eBay Venue Selection Clause Upheld in Texas
By Eric Goldman In re eBay, Inc., 2010 WL 2695803 (Tex. App. Ct. July 8, 2010) In Comb v. PayPal, 218 F. Supp. 2d 1165 (N.D. Cal. 2002), PayPal defended a putative class action by invoking the arbitration clause in…
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…
Craigslist Loses 230 Defense to Promissory Estoppel Claim–Scott P. v. Craigslist
By Eric Goldman Scott P. v. Craigslist, Inc., CGC-10-496687 (Cal. Superior Ct. June 2, 2010). The CMLP page with source materials. In a situation not dissimilar to the venerable Zeran case, starting in March 2009, Scott P. was criminally victimized…
Google Can’t Shake Cybersquatting Claim–Vulcan Golf v. Google
By Eric Goldman Vulcan Golf, LLC v. Google Inc., 1:07-cv-03371 (N.D. Ill. June 9, 2010). My 2007 blog post when the complaint was filed. My 2008 blog post on the denial of a motion to dismiss. My 2008 blog post…
Google Sued for Click Fraud for the First Time in Years–123 Lock and Key v. Google
By Eric Goldman 123 Lock and Key LLC v. Google, Inc. (Wash. Superior Ct. complaint filed May 21, 2010) After Google and Yahoo settled their click fraud lawsuits in 2006, click fraud litigation has been fairly rare. There is a…
9th Circuit Affirms Rejection of Data Breach Claims Against Gap — Ruiz v. Gap
[Post by Venkat with a few comments from Eric at the bottom] Ruiz v. Gap, Inc. (9th Cir. May 28, 2010) In a decision that does not bode well for plaintiffs bringing privacy-based claims against Facebook in California, the Ninth…
Facebook Gets Partial Win in Click Fraud Lawsuit
By Eric Goldman In re Facebook PPC Advertising Litigation, C 09-3043 JF (HRL) (N.D. Cal. April 22, 2010). My blog post on the complaint filing. This is an unexpectedly hard-to-parse ruling in a click fraud lawsuit against Facebook. Facebook sought…
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…
Amazon Wins Keyword Advertising Suit–Video Professor v. Amazon
By Eric Goldman Video Professor, Inc. v . Amazon.com, Inc., 1:09-cv-00636-REB-KLM (D. Colo. April 21, 2010) Video Professor has been involved in a few interesting legal scrapes. For example, you may recall that in 2007 they launched a major crackdown…