Two 47 USC 230 Defense Losses–StubHub and Alvi Armani Medical
By Eric Goldman Even though both of these cases are a little dated, they both just showed up in Westlaw in the past couple weeks. Their juxtaposition, plus the recent Woodhull case, suggests a mini-trend against 230. NPS LLC v….
Promatek Redux: Software Consultant Enjoined from Metatag Usage and Other TM References–Deltek v. Iuvo
By Eric Goldman Deltek, Inc. v. Iuvo Systems, Inc., 2009 WL 1073196 (E.D. Va. April 20, 2009). The Justia page. Every year in Cyberlaw, I teach Promatek v. Equitrac, a Seventh Circuit metatags case from 2002 noteworthy for its multiple…
Catching Up on Three Keyword Advertising Cases–Hearts on Fire, Romeo & Juliette, AAA
By Eric Goldman Three trademark owner v. advertiser rulings from the past month: Hearts on Fire Co. v Blue Nile, Inc., 2009 WL 794482 (D. Mass. March 27, 2009). The Justia page. This is an interesting and potentially very important…
Michael Savage Takedown Letter Might Violate 512(f)–Brave New Media v. Weiner
By Eric Goldman Brave New Films 501(C)(4) v. Weiner, 2009 WL 1011712 (N.D. Cal. April 15, 2009). The Justia page. In October 2007, radio personality Michael Savage (aka Weiner–hence the case caption) went on an anti-Muslim tirade on his radio…
Certain Approval Program v. Rip-off Report Update: Misappropriation Claim Dismissed
By Eric Goldman Certain Approval Programs, L.L.C. v. XCentric Ventures L.L.C., CV08-1608-PHX-NVW (D. Ariz. April 13, 2009). Yet another update on Rip-off Report litigation. In March, a ruling in Certain Approval Program v. Xcentric caused a minor stir. The plaintiff…
eBay Resales Constitute Trademark Infringement Despite First Sale Doctrine–Beltronics v. Midwest
By Eric Goldman Beltronics USA Inc. v. Midwest Inventory Distribution, No. 07-3340 (10th Cir. April 9, 2009) This is yet another online channel leakage case (for my last visit to this topic, see the Mary Kay v. Weber case). Beltronics…
230 Doesn’t Preempt State IP Claims–Atlantic Records v. Project Playlist
By Eric Goldman Atlantic Recording Corp. v. Project Playlist, Inc., 2009 WL 766224 (S.D.N.Y. March 25, 2009). The Justia page. This ruling addresses one of the known “circuit splits” in 47 USC 230 jurisprudence: does 230 preempt state IP claims…
Graeme Dinwoodie on Rescuecom v. Google
By Eric Goldman [Eric’s note: As I mentioned, I’m getting a lot of private emails about Rescuecom v. Google, including the email from Margreth Barrett that I blogged last week. Today, I got the following email from Graeme Dinwoodie, a…
Robert Steinbuch Loses Another Round–Steinbuch v. Hachette
By Eric Goldman Steinbuch v. Hachette Book Group, 2009 WL 963588 (E.D. Ark. April 8, 2009). The Justia page. Law professor Robert Steinbuch, a male “protagonist” from the notorious and risque Washingtonienne blog by Jessica Cutler, suffered another courtroom loss….
GoDaddy Sued for Cybersquatting for Parked Domain Names–uBid v. GoDaddy
By Eric Goldman uBid, Inc. v. GoDaddy Group, Inc., 1:09-cv-02123 (N.D. Ill. complaint filed April 6, 2009) Domain name parking programs have generated some lawsuits, including the Vulcan Golf v. Google lawsuit (plus several “me-too” lawsuits following in its footsteps)…