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…
Another Advertiser Class Action Lawsuit Filed Against Google–Woods v. Google
By Eric Goldman Woods v. Google Inc., 5:11-cv-01263-HRL (N.D. Cal. complaint filed March 15, 2011) Since Google settled its click fraud lawsuits in 2006 and the CLRB Hanson case in 2009, it’s been a little quiet on the advertiser-vs.-Google class…
Yelp Beats “Implied Extortion”/”Pay-to-Play” Lawsuit in Round #1–Levitt v. Yelp
By Eric Goldman Levitt v. Yelp, 3:10-cv-01321-MHP (N.D. Cal. Mar. 22, 2011). See the motion to dismiss, the opposition and the reply. This ruling deals with the Second Amended Complaint. Levitt’s initial complaint. Cats & Dogs Animal Hospital’s first amended…
Employee’s Twitter and Facebook Impersonation Claims Against Employer Move Forward — Maremont v. Fredman Design Group
[Post by Venkat Balasubramani] Maremont v. Susan Fredman Design Group, 2011 U.S. Dist. LEXIS 26441 (N.D. Ill.; March 15, 2011) As alleged in the complaint, Fredman is a prominent interior designer who runs the Susan Fredman Design Group (SFDG). SFDG…
FTC Online Endorsement Guidelines Strike Again – FTC Dings Legacy Learning Over Allegedly Misleading Affiliate Reviews
[Post by Venkat Balasubramani with some comments by Eric] In re Legacy Learning Systems, Inc., FTC File No. 102 3055 [FTC Release] [Complaint (pdf)] An FTC press release notes that the FTC settled with Legacy Learning over allegations that Legacy…
Important Ninth Circuit Ruling on Keyword Advertising, Plus Recaps of the Past 4 Months of Keyword Ad Decisions
By Eric Goldman Network Automation, Inc. v. Advanced System Concepts, Inc., 2011 WL 815806 (9th Cir. March 8, 2011) [warning: this blog post is nearly 5,000 words] Introduction We’ve had surprisingly few appellate decisions involving keyword advertising generally, and almost…
Jan.-Feb. 2011 Quick Links, Part 2
By Eric Goldman Search Engines Google’s search algorithm has been very much in the news the past 2 months! * Google’s announcements: – “Google search and search engine spam” – Matt Cutts explains Google penalties in a video. – “Microsoft’s…
Savvy Louisiana Ruling on Metatags–Southern Snow v. Snowizard
By Eric Goldman Southern Snow Mfg. Inc. v. Sno Wizards Holdings, Inc., 2011 WL 601639 (E.D. La. Feb. 16, 2011) Have I ever mentioned how much I hate metatags cases? They have led to some godawful rulings. But surprisingly, today’s…
California Supreme Court Rules That a ZIP Code is Personal Identification Information — Pineda v. Williams-Sonoma
[Post by Venkat Balasubramani] Pineda v. Williams-Sonoma, S178241 (Cal. Supreme Court; Feb. 10, 2011) Plaintiff made a purchase at Williams-Sonoma and when she went to pay, the cashier asked for plaintiff’s ZIP code. Thinking she was required to provide it…