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…
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…
How Much Does 1-800 Contacts Hate Competitive Keyword Advertising? $1.1M Worth!?
By Eric Goldman Rader Fishman & Grauer PLLC v. 1-800 Contacts, Inc., 2:10-cv-00191-TS-DN (redacted complaint filed March 30, 2010; answer and counterclaim filed March 25, 2010; counterclaim answer filed April 19, 2010) 1-800 Contacts has been a repeated guest star…
A Jury Verdict That Competitive Keyword Advertising Isn’t Trademark Infringement–College Network v. Moore
By Eric Goldman College Network, Inc. v. Moore Educational Publishers, Inc., 2010 WL 1923763 (5th Cir. May 12, 2010). The jury verdict form from January 2009. The district court’s final judgment from June 2009. In December, I blogged about the…
Troubling Ruling About 47 USC 230 and Moderators–Cornelius v. DeLuca
By Eric Goldman Cornelius v. DeLuca, 2010 WL 1709928 (D. Idaho April 26, 2010) I blogged about this case last year. In that post, I described the situation: DeLuca runs bodybuilding.com, a fitness website and online retailer. The plaintiffs sell…
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…
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…
FTC Drops Investigation of Advertiser Who Gave Gifts to Bloggers
By Eric Goldman Although the FTC’s revised Endorsements and Testimonials Guidelines were inscrutable overall, a few things were, in fact, clear from the FTC’s announcements: 1) The FTC believes shill blogging is out of control 2) They blame advertisers for…
Online Publishers, Advertising and Privacy Considerations
By Eric Goldman I recently spoke at OMMA Global on a panel entitled “Can Publishers Take Ownership of Privacy?” This panel focused on the role of online publishers in the marketing-and-privacy discussions. Most of the privacy angst has focused on…