October 2009 Quick Links
By Eric Goldman Just a reminder that I am posting most of these types of links exclusively to my Twitter feed. * Tricome v. eBay, Inc., 2009 WL 3365873 (E.D.Pa. Oct 19, 2009). Court upholds eBay user agreement’s venue selection…
Google AdWords Litigation Updates–Google Adds One Lawsuit and Ends Another
By Eric Goldman It’s been a little quiet on the Google AdWords trademark litigation front in the past couple of months, so it’s timely to check in on the situation. Jurin v. Google, Inc., 2:09-at-01695 (E.D. Cal. complaint filed Oct….
Facebook Not Liable for Private User Groups Per 230–Finkel v. Facebook
By Eric Goldman Finkel v. Facebook, Inc., 2009 N.Y. Slip Op. 32248 (N.Y. Sup. Ct. Sept. 15, 2009) This is a really interesting legal dispute with an entirely predictable outcome for Facebook as a defendant. See my initial blog post…
Craigslist Isn’t Liable for Erotic Services Ads–Dart v. Craigslist
By Eric Goldman Dart v. Craigslist, Inc., 09 C 1385 (N.D. Ill. Oct. 20, 2009) Yesterday, Judge John F. Grady of the Northern District of Illinois federal court dismissed Cook County Sheriff Dart’s lawsuit against Craigslist for user-posted advertisements in…
DePaul Reputation Talk Slides
By Eric Goldman Last week I presented on my long-running Economics of Reputational Information project once again–this time at a DePaul conference on cyberlaw. I titled the talk “A Tale of Two Reputation Systems” and approached it as a comparative…
Q3 2009 Quick Links, Part 3
By Eric Goldman Copyright * AP v. All Headline News settles. My initial blog post. The settlement order. * The Turnitin case has settled. My blog post on the district court ruling. * Corbis Corp. v. Starr, No. 3:07CV3741 (N.D….
Q3 2009 Quick Links, Part 2
By Eric Goldman Trademark * Venkat: Twitter makes the dictionary. * Federal Circuit says Hotels.com is generic. * Steve Madden sues eBay for trademark infringement. Marty’s coverage. Justia page. I found the fifth cause of action, “trademark delusion,” a surprisingly…
Q3 2009 Quick Links, Part 1
By Eric Goldman My system of managing news items that don’t warrant a full blog post but can’t fit into a 140 character Twitter post has broken down. So, I’m belatedly catching up on my backlog of things that caught…
A Fuller Explanation of Why the FTC Endorsement/Testimonial Guidelines Violate 47 USC 230
By Eric Goldman Last week’s release of the FTC’s new Endorsement and Testimonial Guidelines has generated a significant amount of angst online. The resulting commentary has been strongly and almost uniformly negative. Frankly, none of the sources I read have…
Do the FTC’s New Endorsement/Testimonial Rules Violate 47 USC 230?
By Eric Goldman In reading the FTC’s new rules on endorsements and testimonials in advertisements, I was struck by the FTC’s expansive vision of advertiser liability for third party-caused violations. In particular, the FTC apparently has made the same analytical…