Fair Housing Council Responds to Roommates.com’s En Banc Hearing Request
By Eric Goldman The Fair Housing Council of San Fernando Valley has submitted its response to Roommates.com’s request for an en banc rehearing by the Ninth Circuit. Other documents in the case: * Roommates.com’s En Banc Request * The original…
Seventh Circuit Opinion Cites Infringing YouTube Video–Stoller v. Brett
By Eric Goldman Central Manufacturing, Inc. v. Brett, 2007 WL 1965673 (7th Cir. July 9, 2007) Leo Stoller, the notorious trademark gadfly, lost another case, this time at the Seventh Circuit. Among other denigrations, the Seventh Circuit said that “were…
Credit Card Providers Aren’t Liable for Third Party Infringement–Perfect 10 v. Visa
By Eric Goldman Perfect 10, Inc. v. Visa International Service Association, No. 05-15170 (9th Cir. July 3, 2007) The Ninth Circuit has completed a hat trick of appeals involving Perfect 10’s litigation frenzy over online infringement of Perfect 10’s copyrighted…
Google Subpoenaed for Keyword Purchase Data–Rhino Sports v. Sport Court
By Eric Goldman Rhino Sports, Inc. v. Sport Court, 02-1815 PHX-JAT and 06-0366 PHX-JAT (N.D. Cal. subpoena duces tecum issued June 14, 2007) We’re all aware that Google has plenty of good personal information that can be discoverable. But until…
SAP Has Bad News in Oracle Lawsuit, But Tries to Bury It
By Eric Goldman Oracle Corp. v. SAP AG, Case No. 07-CV-1658 MJJ (N.D. Cal. answer filed July 2, 2007) You’re an international corporate giant with some bad news in a high-profile case that you want to bury. What do you…
June 2007 Quick Links
By Eric Goldman Email * Spam cases are coming at a regular clip, and it’s tricky divining the latest state of the law. Two recent cases that caught my attention: – US v. Impulse Media Group, 2007 WL 1725560 (W.D….
American Blinds Sanctioned
By Eric Goldman Google Inc. v. American Blind & Wallpaper Factory, Inc., 2007 WL 1848665 (N.D. Cal. June 27, 2007) The Google v. American Blinds trial is scheduled to start November 9, 2007. Last week, Google won a discovery dispute…
Person v. Google Dismissed (Again)–This Time With Prejudice
By Eric Goldman Person v. Google, Inc., 2007 WL 1831111 (N.D. Cal. June 25, 2007) You may recall my previous coverage on this case. Person is a lawyer and a former candidate for NY Attorney General. He sued Google for…
Another Court in 2d Cir. Says Buying Keyword Ads Isn’t TM Use in Commerce–FragranceNet.com v. FragranceX.com
By Eric Goldman FragranceNet.com, Inc. v. FragranceX.com, Inc., 2007 WL 1821153 (E.D.N.Y. June 12, 2007) This case shows the deepening split between the Second Circuit and other circuits on keyword triggering as TM use in commerce. This is now the…
Commercial Referential Trademark Uses (Rescuecom v. Google Amicus Brief Outtakes)
By Eric Goldman Earlier this year, I drafted the following as a proposed contribution to the law professors’ amicus brief in Rescuecom v. Google. We ultimately decided to go in a different direction, but I’m posting the outtakes here for…