Google Gets Favorable ECJ Opinion, But Will It Prove to Be a Hollow Victory?
By Eric Goldman The European Court of Justice issued its long-anticipated decision in the three Google AdWords cases (C-236/08, C-237-08 and C-238/08) referred to it by the French Cour de Cassation. The ruling only answers the questions posed to it…
Search Engine Legal Developments to Watch in 2010
By Eric Goldman I recently spoke on a panel about search engines and the law at SMX West. I previewed four major trends in search engine law to watch in 2010: 1) Competition issues. Antitrust/competition law has become a big…
Another Bad Ruling in Louis Vuitton v. Akanoc
By Eric Goldman Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., 5:07-cv-03952-JW (N.D. Cal. March 19, 2010) I have not seen a definitive statement of facts in this case, so synthesizing various cryptic statements by the court, here’s my understanding…
Viacom v. YouTube Summary Judgment Motions Highlights
By Eric Goldman Who doesn’t enjoy a good old-fashioned mud-slingin’ showdown? That’s exactly what we’ve got on our hands in the dueling summary judgment motions from Viacom and YouTube in the long-running copyright infringement case (see my initial post from…
Regulating Reputational Systems Slides
By Eric Goldman Last week, I presented my Regulating Reputational Systems talk to non-lawyers at the Jewish High Tech Community. My talk slides. I’ve been working on this topic now for about 18 months, and I’m finally getting closer to…
Stratton Faxon v. Google Dismissed
By Eric Goldman Stratton Faxon v. Google, Inc., NNH-CV-09-5031219S (Conn. Superior Ct. dismissed March 8, 2010) Stratton Faxon v. Google was always an oddball case in the constellation of trademark owner challenges to Google AdWords. First, the plaintiff–a law firm…
Crowdsourced Ads May Not Be Protected by 47 USC 230–Subway v. Quiznos
By Eric Goldman Doctor’s Associates, Inc. v. QIP Holders LLC, 2010 WL 669870 (D. Conn. Feb. 19, 2010). My prior post on this case. As a long-time vegetarian (over a quarter-century), I find America’s obsession with “more meat” competitions simultaneously…
Rescuecom Abandons Its Litigation Against Google
By Eric Goldman Today, Rescuecom issued a press release declaring victory in its litigation against Google. But it’s an odd definition of “victory” given that Rescuecom has apparently voluntarily abandoned its 6 year litigation effort without any new concessions from…
Eighth Circuit: No Derivative Liability Under Iowa Spam Statute — Kramer v. Bartok
[Post by Venkat] Kramer v. Bartok, Case No. 08-3841 (8th Cir. Feb. 19, 2010) (scribd link). The Eighth Circuit recently reversed an award of $236 million in damages against a spam defendant based on a theory of secondary liability. The…
Google Dismisses Some Claims in Jurin v. Google and Gets Some Attorneys’ Fees
By Eric Goldman Jurin v. Google, Inc., 2010 U.S. Dist. LEXIS 18208 (E.D. Cal. March 1, 2010) Jurin v. Google is one of the 10 outstanding trademark-based claims against Google’s AdWords programs–in this case, over advertiser purchases of Jurin’s trademark…