Keyword Advertiser Headed to Trial–Soaring Helmet v. Nanal
By Eric Goldman Soaring Helmet Corp. v. Nanal, Inc., 2011 WL 39058 (W.D. Wash. Jan. 3, 2011) I previously blogged on this case in 2009 when Soaring Helmet sued Google for selling keyword advertising triggered on its trademark. Soaring Helmet…
Search Engines Sued for Accepting Keyword Advertising on “Cheese of the Month Club” Trademark–Pathak v. ICG
By Eric Goldman Pathak v. ICG America, Inc., 5:11-cv-00055-VAP -OP (C.D. Cal. complaint filed Jan. 6, 2011) Pathak’s lawsuit is the latest iteration in the litigation deathmatch royale taking place among retailers with “[Food] of the month club” trademarks. See…
Iconic TV Commercials
By Eric Goldman I’m teaching Advertising & Marketing Law this semester, and I thought it might be helpful to start the semester by showing some TV ads. Remember that many of my students were born after the golden age of…
Goldman Spring 2011 Speaking/Travel Schedule
By Eric Goldman This lists some of my upcoming public/semi-public talks and other events this semester. As always, if we’re going to be at the same conference or if I’m traveling to your area and you would like to try…
Ripoff Report Ordered to Stop Publishing User-Submitted Report–Giordano v. Romeo
By Eric Goldman Giordano v. Romeo, No. 09-68539-CA-25 (Fla. Cir. Ct. Dec. 28 2010). The complaint. Today’s case is a baffling and clearly erroneous ruling. What’s even more bizarre is that the judge initially got the right result and *then*…
Second Life Ordered to Stop Honoring a Copyright Owner’s Takedown Notices–Amaretto Ranch Breedables v. Ozimals
By Eric Goldman Amaretto Ranch Breedables v. Ozimals, Inc., 2010 WL 5387774 (N.D. Cal. Dec. 21, 2010). The Justia page. The complaint with exhibits. Ozimals’ C&D to Amaretto and its blogged statement on the case. Here’s a line you don’t…
Nov.-Dec. 2010 Quick Links, Part 5
By Eric Goldman Taxes * Amazon.com, LLC v New York State Dept. of Taxation & Fin., 2010 NY Slip Op 07823 (N.Y. App. Div. Nov. 4, 2010). A NY appellate court rejected Overstock’s/Amazon’s facial challenges to “affiliates tax” but revived…
Nov.-Dec. 2010 Quick Links, Part 4
By Eric Goldman Blogs and Boards * Reuters on the wild-and-wooly world of investor message boards. * KingCast.net v. Friends of Kelly Ayotte, 2010 WL 4683829 (D.N.H. Nov. 2, 2010). Blogger’s unsuccessful lawsuit to gain mandatory access to a candidate’s…
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;…