AWOL Opinions

June 18, 2005 · by · in Adware/Spyware, Derivative Liability, Trademark

While we are on Grokster watch, I also have been thinking of two opinions that seem to have disappeared into the void:

* Second Circuit opinion in 1-800 Contacts v. WhenU. The district court ruled in December 2003, the parties briefed the case in February/March 2004 (links to briefs) and the case has gone away. What’s taking the Second Circuit so long?

* Written opinion in GEICO v. Google. The court stopped the trial in mid-December and said:

“Unless there’s any objection, what I propose is that we terminate the trial at this point, I don’t mean end it, but stop right now what we’re doing to give the Court a brief amount of time, which given the holiday season might be two or three weeks, although we’re going to try to do it sooner than that, to get a written opinion out on this ruling, consistent with this ruling, and to allow you-all the opportunity to see whether or not there can be a resolution of what is left in the case.”

(Emphasis added). Instead of 2-3 weeks, it’s now been about 6 months, and still no written opinion. What’s the holdup?

UPDATE: The 1-800 Contacts and GEICO opinions are in!