is colored by my experiences at Epinions!

Talk at Stanford on Online Trademark Law

I’m giving a talk at Stanford on Saturday about online trademark law. You can get a sneak preview of my outline. (This talk is largely cribbed from my Deregulating Relevancy paper).