Keyword Ads and Other Marketing Supports Remote Jurisdiction–Market America v. Optihealth
By Eric Goldman Market America v. Optihealth Products, Inc., 2008 WL 5069802 (M.D.N.C. Nov. 21, 2008) This lawsuit involves the trademark “OPC-3.” “OPC” is the generic term for “group of antioxidant bioflavonoids” that companies sell as dietary supplements. The plaintiff…
November 2008 Quick Links
By Eric Goldman Trademark * NYT: “A handful of new Web sites with names like Typo Bay and Typo Buddy are out to help shoppers save money by searching eBay for misspelled brand names.” In 2005, I blogged that typographical…
Yahoo Countersues American Airlines for Declaratory Judgment
By Eric Goldman Yahoo, Inc. v. American Airlines, Inc., C08-05308 (N.D. Cal. complaint filed Nov. 21, 2008). The Justia page. As you recall, American Airlines recently followed its July settlement with Google by bringing a clone-and-revise trademark infringement lawsuit against…
Roommates.com Loses Summary Judgment on Remand, and Then Partially Settles
By Eric Goldman Fair Housing Council of San Fernando Valley v. Roommate.com, LLC, CV 03-9386 PA (RZx) (C.D. Cal. Nov. 7, 2008). Nov. 19 stipulation. The Ninth Circuit en banc ruling in the Roommates.com remains one of the most noteworthy…
Google Book Search Settlement Comments (A Little Late)
By Eric Goldman The Google Book Search settlement sparked plenty of discussion, but the coverage was suppressed by the high entry barriers to commenting–specifically, 300 pages of dense slow-reading legalese in the settlement agreement. Some of you may be faster…
Lori Drew Guilty of 3 Misdemeanor Violations of the Computer Fraud & Abuse Act
By Eric Goldman According to news reports (WSJ Law Blog, LA Times, AP), the jury has declared Lori Drew guilty of “three misdemeanor counts of accessing a computer without authorization.” I would like to parse the actual jury verdict form…
Search Engines Aren’t Liable for Gambling Ads Per 230–Cisneros v. Yahoo
By Eric Goldman Cisneros v. Yahoo, CGC-04-433518 (Cal. Superior Ct. “Tentative Trial Decision” Nov. 6, 2008) I am frequently asked if 47 USC 230 protects websites for claims based on the ads they run. My answer is emphatically “yes” unless…
Blockshopper Request to Dismiss Jones Day Lawsuit Denied
By Eric Goldman Jones Day v. Blockshopper LLC, 08CV4572 (N.D. Ill. Nov. 13, 2008). The CMLP page. 2008 has been a banner year for ridiculous trademark claims, so picking the most ridiculous is a little tricky…but this lawsuit easily makes…
October 2008 Quick Links, Part 3
By Eric Goldman Pornography * Can you believe this? A 15 year old girl took nude photos of herself using her cellphone and sent the photos to her peers. She is now being prosecuted on child pornography charges. The girl’s…
October 2008 Quick Links, Part 2
By Eric Goldman Spam * Kramer v. Perez. An Iowa court awards $236M in damages in a spam case. Venkat’s comments. * After the government lost its jury trial against Impulse Media, the court denied Impulse Media attorneys fees. Contracts…