The Ongoing Saga of the Florida Bar’s Angst About Competitive Keyword Advertising

In August, I reported on the Florida Bar’s continued angst about regulating competitive keyword advertising by lawyers. Read my post, “The Florida Bar and Competitive Keyword Advertising: A Tragicomedy (in 3 Parts),” for the full background. The short story is…

Consumers Don’t Confuse Almond Milk and Cow Milk–Painter v. Blue Diamond

A putative class claimed Blue Diamond “mislabeled its almond beverages as ‘almond milk’ when they should be labeled ‘imitation milk’ because they substitute for and resemble dairy milk but are nutritionally inferior to it.” The lawsuit fails. The court responded…

Your Periodic Reminder That Keyword Ad Lawsuits Are Stupid--Passport Health v. Avance

Your Periodic Reminder That Keyword Ad Lawsuits Are Stupid–Passport Health v. Avance

The parties compete for the provision of health services related to traveling, like immunizations. The defendant Avance bought keyword ads triggered on the plaintiff’s trademark “Passport Health.” In 2013, the trademark owner complained, and Avance apparently dropped the Google ad…

If Your Trademark Case Depends on Showing Initial Interest Confusion, Save Your Money--Select Comfort v. John Baxter

If Your Trademark Case Depends on Showing Initial Interest Confusion, Save Your Money–Select Comfort v. John Baxter

I’ve bashed the initial interest confusion doctrine for decades. It’s one of the worst doctrinal “innovations” in trademark law–ever. However, you might have noticed that I haven’t blogged many initial interest confusion cases recently. Why? Because the phrase rarely shows…

Restricting Competitive Keyword Ads Is Anti-Competitive--FTC v. 1-800 Contacts

Restricting Competitive Keyword Ads Is Anti-Competitive–FTC v. 1-800 Contacts

Starting in 2002 and continuing for about a decade, 1-800 Contacts systematically locked up many of its online contact lenses retail competitors into settlement agreements that prohibited the parties from bidding on each other’s trademarks at the search engines. Perhaps…

Ninth Circuit Easily Dismisses YouTube Remove-and-Relocate Case–Darnaa v. Google

This is one of the many lawsuits against YouTube for removing videos and relocating them to a new URL, which resets the view count and breaks inbound links. This case, involving the “musician” Darnaa, generated a little buzz a couple…

Another Suspended Twitter User Loses in Court--Kimbrell v. Twitter

Another Suspended Twitter User Loses in Court–Kimbrell v. Twitter

Just last month, I blogged about a suspended Twitter user who lost in court. This pro se lawsuit also fails. It makes me wonder: how many other suspended Twitter users have pending cases in court? This lawsuit is also one…

Another YouTube Remove-and-Relocate Case Fails–Kinney v. YouTube

This is one of numerous cases relating to YouTube’s crackdowns on videos allegedly promoted by bots. YouTube removed the videos from the promoted URLs and relocated them to new URLs, thus stripping the initial videos of the benefits of the…

FOSTA's Political Curse

FOSTA’s Political Curse

As you know, FOSTA was terrible policy. Since its passage, the law has been devastating to the communities of both sex trafficking victims and commercial sex workers. Law enforcement officers have stopped invested as much energy into sex trafficking operations…

Angie’s List Defeats Lawsuit Over Alleged “Pay-to-Play” Rankings–Strauss v. Angie’s List

Strauss spent over $200,000 on Angie’s List advertising over about a decade. After he stopped advertising, he claimed Angie’s List treated him poorly, including deindexing him from its search, then degrading his positioning in search results, and other malfeasance. All…