Tiffany v. eBay District Court Opinion Analysis
By Eric Goldman Tiffany (NJ) Inc. v. eBay Inc., No 04 Civ. 4607 (RJS) (S.D.N.Y. July 14, 2008) It took most of the day, but I’ve finally read through the 66 page book in the Tiffany v. eBay case, and…
eBay Wins Huge Ruling in Tiffany Case
By Eric Goldman Tiffany (NJ) Inc. v. eBay Inc., No 04 Civ. 4607 (RJS) (SDNY July 14, 2008) In a 66 page ruling that I haven’t had time to digest, the judge appears to have completely accepted eBay’s arguments in…
State of the Net West 2008, August 6, SCU
By Eric Goldman I would like to invite you to attend State of the Net West 2008, co-sponsored by the Advisory Committee to the Congressional Internet Caucus and the High Tech Law Institute. This event is a complement to the…
The Sex Tape Problem…and a Possible Legislative Solution?
By Eric Goldman An inescapable fact of the digital era is that people will be depicted in digitized sex videos (“sex tapes”) that they wish did not exist. Sex tapes can be classified into a variety of types: * sex…
eBay Not Bound By Robinson-Patman Act–Windsor Auctions v. eBay
By Eric Goldman Windsor Auctions, Inc. v. eBay, Inc., 2008 WL 2622791 (N.D. Cal. July 1, 2008) The Robinson-Patman Act is a Depression-era law designed to reduce the ability of manufacturers to engage in price discrimination. At the time, large…
Two Regressive Search Engine Advertising Rulings–Standard Process v. Total Health and Finance Express v. Nowcom
By Eric Goldman It’s not uncommon for courts to make judgments based on outdated understandings of precedent and technology, especially when dealing with dynamically evolving areas like Internet trademark law. Nevertheless, it can be a little dispiriting to read opinions…
June 2008 Quick Links
By Eric Goldman Trademarks/Domain Names * Utah Lighthouse Ministry v. Foundation for Apologetic Information and Research, 2008 WL 22043807 (10th Cir. May 29, 2008). CMLP writeup. Nice 10th Circuit win for a gripe site against trademark infringement and cybersquatting. This…
“Duck Tours” Is Generic–Boston Duck Tours v. Super Duck Tours
By Eric Goldman Boston Duck Tours LP v. Super Duck Tours LLC, 2008 WL 2444480 (1st Cir. June 18, 2008) I previously blogged on this dispute in December. The case involved the defendant’s purchase of keyword advertising triggered by the…
Consumer Complaint Site Defeats Lawsuit By Unhappy Vendor–Nemet v. ConsumerAffairs.com
By Eric Goldman [Note: I’m back from my vacation. For a short recap of my experience, see my FAQs about my trip to the Hulahula River in the Arctic National Wildlife Refuge.] Nemet Chevrolet Ltd. v. ConsumerAffairs.com, Inc., 2008 WL…
Vacation and Guest Bloggers
By Eric Goldman For the next two weeks, I will be enjoying a celebratory river-rafting trip on the Hulahula River in the Arctic National Wildlife Refuge. This is a supremely remote destination–it takes 4 airplanes to get there from the…