Affiliate Liability Talk Notes from SMX West
By Eric Goldman Last week, I spoke for 10 minutes (actually, I took 12) at SMX West on the topic of advertiser liability for affiliates’ actions. My talk notes: General Principles Issue: when are advertisers liable for their affiliates’ behavior?…
Yahoo’s Sale of Competitive Keyword Ads Isn’t False Designation of Origin–Heartbrand Beef v. Lobel’s
By Eric Goldman Heartbrand Beef, Inc. v. Lobel’s of New York, LLC, 2009 WL 311087 (S.D.Tex. Feb. 5, 2009). The Justia page. Heartbrand sells Akaushi beef, a special and very expensive Japanese variety of beef. Heartbrand brought an enforcement action…
2008 Cyberlaw Year-in-Review
By Eric Goldman It’s a sign of my schedule that I’m just now getting to this, and this post will be more pithy than I initially conceived. This post recaps some of the Cyberlaw highlights from last year. Frankly, the…
Social Networking Sites and Blogs Talk for Students
By Eric Goldman Today I gave a talk entitled “Social Networking Sites and Blogs” for the on-campus Student Intellectual Property Law Association (SIPLA). My slides. In conjunction with this, I thought it might be useful to organize a bibliography of…
Web Host Faces Potential Contributory Trademark Liability–Louis Vuitton v. Akanoc
By Eric Goldman Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., C 07-03952 JW (N.D. Cal. Dec. 23, 2008) This is one of countless anti-counterfeiting actions by luxury brands against allegedly infringing websites—but the twist is that the brand owner…
Brand Spillovers Article Now Available
By Eric Goldman I have finally posted my article, Brand Spillovers, to SSRN. It will be published in the Harvard Journal of Law & Technology later this year. I have blogged about this project several times over the past 4…
Rip-off Report Rolls to Another Win–GW Equity v. Xcentric Ventures
By Eric Goldman GW Equity LLC v. Xcentric Ventures LLC, 2009 WL 62173 (N.D.Tex. Jan. 9, 2009) I previously blogged about this case in October when the magistrate judge issued his report and recommendations finding that Rip-off Report was immune…
47 USC 230 Talk for Businesspeople
By Eric Goldman As I mentioned in my previous post, I will be speaking tonight in Sacramento about 47 USC 230. The audience will have a heavy component of businesspeople mixed among the lawyers. Although I’ve spoken frequently about 230,…
December 2008 Quick Links, Part 1
By Eric Goldman Copyright * Stockwire Research Group, Inc. v. Lebed, 577 F .Supp. 2d 1262 (S.D. Fla. Sept. 18, 2008). $2.5M default judgment for violation of anti-circumvention provisions. * The RIAA announced that it is shifting away from suing…
Veoh Gets Another Nice 512(c) Win–UMG v. Veoh
By Eric Goldman UMG Recordings, Inc. v. Veoh Networks, Inc., 2008 WL 5423841 (C.D. Cal. Dec. 29, 2008) Last year, in Io v. Veoh, online video sharing site Veoh got a significant win under the DMCA online safe harbors (17…