Article on Regulating Marketing–A Coasean Analysis of Marketing

By Eric Goldman Eric Goldman, A Coasean Analysis of Marketing, 2006 Wis. L. Rev. __ (forthcoming). In 2001, I had a career-altering epiphany while I was working at Epinions (this is the topic that prompted me to consider becoming a…

Trademark Dilution Revision Act of 2006

By Eric Goldman Last week, President Bush signed the Trademark Dilution Revision Act of 2006 into law. Ostensibly, this law was intended to overturn the Moseley case’s requirement that plaintiffs show “actual dilution” instead of a “likelihood of dilution.” However,…

Must Websites Comply with the ADA (and State-Law Equivalents)? National Federation of the Blind v. Target

By Eric Goldman National Federation of the Blind v. Target Corp., No. C 06-01801 (N.D. Cal. Sept. 6, 2006) This case got a fair amount of attention when it first came out, so I’m a little late to this party….

Online Word of Mouth Presentation

By Eric Goldman Today I was in Pittsburgh presenting a work-in-progress talk called “Online Word of Mouth and Its Implications for Trademark Law.” My slides. Frank Pasquale’s and Rebecca Tushnet’s comments on the presentation.

Yahoo and Google Home Pages

By Eric Goldman Fascinating contraposition of stories on the Google and Yahoo home pages run by the Washington Post and BusinessWeek, respectively. From BusinessWeek: Yahoo makes its home page decisions strictly by following user clicks. They capture user clickstreams across…

Sept. 2006 Quick Links

By Eric Goldman Some stories that caught my eye in September: * Digg users are gaming the Digg algorithm. Greg Linden’s take. Naturally, Digg is fighting back by tweaking its algorithm to reduce the effect of gaming and preserve some…