Clickthrough Agreement Binding Against Minors–A.V. v. iParadigms
By Eric Goldman A.V. v. iParadigms, 2008 U.S. Dist. LEXIS 19715 (E.D. Va., March 11, 2008), I previously blogged that the judge was going to dismiss this case. The judge finally issued an opinion explaining his reasoning, and it’s quite…
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….
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,…
Turnitin Lawsuit to Be Dismissed–AV v. iParadigms
By Eric Goldman A.V. v. iParadigms, LLC, No. 07-0293 (E.D. Va. removal from trial docket Jan. 9, 2008) iParadigms, the operators of the Turnitin plagiarism detection tool, issued a confusing press release earlier this week announcing that the lawsuit against…
Jan. 2008 Quick Links (IP Edition)
By Eric Goldman Trademarks and Domain Names * Adidas America, Inc. v. Payless Shoesource, Inc., 2007 WL 4482201 (D. Oregon Dec. 21, 2007). This case (1) discusses whether advice of counsel is a defense against willfulness in the trademark context,…
State of the Net Conference Recap
By Eric Goldman Today I attended the State of the Net conference, sponsored by the Congressional Internet Caucus Advisory Committee. This event has become the “go-to” event for Internet policy wonks. Well over 300 people attended, including many well-known folks….
1-800 Contacts Sues LensWorld for Keyword Advertising
By Eric Goldman 1-800 Contacts, Inc. v. LensWorld.com, Inc., 2:08-cv-00015-SA (D. Utah complaint filed Jan. 8, 2008) My my, look who’s decided to go back into court! It’s none other than 1-800 Contacts, the online retailer with a lousy trademark…
December 2007 Quick Links
By Eric Goldman Marketing * I’ve blogged about Various, which operates AdultFriendFinder.com, before. They made the news recently in two ways. First, they sold to Penthouse for half-a-billion dollars. Second, they settled with the FTC for “pelting” users with unwanted…
Co-Blogger Identity Isn’t Disclosed via 512(h), but Takedown Letters Are Copyrightable
By Eric Goldman In re Subpoena Issued Pursuant to The Digital Millennium Copyright Action To: 43SB.Com, LLC, 2007 WL 4335441 (D. Id. Dec. 7, 2007) We have long known that the DMCA expedited subpoena procedures for identifying copyright infringers (17…
Oct.-Nov. 2007 Quick Links, Part 2
By Eric Goldman Marketing/Branding * To stimulate demand for its services, the British postal service is pointing out that snail mail is a good way to use olfactory marketing. Try to keep up with THAT, spammers! But doesn’t this give…