Nov.-Dec. 2010 Quick Links, Part 3 (Special Extra-Long Copyright Edition)
By Eric Goldman * Oracle got a $1.3B jury verdict in its anti-scraping lawsuit against SAP. My prior blog coverage (1, 2, 3). This is one of the largest copyright damage awards ever (if not the largest), and it ranks…
Hypocrisy Alert?! Expedia, a “FairSearch” Member, Marginalizes American Airlines in Its Search Results
By Eric Goldman Just like manufacturers often have complicated relationships with their retailers, airlines and travel aggregators simultaneously compete and cooperate with each other. Airlines value the extra visibility that aggregators give them, but the airlines pay for that premium;…
Google Files Unredacted Brief in Rosetta Stone v. Google Appeal
By Eric Goldman After some prodding by Paul Levy of Public Citizen, Google has filed an unredacted version of its response brief in the Rosetta Stone v. Google appeal. As Paul explains in his blog post, the newly disclosed information…
Nov.-Dec. 2010 Quick Links, Part 2
By Eric Goldman Wikileaks Wikileaks has been on my mind for the past 2 months, but the stories have moved faster than I can. From my perspective, Wikileaks is principally a story about The Empire Strikes Back (It is a…
Ripoff Report Isn’t Bound By Injunction Against User Post–Blockowicz v. Williams
By Eric Goldman Blockowicz v. Williams, No. 10-1167 (7th Cir. Dec. 27, 2010) I blogged about this case a year ago. The Blockowiczs objected to allegedly defamatory posts on the Ripoff Report. They obtained a default injunction against the posters…
Nov.-Dec. 2010 Quick Links, Part 1 (Trademarks and Advertising Edition)
By Eric Goldman I have a big backlog of Quick Links from the last 2 months. I’ll post them over the next few days. I also have a backlog of other blog posts I need to write, especially my reassessment…
Hotels Benefit When Distributors Reference the Hotel’s Trademark in Keyword Ad Copy
By Eric Goldman Lesley Chiou of Occidental College and Catherine Tucker of MIT have posted an empirical study, How Does the Use of Trademarks by Third-Party Sellers Affect Online Search? The study tries to model what happens when distributors use…
Viacom, FAPL and Amici File Briefs in Viacom v. YouTube Second Circuit Appeal
By Eric Goldman [note: all of the briefs referenced in this post are linked in the case library at the bottom of the post] Viacom and the FAPL have filed their opening appellate briefs in the Second Circuit appeal of…
SEO/Web Design Consultant Faces Contributory Trademark Liability for “Copycat” E-Commerce Site–Roger Cleveland Golf v. Price
By Eric Goldman Roger Cleveland Golf Co. v. Price, 2010 WL 5019260 (D. S.C. Dec. 3, 2010). [Note: the case captioning is probably wrong. Apparently, it should have been Roger Cleveland Golf Co. v. Prince] Online contributory trademark infringement liability…
Advertising & Marketing Law Syllabus for Spring 2011
By Eric Goldman Next semester, I am teaching Advertising & Marketing Law for the first time. My syllabus. This is a brand-new course built from the ground up. As teaching materials, I will be using an early draft of a…