Iowa Offers Tax Breaks to “Web Search Portal Businesses”

By Eric Goldman Iowa, showing its technological savvy, has passed a law providing some tax abatements for “web search portal businesses” that invest $200M in the state in 6 years. See HF 2233, enacted Feb. 28, 2008. Most industry participants…

47 USC 230 Day at the Technology & Marketing Law Blog

By Eric Goldman Today is 47 USC 230 Day at the Technology & Marketing Law Blog as we catch up on a hat trick of recent 47 USC 230 opinions. 1) Gregerson v. Vilana Financial, Inc., 2008 WL 451060 (D….

Utah Amends Trademark Protection Act (But Only After Some Drama)

By Eric Goldman One of the arguments in favor of federalism is that it enables states to act as “laboratories of experimentation,” a phrase attributed to Louis Brandeis. The idea is that if enough states try different things legislatively, then…

Utah Quietly Killing the Trademark Protection Act [UPDATED]

By Eric Goldman [See update below] We’re coming up on the one year anniversary of the Utah Trademark Protection Act, Utah’s effort to kill/tax keyword advertising. It looks like the law may not survive until its first birthday, as the…

Lifestyle Lift Tries to Use TM Law to Shut Down User Discussions; Website Countersues for Shilling–Lifestyle Lift v. RealSelf

By Eric Goldman Lifestyle Lift Holding, Inc. v. RealSelf Inc., 2:08-cv-10089-PJD-RSW (complaint filed Jan. 7, 2008 and answer/counterclaims filed March 3, 2008) [disclosure note: I have done some legal work for RealSelf, including some limited counseling on this lawsuit] No…

Feb. 2008 Quick Links

By Eric Goldman Advertising * BusinessWeek: Monetizing social networking sites isn’t as easy as everyone had hoped, clickthrough rates are through the floor (0.04%!), and ad proliferation on the sites is driving users away. * Wilbur, Kenneth C. and Zhu,…

Rescuecom v. Google Oral Arguments Finally Calendared

By Eric Goldman You may recall Rescuecom v. Google, where the district court dismissed a trademark infringement lawsuit against Google for selling trademarked keywords because the sales lacked the requisite use in commerce. We are all watching this case closely…

Click Fraud Talk at SMX West

By Eric Goldman At SMX West, I participated on a panel about recent search engine law developments with Clarke Walton, Sarah Bird and Jeffrey Rohrs as moderator. Jeff asked me to address click fraud developments, so here’s a recap of…

CaféPress Denied 230 Motion to Dismiss–Curran v. Amazon

By Eric Goldman Curran v. Amazon.com, Inc., 2008 WL 472433 (S.D. W.Va. Feb. 19, 2008) Erik Curran was a National Guard soldier who served in “a combat zone.” For reasons unclear from this opinion, he was photographed by an unspecified…

Eric Menhart Backs Off CyberLaw Trademark Claim

By Eric Goldman You may recall that last month we all had a good laugh over self-proclaimed Cyberlawyer Eric Menhart’s trademark application for the term “CyberLaw” to describe his Cyberlaw practice. (In case it wasn’t clear, we weren’t laughing WITH…