Unhappy Google Advertiser’s Lawsuit Completely Falls Apart–Dreamstime v. Google

This is one of several lawsuits by unhappy Google advertisers, each claiming that Google screwed them out of Google’s self-interest. (A reminder that advertisers always feel screwed because they believe they deserve more customers for less money). Anti-Google lawsuits tend…

2H 2019 and Q1 2020 Quick Links, Part 7 (Content Moderation, Censorship, Defamation, & More)

Content Moderation * The Verge: The Terror Queue: These moderators help keep Google and YouTube free of violent extremism — and now some of them have PTSD * The Intercept: Trauma Counselors Were Pressured to Divulge Confidential Information About Facebook…

Section 230 Helps Search Engine Defeat "Right to Be Forgotten" Lawsuit--Mosha v. Yandex

Section 230 Helps Search Engine Defeat “Right to Be Forgotten” Lawsuit–Mosha v. Yandex

Looking holistically at the broad arc of Internet Law history, I could make a good case that the EU’s Right to Be Forgotten marked the beginning of the end of the modern Internet. It was the first time that a…

Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads--Harbor Breeze v. Newport Fishing

Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Newport Fishing

The litigants compete in the whale watching industry in LA/Orange Counties. The plaintiffs operate out of Long Beach/San Pedro, the defendants out of Newport Beach. If you’re not familiar with the geography, Long Beach and Newport Beach are about 20…

IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. FTC

IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. FTC

Prof. Mark Lemley (Stanford Law) and I filed an amicus brief in 1-800 Contacts v. FTC with the Second Circuit on behalf of 29 professors of intellectual property, Internet law, and antitrust. The abstract: The case involves 1-800 Contacts’ settlement…

New Jersey Attorney Ethics Opinion Blesses Competitive Keyword Advertising (…or Does It?)

In 2016, the Texas Bar issued an opinion decisively blessing competitive keyword advertising by lawyers. (Note: I define competitive keyword advertising as buying a rival’s name/brand as the trigger for ads without displaying the name/brand in the ad copy). At…

Another Competitive Keyword Advertising Lawsuit Fails--Dr. Greenberg v. Perfect Body Image

Another Competitive Keyword Advertising Lawsuit Fails–Dr. Greenberg v. Perfect Body Image

Dr. Stephen Greenberg is a plastic surgeon on Long Island. Perfect Body Image provides “non-surgical and non-invasive aesthetic services, including, among other things, laser treatments.” Perfect Body doesn’t have any doctors on staff. In addition to Stephen, at least two…

1H 2019 Quick Links, Part 2 (Keyword Advertising)

* Grasshopper House LLC v. Clean & Sober Media LLC, 2019 WL 2762936 (C.D. Cal. July 1, 2019). Prof. Tushnet recaps the case. The passages that stood out to me: Lastly, Passages argues for a third mechanism to estimate Cliffside’s…

The Florida Bar Regulates, But Doesn’t Ban, Competitive Keyword Ads

The Florida Bar has a drama-filled history regarding the regulation of competitive keyword advertising by lawyers. This post explains the background. In 2013, the bar was poised to ban competitive keyword ads, but at the last minute it did a…

Terminated AdSense Publishers Can’t Get Their Accrued Earnings–eOnline v. Google

The plaintiffs are publishers that participated in the Google AdSense program. They outsourced much of their content development to a service called TextBroker that pays authors between 0.7 and 5 cents per word (i.e., a 1000 word article makes between…