Still Standing? Catching Up on the Jaynes Case
By Ethan Ackerman Virginia’s 1st-Amendment-deficient Spam law is still standing, but only because the Va. Supreme Court closely split over whether Jeremy Jaynes had standing to challenge it. A cynic could dismiss the most recent ruling in this fairly well-covered…
March 2008 Quick Links, Part I
By Eric Goldman It’s a sign of my busy March/April that I am just now posting these… Reputation/47 USC 230 * I have a lot to say about the JuicyCampus story (AP, MSNBC, Chronicle of Higher Education). Unfortunately, I ran…
Bay Area Blawgers 3.0, May 20, Berkeley
By Eric Goldman The High Tech Law Institute at Santa Clara University School of Law is pleased to sponsor Bay Area Blawgers 3.0, the third gathering of legal bloggers in the Bay Area and friends. This time we’re thrilled to…
“Trademark Use in Commerce” Revisited
By Eric Goldman You may recall my repeated discussion about the trademark use in commerce doctrine. A quick recap: the federal trademark infringement statute references the requirement that the defendant make a “use in commerce” of the plaintiff’s trademark. This…
Trademark Dilution Symposium Videos
By Eric Goldman It seems like only yesterday that the High Tech Law Institute sponsored the Trademark Dilution Symposium, but a quick look at the calendar reveals that it’s been over 6 months. Wow, how time flies! Even at this…
Pro-Zango Amicus Brief in Zango v. Kaspersky
By Eric Goldman The National Business Coalition on E-Commerce and Privacy has filed an amicus brief supporting Zango in Zango v. Kaspersky, the lawsuit over an anti-spyware vendor’s classification of third party software as “spyware.” I’m not familiar with this…
11th Circuit Freaks Out About Metatags–North American Medical v. Axiom
By Eric Goldman North American Medical Corp. v. Axiom Worldwide, Inc., 2008 WL 918411 (11th Cir. April 7, 2008) Oh man, what a bizarre and frustrating ruling from the 11th Circuit on metatags. The parties compete in the “spinal decompression”…
Rescuecom v. Google Second Circuit Oral Arguments
By Eric Goldman Yesterday the Second Circuit heard oral arguments in Rescuecom v. Google, and reports from the oral arguments are trickling out. James Grimmelmann provides a comprehensive report. Many thanks to James for taking the time to write this…
Roommates.com Denied 230 Immunity by Ninth Circuit En Banc (With My Comments)
By Eric Goldman Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, 2008 WL 879293 (9th Cir. April 3, 2008) The Ninth Circuit has issued its en banc ruling in the Fair Housing Councils v. Roommates.com case upholding the…
Roommates.com Denied 230 Immunity by Ninth Circuit En Banc
By Eric Goldman Hot news! The Ninth Circuit en banc panel in the Roommates.com case upheld the 3 judge panel and issued an opinion, not surprisingly written by Judge Kozinski, saying that Roommates.com doesn’t qualify for immunity under 47 USC…