Buying Personal Names for Keyword Ads Isn’t a Publicity Rights Violation–Habush v. Cannon
By Eric Goldman Habush v. Cannon, 09-CV-18149 (Wis. Cir. Ct. June 8, 2011). The June 2010 denial of the motion to dismiss. A good overview article from when the complaint was filed. Introduction A Wisconsin court has said that a…
Site Moderators Weren’t Agents of the Site–Cornelius v. BodyBuilding.com
By Eric Goldman Cornelius v. BodyBuilding.com, LLC, 2011 WL 2160358 (D. Idaho June 1, 2011) This case involves a nutritional supplement called Syntrax, which is available for sale on an e-commerce site BodyBuilding.com. The site supports users comments and message…
April-May 2011 Quick Links, Part 1 (Trademarks and Advertising Edition)
By Eric Goldman Trademark * Facebook has quite an active trademark docket. – Facebook, Inc. v. Teachbook.com, LLC, 2011 WL 1672464 (N.D.Cal. May 3, 2011). Facebookâs trademark suit against Teachbook was dismissed for lack of personal jurisdiction. Facebook promptly refiled…
College Course Description Aggregator Loses First Round in Fight Against Competitor in Scraping Case — CollegeSource v. AcademyOne
[Post by Venkat Balasubramani with comments by Eric] CollegeSource, Inc. v. AcademyOne, Inc., 10-3542 (E.D. Pa.; Apr. 22, 2011) This is a scraping case between CollegeSource and its competitor AcademyOne. It looks like it’s part of a long running dispute…
Judge Refuses to Block Seattle’s Yellow Pages Opt-out Law — Dex Media v. Seattle
[Post by Venkat Balasubramani] Dex Media West, Inc. v. City of Seattle, C10-1857JLR (W.D. Wash.; May 8, 2011) I blogged a ways back about Seattle’s yellow pages opt-out law and a First Amendment challenge brought by yellow pages companies. I…
Google Wins Lawsuit Over Unhappy Google Search Appliance Installation–Market America v. Google
By Eric Goldman Market America, Inc. v. Google, Inc., 2011 WL 1485616 (D. Del. April 19, 2011) I blogged about this case last year. Market America retained Google and its system integrator LTech to install a Google Search Appliance to…
Bulk Emailers (Mostly) Lose Three 47 USC 230(c)(2) Rulings–Holomaxx v. Microsoft/Yahoo & Smith v. TRUSTe
By Eric Goldman I’ve been so behind that it’s taken me until now to blog these cases from last month. All three opinions involve the same basic fact pattern: a bulk emailer gets blocked by an email service provider (relying…
Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach Plaintiff — Claridge v. RockYou
[Post by Venkat Balasubramani with comments from Eric] Claridge v. RockYou, 2011 WL 1361588 (N.D. Cal.; Apr. 11, 2011) RockYou is a developer and publisher of applications for use with Facebook, MySpace, hi5, and Bebo. RockYou’s applications allow users to…
Trademark Owner Gets Injunction Against Keyword Ad Campaign That Generated No Sales for the Advertiser
By Eric Goldman InternetShopsInc.com v. Six C Consulting, Inc., 2011 WL 1113445 (N.D. Ga. March 24, 2011) [I know the headline sounds like an April Fools joke, but no April Fools here…although, as I will show, this case definitely involved…
Groupon Hit With Two Lanham Act Lawsuits, and One Takes Google Along for the Ride
By Eric Goldman Groupion, LLC v. Groupon, Inc., 3:11-cv-00870-EMC (N.D. Cal. complaint filed Feb. 24, 2011) San Francisco Comprehensive Tours, LLC v. Groupon, Inc., CV-1300 (N.D. Cal. complaint filed March 17, 2011) __________ A company doesn’t reach a purported $6B…