Funky Ninth Circuit Opinion on Domain Names and Nominative Use–Toyota v. Tabari
By Eric Goldman Toyota Motor Sales, U.S.A., Inc. v. Tabari, 2010 WL 2680891 (9th Cir. July 8, 2010) Every time I see a federal appellate opinion on domain names, I’m vaguely reminded of the Country Joe song I-Feel-Like-I’m-Fixin’-To-Die Rag, whose…
Online Sports Ticketing Exchange Wins Dismissal Under Website User Agreement — Duffy v. The Ticketreserve, Inc.
[Post by Venkat] Duffy v. The Ticketreserve Inc. (FirstDIBZ.com), Case No. 09 C 1746 (N.D. Ill. July 6, 2010) FirstDIBZ.com operates an online market place where end users can “buy, sell, and trade options to purchase tickets to sporting events.”…
Q2 2010 Quick Links Part 2
By Eric Goldman Marketing and Advertising * Good talk from FTC Chair Leibowitz: “we have great hopes for self-regulation….So long as self-regulation is making forward progress, the FTC is not interested in regulating” behavioral targeting. * NYT on teaching middle…
Payment Service Providers May Be Liable for Counterfeit Website Sales–Gucci v. Frontline
By Eric Goldman Gucci America, Inc. v. Frontline Processing Corp., 2010 WL 2541367 (S.D.N.Y. June 23, 2010) This case relates to an online seller of Gucci counterfeit goods called TheBagAddiction.com, run by Laurette. Gucci already successfully shut down the counterfeit…
April-May 2010 Quick Links Part 1 (IP Edition)
By Eric Goldman [Note: I just got back from the Netherlands, where I had extremely limited Internet connectivity, so sorry for my absence in the last week (although you were in good hands with Venkat). I will be posting more…
Life May Be “Rad,” But This Trademark Lawsuit Isn’t–Williams v. CafePress.com
By Eric Goldman Williams v. Life’s Rad, 2010 U.S.Dist. LEXIS 46763 (N.D. Cal. May 12, 2010) This lawsuit bummed me out. The trademark at issue–the surfing-inspired “Life’s Rad”–is supposed to lift people up, but it’s hard to maintain a sunny…
Second Circuit Stays Hot News Injunction–Barclays v. theflyonthewall
By Eric Goldman Barclays Capital Inc. v. Theflyonthewall.com, Inc., 10-1372-cv (2d Cir. May 19, 2010) This case is my choice for the most interesting Cyberlaw development of 2010 (so far). Unfortunately, I ran out of time to blog it when…
FTC Busts Check-Issuing Website for Unfair Practices–FTC v. Qchex
By Eric Goldman Federal Trade Commission v. Neovi, Inc., 09-55093 (9th Cir. May 14, 2010) Qchex allowed registered users to create and send checks via a website. Initially, users could submit bank account information and payee information, and Qchex would…
Interesting Database Scraping Case Survives Summary Judgment–Snap-On Business Solutions v. O’Neil
[Post by Venkat, with additional comments from Eric below] Snap-on Business Solutions Inc. v. O’Neil & Assocs., Inc. (N.D. Ohio April 16, 2010) [scribd] Snap-on is one of those cases that’s great because the court canvasses the various claims that…
eBay Mostly Beats Tiffany in the Second Circuit, but False Advertising Claims Remanded
By Eric Goldman Tiffany (NJ) Inc. v. eBay Inc., 2010 WL 1236315 (2d Cir. April 1, 2010) In a subtle opinion with potentially significant implications, eBay has preserved most of its big 2008 district court victory in the long-running Tiffany…